3. ENSURING THAT TODAY’S REFUGEES ARE NOT TOMORROW’S STATELESS:
SOLUTIONS IN A REFUGEE CONTEXT
States to offer a protective umbrella, identifying persons in need and
exercising diplomatic functions where necessary.
For Rwandan refugees in Uganda, however, the official policy response
to their plight continues to lack effective recognition of the genuine
protection concerns that are preventing them from accessing
meaningful citizenship. At the same time, the appropriate alternative
in these circumstances – the granting and enjoyment of refugee status
as an effective bridge to the three durable solutions – is in practice
and policy being denied through the way in which cessation is playing
out. In other words, the circumstances in which these refugees find
themselves can be described as a situation in which they are being
denied effective citizenship. They are not only being denied effective
national protection, but also most of the rights concomitant with
refugee status, the international protective “citizenship” which is
intended to create a path to the ultimate re-establishment of a viable
State-citizen link. As a result, many of the refugees saw themselves as
stateless, although certainly they are not so de jure – yet.
Creating a situation in which people have incentives to become officially
“invisible” is a recipe for risk of statelessness. For instance, many have
had to destroy documentation that proves their status in order to remain
under the legal radar. As a result, those who are “invisible” are unlikely
to register their children at birth as they have no status against which to
register them and even if they manage to hold onto a nationality, their
children are certainly vulnerable to being stateless.
Ultimately, greater recognition is needed of the fact that today’s
protracted refugees are at risk of becoming tomorrow’s stateless
unless a deliberate effort is made to avert this from happening. By
ensuring that appropriate alternatives are offered to those who cannot
return “home”, future situations of statelessness can be averted. Of
course, this solution relies on the goodwill of governments to offer
citizenship to those who originally arrived as refugees – or whose
parents did. It is also important to nuance this discussion by drawing
attention to the fact that there is a balancing act between pushing for
naturalisation on the basis of irreconcilable citizenship problems, and
undermining the hope or possibility of return by too readily assessing
people as stateless. Suffice it to say, however, that governments need
to be persuaded that it is in their best interest from an economic and
security perspective to give legal recognition to those living within
88
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents