2020
Statelessness & Citizenship Review
2(1)
woman) to rent the apartment. I haven’t disclosed my identity to any landlords, so
I won’t get into trouble with them. I try my best to hide it. 56
LGBTIQ+ stateless persons may encounter challenges in both the job market
and the accommodation hunt due to the combination of lacking official papers that
would be expected for a citizen and the prevalence of social stigma in some
locations.
On the more psychological level, the ‘UndocuQueer stress’ emanating from the
cumulative effect of constantly feeling unsafe, and compounded security risks
triggered by the double marginalised identity, also translate well to the experiences
of the stateless LGBTIQ+ based on the selection of cases available to inform
current understandings. 57 The experiences of fear, anxiety and rejection that have
been recorded by researchers working with the UndocuQueer movement are
reflected in the accounts of stateless LGBTIQ+ persons reproduced below. Firstly,
in reporting the story of the transsexual stateless Bidun from Kuwait mentioned
above, Human Rights Watch writes that:
The combination of Ghadeer’s gender identity, statelessness, and poverty has
amplified her vulnerability at the hands of the police and society at large. The dual
stigma attached to being Bidun [stateless] and transsexual greatly increased her
vulnerability to extortion and violence. … Since 2008 Ghadeer said that police had
arrested her nine times for allegedly violating article 198 [of the Kuwaiti Penal
Code] and detained her each time between four and twelve days. In 2009, a Kuwaiti
court fined her 1000 KD ($3000) for ‘imitating the opposite sex’. 58
The mutually exacerbating security risks of being both LGBTIQ+ and stateless
are likewise highlighted through the below narrative of Joseph in Lebanon, who
was interviewed by the author for the purpose of this research. 59
Identifying as a stateless person who is also a LGBTIQ+ activist, Joseph was
born to a Lebanese mother and Armenian father from Syria. When his parents got
married, his father was ‘wanted’ by the Syrian government for not having
completed his military service so when Joseph and his brother were born, they
were only issued baptism certificates without the parents being able to complete
the full birth registration process in Syria. Also, Lebanese women cannot pass on
their citizenship to children due to gender discriminatory provisions within the
nationality law. When his father was ultimately exempted from military service,
Joseph's mother sought to regularise the children’s status by issuing the necessary
paperwork from Syria. However, around this time the Syrian conflict began and
the city of Aleppo (where Joseph should have been registered) was the site of
major atrocities. After a difficult year of undocumented displacement in Lebanon,
he managed to acquire a laissez-passer to facilitate his movement across the
ubiquitous checkpoints on Lebanon’s roads.
56
57
58
59
Interview with Selena (Human Rights Watch, Beirut, 12 November 2018), quoted in ‘Don’t
Punish Me for Who I Am’ Systemic Discrimination against Transgender Women in Lebanon
(Report, Human Rights Watch 2019) <https://www.hrw.org/report/2019/09/03/dont-punishme-who-i-am/systemic-discrimination-against-transgender-women-lebanon>.
Jesus Cisneros and Christian Bracho, ‘Undocuqueer Stress: How Safe are “Safe” Spaces, and
for Whom?’ (2019) Journal of Homosexuality 1.
They Hunt Us Down for Fun (n 55) 29; Kuwaiti Penal Code (Kuwait) Law No 16 of 1960, art
198.
Interview with Joseph Poladoghly (Thomas McGee, 11 January 2020). Interviewee consented
to have his name known.
73