2020
Statelessness & Citizenship Review
2(1)
established journalist of the Middle East, Brian Whitaker, posted an interesting
blog entry back in 2014 touching on links between arbitrary deprivation of
citizenship and homophobia. Referring to well documented cases of
denationalisation by the government, he states:
Homosexuality is working its way into the list of transgressions that can render
someone undeserving of the social and legal title ‘Bahraini.’ Government loyalists
often proclaim that opposition activists and political leaders ‘don’t represent me
and don’t represent Bahrain.’ Occasionally, they finish with a quick note about how
such people ‘represent the gays,’ firmly locating ‘the gays’ (and thus, the
opposition) in direct contrast with ‘Bahrain.’ In many Twitter attacks,
homosexuality is positioned as antithetical to the state itself. 68
The prominent LGBTIQ+ activist and sociologist, Evgeny Shtorn, presents a
case where statelessness may be considered to have resulted from discrimination
against an individual for engaging in political advocacy on SOGIESC rights.
Shtorn worked as researcher on LGBTIQ+ rights in Russia ‘where Putin [was]
actively promoting anti-gay propaganda and where “state-sponsored
homophobia” ha[d] become the norm’. 69 Originally from the Kazakh Soviet
Socialist Republic, he moved to St Petersburg in 2000. After some years, he
obtained a Russian passport. Later, however, and after renouncing his Kazakh
citizenship, Shtorn discovered that his Russian passport had been cancelled
without explanation. He lived in a stateless limbo for five years awaiting
clarification and an opportunity to re-apply for Russian citizenship. During
subsequent interrogation at the hands of the secret police as part of a crackdown
on the LGBTIQ+ community in Russia, it became clear that the delays and
ultimate refusal to resolve his citizenship problem were linked to Shtorn’s
LGBTIQ+ activism. He told media that ‘[i]t was punishment for being an actor in
the field of human rights’. 70 Eventually having to leave Russia, Shtorn now lives
as a recognised refugee in Ireland, where he runs a community group for
LGBTIQ+ asylum seekers for which he received the National LGBT Federation’s
2020 GALAS Person of the Year award. 71
4
On Vulnerable Ground
In addition to the good practice highlighted in the case of Nepal’s recognition of
citizenship rights for third gender persons, South Asia also presents cause for
concern in the present situation of neighbouring India. There, LGBTIQ+
individuals are reported to be fearful of losing their citizenship and are at risk of
becoming stateless. 72 The names of most of the 20,000 members in the transgender
community in the region of Assam have not been recorded in the controversial
68
69
70
71
72
Brian Whitaker, ‘Homophobia and Nationalism: “Too Gay to Represent Bahrain”’, Al-Bab
(online, 16 December 2014) <https://al-bab.com/blog/2014/12/homophobia-andnationalism-too-gay-represent-bahrain>.
Sorcha Pollak, ‘I’m 35 Years Old and I Feel Like My Life Is Turning into Nothing’, The Irish
Times (online, 28 November 2018) <https://www.irishtimes.com/life-and-style/people/i-m35-years-old-and-i-feel-like-my-life-is-turning-into-nothing-1.3707162>.
ibid.
Queer Disapora (Web Page) <http://queerdiaspora.com/>; ‘LGBT+ Activists and Everyday
Heroes Celebrated at 2020 GALAS Awards’, GCN (Web Page, 9 February 2020)
<https://gcn.ie/lgbt-heroes-celebrated-2020-galas-awards/>.
‘India's Transgender Protesters Fear Stateless Future’, Agence France Press (online, 31
December 2019).
77