2019
Statelessness & Citizenship Review
1(1)
INTRODUCTION
With the introduction of the Grant of Citizenship to Persons of Indian Origin Act
No 35 by the Sri Lankan parliament in October 2003, Sri Lanka’s long stateless
Up-Country Tamil population was granted citizenship en masse. 1 Nevertheless,
many in this community feel as though the acquisition of citizenship has been of
little benefit given that enduring marginalisation and discrimination coalesce to
preclude them from claiming the rights of citizenship pertaining to healthcare,
education, employment and political participation. 2
In view of the above and based on field research conducted in Sri Lanka’s
Central and Uva provinces to determine whether the acquisition of citizenship has
provided for increased access and entitlement to four basic rights: healthcare,
education, employment and political participation. This paper argues that for some
previously stateless persons, recently acquired Sri Lankan citizenship is largely
nominal, operating to mask the continued marginalisation of this population and
deflect attention from an enduring human rights deficit believed to have been
resolved. In so doing, this paper challenges the notion that statelessness ‘can be
resolved in a single moment’, 3 and establishes that declarations of Sri Lanka’s
success in ending statelessness were made in haste.
To expand the scope of this paper, and place it within context of the United
Nations High Commissioner for Refugees’ (‘UNHCR’) ongoing #IBELONG
Campaign to end statelessness by 2024, the field research also attempted to
determine whether the acquisition of citizenship has provided previously stateless
persons with an increased sense of belonging. With respect to Campaign content,
the Campaign’s inaugural report states that ‘stateless people want nothing more
than to come in from the cold — to belong’. 4 Yet, the legal resolution of
statelessness may or may not translate into that which the stateless desire most —
belonging — and it is the chasm between citizenship and belonging, or rather, the
assumption that the former necessarily entails the latter, that this Campaign has
left unaddressed. For this reason, the findings herein are used to assess whether
citizenship has indeed provided previously stateless persons with an increased
sense of belonging, and are instructive for the global #IBELONG Campaign to end
statelessness by 2024.
This research is important for a number of reasons. First, it highlights the
ongoing discrimination perpetrated on Sri Lanka’s previously stateless UpCountry Tamils in terms of access and entitlement to healthcare, education,
1
2
3
4
P P Sivapragasam, ‘From Statelessness to Citizenship: Up-Country Tamils in Sri Lanka’ in
Brad K Blitz and Maureen Lynch (eds), Statelessness and Citizenship: A Comparative Study
on the Benefits of Nationality (Edward Elgar 2011); Rebecca Wolozin, ‘Citizenship Issues
and Issuing Citizenship: A Case Study of Sri Lanka's Citizenship Laws in a Global Context’
(2014) 16(1) Asian-Pacific Law & Policy Journal 1; Mythri Jegathesan, ‘Deficient Realities:
Expertise and Uncertainty among Tea Plantation Workers in Sri Lanka’ (2015) 39(3)
Dialectical Anthropology 255; Christopher Neubert, ‘Power, Everyday Control, and
Emerging Resistance in Sri Lanka’s Plantations’ (2015) 24(4) Contemporary South Asia 360;
Anasua Basu Ray Chaudhury, ‘Ordeal of Citizenship: The Up-Country Tamils in Sri Lanka
and India’ in Paula Banerjee, Anasua Basu Ray Chaudhury and Atig Ghosh (eds), The State
of Being Stateless: An Account of South Asia (Orient Blackswan 2016).
Sivapragasam (n 1); Wolozin (n 1); Jegathesan (n 1); Chaudhury (n 1).
United Nations High Commissioner for Refugees, Special Report: Ending Statelessness
(Special
Report,
4
November
2014)
20
<https://www.unhcr.org/cgibin/texis/vtx/home/opendocPDFViewer.html?docid=546217229&query=Special%20Report
:%20Ending%20Statelessness%20Within%2010%20Years> (‘UNHCR Special Report’).
ibid 16.
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