Collective Victimisation Of Stateless Peoples
293
tim’ is embedded. In addition, a victim should match the criteria attached to
the ideal victim-label, in order to not be excluded from social recognition as a
victim. Although it makes good sense that the United Nations refrains from
inheriting a politically sensitive and essentially vague term as ‘victim’ in the
context of statelessness, we contend that this appears to have had grave implications for the recognition of stateless persons as people who were victimised
and therefore could invoke existing victim rights such as compensation, access
to justice, psycho-social assistance etc.25 As long as the victim-identity of the
stateless peoples does not yield dominance, statelessness invokes negative
associations, instead of the compassion often attached to the victim-label,
which has dire implications for the person who is subjected to the reality of
statelessness. The absence of the word ‘victim’ in the statelessness Conventions
reflects this systematic misrecognition of persons as being victimised and constitutes as such an unintended political statement about the ‘deservingness’ of
stateless persons.
We have argued that victimisation is inherent to the reality of being stateless in a hostile state. Furthermore, we contend that the label ‘stateless’ in such
a context evokes exclusive social sentiments that might legitimize further maltreatment of the stateless within a society. After all, the way in which certain
situations or contexts are framed can have great impact on the proposed
approaches and policies that aim to provide for a solution. The recognition of
victims as advocates, persons who have a voice and the importance of granting
compensation, assuring justice and providing adequate victim services, should
be stretched to the stateless populations and become a guiding approach when
dealing with matters relating to collective victimisation. Victimologists should
engage in further developing knowledge and policy concerning such communities and spread awareness about their essential status as deserving victims.
25
With regard to the needs of refugees, the World Health Organization (WHO) and the
UNHCR have recognized that psychosocial needs should not be ignored and, indeed,
are as important as physical needs. The World Health Organisation, with the support of
the Office, has produced a manual for the mental health of refugees and of others in
emergency situations. This is aimed at non-professionals, as was its manual ‘The
Community Health Worker’, published in 1990. The idea is to help those working with
refugees to understand how they can provide mental and psychological support to those
in emergency situations.
tilburg law review 19 (2014) 285-293
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