Statelessness, Trauma and Mental Well-being
are often at risk of statelessness. When a child’s birth is not registered, especially in
the context of forced migration, where citizenship is not automatic, it may put them
at risk of statelessness and trafficking.27 28 29 Indeed, international conventions may be
in place but denial of rights leading to vulnerabilities are evident.30 31
The gendered nature of forced migration cannot be denied. The same can be
said of access to citizenship.32 In many countries, including those affected by war
(such as Syria, Somalia, Democratic Republic of the Congo), women cannot confer
citizenship to their children as easily as men can do. Moreover, mothers might not
be allowed to register the birth of their children, or they may struggle to prove the
children’s paternity when separated from the children’s fathers. These factors put
children at risk of statelessness.33
A remarkable difference between forced migration, refugeeism and
statelessness is that although a dim hope, refugees have reasonable hope that they
might go back to their home countries, whereas stateless forced migrants rarely have
a chance to obtain the citizenship of their former country of residence.
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III. CONSEQUENCES OF STATELESSNESS
Citizenship or nationality is the essential link between a person and the State. Thus,
the consequences of statelessness are dire from social, political, and economic
perspectives — with studies showing that stateless individuals are among the world’s
most vulnerable groups, least known, least heard, and least visible. Being stateless not
only presents legal and policy challenges for national, regional, and international law,
it also creates psychosocial challenges for the individual and their families as their
lives are on hold. Indeed, statelessness can mean a lifetime of hardship(s) if it remains
unchallenged and unresolved. It is crucial to consider the direct and indirect impact
of statelessness through a human rights lens because statelessness is associated with
discrimination in accessing basic rights and it could render the person at risk of other
human rights violations.34 This supports the argument that ‘when human rights are
violated, the doors to creating statelessness are opened … and statelessness is at the
nexus of human rights and displacement.’35
International human rights instruments accord to stateless persons equal rights to
marriage, freedom of belief, expression, movement, religion, and socio-economic
and cultural rights. However, huge gaps are evident in terms of guaranteed rights
Ajwang’ Warria (2020) op cit note 15 6 at 12.
Aimée-Noël Mbiyozo (2019) op cit note 24 1 at 19.
Tharani Loganathan, Zhie Chan, Fikri Hassan, Zhen Ling Ong & Hareen Abdul Majid ‘Undocumented: An examination of legal identity and education provision for children in Malaysia’ (2022) 17(2) PLoS One, 1 at 18.
29
Ajwang’ Warria ‘Forced child marriages as a form of human trafficking’ (2017a) 79 Children and Youth Services Review
274 at 275.
30
Ajwang’ Warria ‘International and African regional instruments to protect rights of child victims of transnational trafficking’ (2017b) 12(5) Victims & Offenders 682 at 695.
31
Jacqueline Bhabha (2009) op cit note 7 410 at 422.
32
Aimée-Noël Mbiyozo (2019) op cit note 24 1 at 9. Gabor Gyulani (2019) op cit note 13 48 at 49.
33
Gabor Gyulani (2019) op cit note 13 48 at 49.
34
Ajwang’ Warria (2020) op cit note 15 6 at 12.
35
Maureen Lynch (2005) op cit note 8 1 at 4.
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27
28
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