2021
Statelessness & Citizenship Review
3(2)
hardly any social and political science scholarship focusing explicitly on this
phenomenon’, 29 what becomes key is continued engagement between academics,
humanitarian and other practitioners working on such issues in areas of armed
conflict or contested sovereignty where there is significant knowledge and
experience (as the authors do as part of their wider project, which seeks to
document people’s lives and the ‘lives’ of documents to see how they are affected
by rebel governance 30) as well as, of course, with affected people to the extent
possible, and probably also between international lawyers and political scientists.
Overall, given that such divided and parallel governance structures are part of
many people’s lived experiences, this chapter makes the practical point that rather
than simply rejecting such conferrals of legal identity as improper/illegal or
unrecognised, states, global elites and civil society need to better understand the
messy realities of governance, legal identity and also statelessness that can be
produced and which have to be relied upon in various ways during armed conflict.
Finally, Natalia Kasianenko’s ‘Statelessness and Governance in the Absence of
Recognition: The Case of the “Donetsk People’s Republic”’ 31 provides a
contextual example of the issues discussed in the two above-mentioned chapters
linked to the political power and social control inherent in citizenship governance,
and the multiple levels of legality and recognition involved when sovereign
governance is contested. Kasianenko highlights tools of governance relied upon
as a strategy for strengthening internal legitimacy in the self-proclaimed Donetsk
People’s Republic in the Donbas region of Ukraine. Residents of Donbas have
been able to obtain passports from the Donetsk and Luhansk People’s Republics,
although these passports are not recognised internationally. This chapter explores
how the situation can translate into one akin to statelessness, for example, in
relation to people who cannot easily renew their Ukrainian passport, or for
children born in the Donetsk or Luhansk People’s Republics since the beginning
of the conflict. Ukraine, in turn, has had to work out how to formally recognise
birth and death certificates issued in the Donbas region. This chapter illustrates
how citizenship governance can become another form of ‘lawfare’ in armed
conflict and its aftermath.
Stepping back to view the volume as a whole, one of its strengths is precisely
the global range of different authors, backgrounds, perspectives and lived
experiences that it brings together. The broad range of topics means that the book
can appear at first glance somewhat unfocused or unruly. The topics range from
cultural statelessness linked to the effects of climate change in Pacific states, to
transnational surrogacy, sex and gender norms in birth certificates, and armed
conflict. I see this ‘unruliness’, however, as the editors seeking to demonstrate in
practice the approach for which the book is arguing. I see it as courageously
starting the necessary and somewhat messy work of exploring the governance of
citizenship through the complexities of sociolegal context, paying attention to
histories, lived experience and differing perspectives.
As an international lawyer, I take away from this volume that although lawyers
might understand statelessness primarily as an issue of legal and political
29
30
31
Fortin, Klem and Sosnowski (n 35) 130.
ibid 134 n 1.
Natalia Kasianenko, ‘Statelessness and Governance in the Absence of Recognition: The Case
of the ‘Donetsk People’s Republic’ in Tendayi Bloom and Lindsey N Kingston (eds),
Statelessness, Governance, and the Problem of Citizenship (Manchester University Press
2021) 112.
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