2019
Statelessness & Citizenship Review
1(1)
To that end, the paper situates the issue of statelessness, which historically has
been associated with interwar and post-World War II (‘WWII’) refugees, 10 within
the contemporary context of neoliberal globalisation and international migration.
It begins with a brief history of statelessness in global governance, before
proceeding to contrast the slippery statecraft involved in the contemporary causes
of statelessness with the apparent depoliticisation of the issue as it is integrated
into global governance frameworks. Regarding the contemporary causes of
statelessness, the paper asks: what is the relationship between neoliberal
globalisation, migration management and statelessness, if any? What forms of
discrimination and denationalisation are states employing, and to what end?
Second, the paper looks at key international organisations and non-state actors
which are considering statelessness, such as the United Nations High
Commissioner for Refugees (‘UNHCR’) and the emergent epistemic community
convened by the Institute on Statelessness and Inclusion (‘ISI’), and how each
understands the problem. The final section provides examples of the depoliticised,
technical language used to incorporate statelessness into the Sustainable
Development Agenda (‘SDA’), New York Declaration for Refugees and Migrants
(‘New York Declaration’), the Global Compact for Safe, Orderly and Regular
Migration (‘Global Compact on Migration’) and the Global Compact on
Refugees.
Only recently has statelessness been rediscovered as an international concern.
The numbers of persons without state recognition suggest that the issue will
continue to present challenges to global governance, not least because it reveals
inherent contradictions in the international system of states and the human rights
framework. I argue that the dominant framing of the problem as a technical, legal
matter, led by UNHCR, obviates the politics behind statelessness as slippery
statecraft. 11 This may lead proposed solutions to fall short of their mark and risks
aggravating rights violations. Critical research on the causes of statelessness may
help advocates figure out how to make the case for inclusion, appealing to broader
state interests and networks, without abandoning attendant human rights
obligations. In the concluding remarks, I argue for bringing the politics back in so
we can see the state in statelessness and then briefly consider new frames for
delivering justice and belonging to the stateless.
A BRIEF HISTORY OF STATELESSNESS IN GLOBAL GOVERNANCE
To understand statelessness, one starting point is its conceptual opposite:
citizenship. Sociologically, citizenship is understood as a set of rights and
entitlements that an individual may access through state protection; legally and
politically, it refers to formal recognition by a state, or status. 12 The latter notion
of citizenship as status ‘originated in the West and spread across the globe with
the rise of the international system of states and the spread of colonialism’. 13
Recognition of citizenship was part of the original project of the Westphalian
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Hannah Arendt, The Origins of Totalitarianism (Harcourt Brace Jovanovich 1973) 344.
Kim Rygiel and Margaret Walton-Roberts, ‘Multiple Citizenships and Slippery Statecraft’ in
Rhoda E Howard-Hassmann and Margaret Walton-Roberts (eds), The Human Right to
Citizenship: A Slippery Concept (University of Pennsylvania Press 2015) 210.
Audrey Macklin, ‘Who is the Citizen’s Other? Considering the Heft of Citizenship’ (2007)
8(2) Theoretical Inquiries in Law 334.
Kristy Belton, Statelessness in the Caribbean: The Paradox of Belonging in the Postnational
World (University of Pennsylvania Press 2017) 160.
138