1.3
Overview of This Chapter
In the remainder of this introductory chapter we review the ‘state of
statelessness’ in Asia, beginning in Section 1.4 by traversing the ratification and implementation of international law including both
statelessness-specific treaties and general human rights treaties pertinent
to statelessness. This is followed by a brief overview of regional law,
including the ASEAN Human Rights Declaration and ASEAN’s hitherto
tepid response to the phenomenon of statelessness in the region. This
section also includes a sweep of the range of constitutional rights to
nationality across Asia and of ordinary laws on citizenship, including
modes of acquisition and loss.
In Section 1.5 we provide further context to statelessness in Asia as
well as map the core themes that emerge from our examination of
statelessness in Asia in relation to causes. These include the wide range
of ethnic, religious, cultural and linguistic diversity in the region and how
these factors interrelate and contribute to statelessness; the legacies of
colonialism and how they continue to reverberate across Asia in terms of
concepts of nationality and citizenship, as well as ‘insiders’ versus ‘outsiders’; the impact of the achievement of independent statehood and
international recognition in the second half of the twentieth century in
many Asian states on the construction of citizenship and the creation of
statelessness; and how contemporary politics of nation-building may be
viewed as an outcome of history as well as of current contestations over
identity and, many times, power and resources. We conclude Section 1.5
by drawing out intersecting vulnerabilities which include migration,
gender, age/minors, racialization, and national security. Finally, in
Section 1.6 we offer some preliminary thoughts on frameworks of analysis and future research agendas, including challenges and prospects
for reform.
1.4
Statelessness: State of the Law in Asia
1.4.1 International Law
Until recently, the protection of stateless persons had tended to be
overshadowed by the international priority to protect refugees. This is
notwithstanding that the protection of stateless persons and the prevention and reduction of statelessness are longstanding objectives of the
international community. In the aftermath of World War II, the
Secretary-General of the newly constituted United Nations established
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