Chakrabarty: Citizenship Deprivation as an Act of Persecution: Case Study of t
possesses no associated rights to residence within the borders and hence can be forcibly
displaced and deported, 37 or even indefinitely detained.38
Article 1(1) of the 1954 Convention on Status of Stateless Persons defines a ‘stateless person as
one who is not considered a national by any state under the operation of its law’;39 whereas the
1961 Convention on the Reduction of Statelessness (“1961 Convention”) 40 provides for
measures to prevent and reduce statelessness. Several scholars have noted the lack of attention
paid by the international community to stateless people (as opposed to refugees) 41 - apart from
these two International Conventions, and one regional Convention (European Convention on
Nationality, 1977), the literature on statelessness is rather sparse. This is also confirmed by the
number of states that are signatories to the Refugee Convention (145) as opposed to the two
Conventions on statelessness (74 states are signatories to the 1954 Convention; and 45 states are
signatories to the 1961 Convention).
The 1961 Convention lays down what amounts to “withdrawal of nationality” that results in
statelessness. Withdrawal can either be a consequence of operation of laws, also termed as “loss
of nationality”,42 or through action of state authorities, also termed as “deprivation of
nationality”.43 In the former case, withdrawal is usually on account of different practices of
citizenship conferment (jus soli or jus sanguinis, or discriminatory gender provisions), state
succession, transfer or incorporation of new territory. In the latter case, it could be a result of loss
of birth certificates required for applications, lack of administrative capabilities, corruption or
irregular processing of certificates, unrealistic time frames for registration, or even prior flight as
a refugee. As will subsequently be demonstrated, statelessness does not operate between such
binaries.
UNHCR, Expert meeting — the concept of stateless persons under international law, 2010 at para. B.7, online:
<http://www.refworld.org/docid/4ca1a e002.html>.
38
Anudo Ochieng Anudo v Republic of Tanzania (2018), African Court on Human and Peoples’ Rights Judgment,
App No 012/2015 at paras 118, 120-121.
39
Convention Relating to the Status of Stateless Persons, 28 September 1954, 360 UNTS 117 (entered into force 6
June 1960).
40
Convention on the Reduction of Statelessness, 30 August 1961, 989 UNTS 175 (entered into force 13 December
1975).
41
See, Maryellen Fullerton, “The Intersection of Statelessness and Refugee Protection in US Asylum Policy”,
(2014) 2:3 J on Migration and Human Security 144(“stateless persons are largely unnoticed”); Flavia Giustiniani,
supra note 29.
42
1961 Convention, supra note 40 at articles 5-7.
43
1961 Convention, supra note 40 at articles 8 and 9.
37
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