The Statelessness and Citizenship Review 2021-01-28T08:23:41+11:00 Statelessness & Citizenship Review Open Journal Systems <p>The&nbsp;<a href="">Peter McMullin Centre on Statelessness</a>&nbsp;at Melbourne Law School and the&nbsp;<a href="" target="_blank" rel="noopener">Institute on Statelessness and Inclusion (ISI)</a>&nbsp;present the <em>Statelessness &amp; Citizenship Review</em>. This is the first journal to be entirely dedicated to advancing the understanding of statelessness and related citizenship phenomena and challenges, helping to meet the growing demand for the exchange of ideas and knowledge among scholars in the blossoming field of statelessness studies. The Editors-in-Chief are Prof. Michelle Foster (Peter McMullin Centre) and Dr. Laura van Waas (ISI).</p> Front Matter 2020-12-20T23:59:56+11:00 Statelessness and Citizenship Review platform <p>N/A</p> 2020-12-21T00:00:00+11:00 ##submission.copyrightStatement## Fighting Imagined Invasions with Administrative Violence. 2020-12-20T23:59:56+11:00 José-María Arraiza Phyu Zin Aye Marina Arraiza Shakirova <p><em>Discriminatory policies have the capacity to create statelessness on a massive scale and the majority of stateless persons around the world belong to impoverished minority communities. The intentionality of such discrimination is guided by xenophobia, racism and particularly nativism: the belief that an internal minority with foreign connections is a threat to the nation. Hence, target communities are re-imagined as an enemy invader. This article analyses and compares how such ideologies have resulted in statelessness in the cases of Myanmar, the Dominican Republic and the State of Assam in India. These three scenarios have internal minorities (Rohingya in Myanmar, ethnic Haitians in Dominican Republic and Bengalis in India) that have been represented, based on kinship lines with neighbouring states, as enemy intruders by public officials and institutions. The authors compare how in the three scenarios nativist policies, the erosion of jus soli in citizenship laws and administrative violence have been used to ‘fight’ these imagined invasions and identify common trends.</em></p> 2020-12-18T11:28:54+11:00 ##submission.copyrightStatement## Addressing Statelessness through the International Convention on the Elimination of All Forms of Racial Discrimination (‘ICERD’) 2021-01-04T11:56:28+11:00 Michiel Hoornick <p><em>Discrimination is one of the root causes for deprivation and denial of nationality. This work presents an analysis of the right to nationality under art 5(d)(iii) of the International Convention on the Elimination of All Forms of Racial Discrimination and the interpretation of the obligations under art 2, related to this right by its monitoring body, the Committee on the Elimination of Racial Discrimination. This reflection focuses on obligations regarding deprivation of nationality, acquisition of nationality and other obligations to facilitate and fulfil the right to nationality of the individuals living within its jurisdiction. An assessment is made on the effectiveness of the Convention and its Committee in protecting the right to nationality.</em></p> 2020-12-18T00:00:00+11:00 ##submission.copyrightStatement## ‘Legal Identity for All’ and Statelessness 2020-12-20T23:59:57+11:00 Bronwen Manby <p><em>This article considers the impact of Target 16.9 of the Sustainable Development Goals (‘SDGs’), ‘to provide legal identity for all, including birth registration’ on the objective of eradicating statelessness. This SDG Target has given a significant boost to initiatives for the strengthening of civil registration and identification systems, supported by the United Nations and World Bank. Yet its impact on the resolution of statelessness is not clear, because of the immense complexity of the definition of ‘legal identity’. Proposed definitions, adopted after the target was established, fail to take on board the challenges involved in cross-border recognition of civil status documents and the determination of nationality of a child for parents who hold no documents. The article concludes that SDG Target 16.9 is both an opportunity and a threat. If the objective of providing universal ‘legal identity’ is to have a positive impact for stateless persons there is a need for new engagement with the regulation of civil status in private international law, and new insistence in public international law on legal frameworks that facilitate recognition and registration of the different elements of a person’s identity, including nationality, even and especially where they are officially in doubt. Short cuts in this process risk long delays.</em></p> 2020-12-18T11:43:49+11:00 ##submission.copyrightStatement## 'Humanising' Statelessness through an Artistic Approach 2021-01-28T08:23:41+11:00 Md Mizanur Rahman <p><em>In this article I critically examine an art-based approach to statelessness in institutional settings, to show how art can produce alternative insights on statelessness. Drawing from ethnographic observation, I show how an art-based approach tries to go beyond the predominant legalistic and political frames and representations of statelessness, but stay married to the same legal and political discourses. I found the art-based approaches observed do not subscribe to the idea that statelessness is only a legal anomaly and instead emphasise the creation of empathy for stateless individuals or groups. This humanises statelessness by showing their human vulnerability and creatively recognising their hope and agency. Regardless, artistic approaches can struggle to challenge the legalistic and political nature of the problem. It remains a question whether such approaches are appropriately promoting the views, perceptions and feelings of stateless persons themselves, as their participation in creating such art projects are minimal. As such, I argue for an ‘ethnographic turn in art practices’, which can ensure the participation of stateless people in the process of creating and demonstrating art. I believe this ‘turn’ could play a crucial role in the development of statelessness studies.</em></p> 2020-12-18T12:05:15+11:00 ##submission.copyrightStatement## The Broadening Protection Gap for Stateless Palestinian Refugees in Belgium 2020-12-20T23:59:58+11:00 Wout Van Doren Julie Lejeune Marjan Claes Valérie Klein <p><em>This paper reflects upon the issue of statelessness, Palestinians and a recent evolution of Belgian caselaw. When seeking to apply the definition of a ‘stateless person’, as found in art 1 of the 1954 Convention Relating to the Status of Stateless Persons to Palestinians, judges are confronted with specific challenges. Since 2016, divergent standards are developing as to the question of whether, and in which circumstances, Palestinians may be stateless for the purposes of international law. This evolution takes place in a national landscape characterised by a statelessness determination procedure that falls short of standards set out in the United Nations High Commissioner for Refugees Handbook on Protection of Stateless Persons in a number of areas, while a growing number of asylum seekers originating from Palestine are registered&nbsp; over the period 2016–19. This paper exposes, anno 2020, the protection gaps left open by the remarkably divergent approaches to this question taken by the different national actors involved.</em></p> 2020-12-18T12:23:20+11:00 ##submission.copyrightStatement## Tokyo High Court, Judgment, Heisei 30 Nen (Gyou-Ko), No 232 (29 January 2020) 2020-12-20T23:59:58+11:00 Osamu Arakaki Wawine Waworuntu Yamashita <p>N/A</p> 2020-12-18T13:02:21+11:00 ##submission.copyrightStatement## Sudita Keita v Hungary 2020-12-20T23:59:59+11:00 Patrícia Cabral <p>N/A</p> 2020-12-18T15:46:01+11:00 ##submission.copyrightStatement## Kennedy Gihana & Others v Republic of Rwanda, Application No 017/2015 2020-12-20T23:59:59+11:00 Tshegofatso Mothapo <p>N/A</p> 2020-12-21T00:00:00+11:00 ##submission.copyrightStatement## Nomads and the Struggle for a Legal Identity 2020-12-20T23:59:59+11:00 Heather Alexander <p>N/A</p> 2020-12-18T00:00:00+11:00 ##submission.copyrightStatement## Rohingyas and the (Il)Legal Quest for an Indian Identity 2020-12-20T23:59:59+11:00 Tejal Khanna <p>N/A</p> 2020-12-18T16:23:07+11:00 ##submission.copyrightStatement## Digital ID and Risk of Statelessness 2020-12-20T23:59:59+11:00 Grace Mutung'u Isaac Rutenberg <p>N/A</p> 2020-12-18T16:36:12+11:00 ##submission.copyrightStatement## Offshore Citizens: Temporary Status In The Gulf by Noora Lori (Cambridge University Press) 2020-12-21T00:00:00+11:00 Thomas McGee <p>N/A</p> 2020-12-18T16:50:30+11:00 ##submission.copyrightStatement## Citizenship: What Everyone Needs to Know by Peter J Spiro (Oxford University Press) 2020-12-21T00:00:00+11:00 Katherine Southwick <p>N/A</p> 2020-12-18T16:56:12+11:00 ##submission.copyrightStatement## Introduction 2020-12-21T00:00:00+11:00 Barbara von Rütte <p>N/A</p> 2020-12-21T00:00:00+11:00 ##submission.copyrightStatement## The Constitutional Citizen in Narratives of Peoplehood 2020-12-21T00:00:00+11:00 Johanna Hase <p>N/A</p> 2020-12-21T00:00:00+11:00 ##submission.copyrightStatement## Constitutions, Citizenship and the Shadow of Statelessness 2020-12-21T00:00:00+11:00 Natalie Baird <p>N/A</p> 2020-12-21T00:00:00+11:00 ##submission.copyrightStatement## Citizenship, Constitutions and Peoples on the Margins 2020-12-21T00:00:00+11:00 Julija Sardelić <p>N/A</p> 2020-12-21T00:00:00+11:00 ##submission.copyrightStatement## People, Sovereignty and Citizenship 2020-12-21T00:00:00+11:00 Kriszta Kovács <p>N/A</p> 2020-12-21T00:00:00+11:00 ##submission.copyrightStatement##