The Statelessness and Citizenship Review 2021-07-28T19:04:56+10:00 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 2021-07-28T00:01:39+10:00 Statelessness and Citizenship Review Platform <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Editorial 2021-07-28T00:01:39+10:00 Michelle Foster Laura van Waas <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness 2021-07-28T00:01:39+10:00 Malak Benslama-Dabdoub <p>The millions of Syrians born or living in exile as a result of the ongoing conflict has dramatically increased the number of people from Syria with no nationality. In this regard, Syrian nationality law has been criticised for containing discriminatory provisions and failing to address the risk of statelessness. Nonetheless, the responsibility of colonialism in creating such discrimination has been largely overlooked. One decade after the outbreak of the Syrian civil war, this article looks back at the colonial roots of Syrian legislation governing nationality. Through a critical legal and historical analysis, it reveals the hidden colonial legacies of Syrian citizenship, by highlighting the responsibility of European colonial powers in introducing gender-based discrimination in domestic legislation, rendering Kurds and Palestinians stateless, and creating the practice of arbitrary denationalisation. This paper ends with a call for more research on colonial legacies within citizenship and statelessness studies.</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## People's Right to a Nationality and the Eradication of Statelessness in Africa 2021-07-28T00:01:40+10:00 Darren Ekema Ewumbue Monono <p>The right to nationality, enshrined in art 15 of the Universal Declaration on Human Rights, is absent in the 1981 African Charter on Human and Peoples’ Rights, known as the Banjul Charter. On-going efforts by African institutions to address this gap, with a view to eradicating statelessness in the continent have, however, focused on the right to nationality as an individual right. This has undermined the spirit of the Banjul Charter, which consecrates peoples’ rights as an African specificity. This article highlights the Banjul-led African human rights system and its specificities of human rights, particularly with regard to collective community and peoples’ rights. Based on the recognition and communitarian theories, it examines different concepts related to collective rights and highlights the manifestation of peoples’ rights in African case law. It then analyses the nexus between peoples’ rights to nationality and statelessness in the continent. It concludes that the eradication of statelessness by 2024 in Africa cannot be effective unless the focus is on peoples’ collective rights to nationality.</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Breaking the Presumption That Applicants of Statelessness Determination Procedures Are Foreign 2021-07-28T00:01:40+10:00 Paola Pelletier Quiñones <p>This article considers the situation of those who apply for a determination of their status as a stateless person but could, nonetheless, be nationals of the state in which they apply. Cases of in situ statelessness provide the most opportunity for the identification of these situations. After having identified 23 formal Statelessness Determination Procedures (‘SDP’) adopted as of 2020 from 23 countries, it is conclusive that these norms presume the applicant is foreign. However, eight countries have been mapped with safeguards in their SDP norms recognising the possibility that there could be identified applicants who may be nationals and what to do in cases of doubt. These safeguards are adopted by four countries in the Americas (Costa Rica, Panama, Paraguay and Argentina) and four countries in Europe (Georgia, Moldova, Ukraine and Turkey). These constitute good practices that should be taken into consideration by further SDP norms adopted in the future, modifications of current SDP norms and statistics. This issue constitutes a ‘red flag’ for raising awareness of discriminatory state policies that assume stateless applicants are foreign and should receive second-class citizenship (naturalization), rather than refer the case to the corresponding national civil registry authorities and facilitate the access to nationality. The objective of this article has not yet been analysed by doctrine or the United Nations High Commissioner for Refugees.</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## TP v Minister of Home Affairs (Sentence No 9140, 22 April 2014) (Tribunal of Rome) 2021-07-28T00:01:41+10:00 Paolo Farci <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Judgment No 335-13-JP (12 August 2020) (Constitutional Court of Ecuador) 2021-07-28T00:01:41+10:00 Ana María Moreno-Sáchica <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Germany v XT (CJEU, 2021) 2021-07-28T00:01:41+10:00 Cynthia Orchard <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Towards a Stateless Standpoint Epistemology 2021-07-28T09:40:18+10:00 Haqqi Bahram <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Statelessness and COVID-19 2021-07-28T09:50:32+10:00 Jamie Liew <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## COVID-19 and the Bidoon in Kuwait 2021-07-28T00:01:41+10:00 Areej Alshammiry <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Reaching Stateless, Undocumented and Migrant Communities during the COVID-19 Pandemic 2021-07-28T11:39:04+10:00 Mary Anne K Baltazar Amanda R Cheong <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Access to Abortion for Undocumented Persons during the COVID-19 Pandemic 2021-07-28T00:01:42+10:00 Frédérique Chabot <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## COVID-19 in Cox's Bazar 2021-07-28T00:01:42+10:00 Yuriko Cowper-Smith Saifullah Muhammad <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Surviving Overlapping Precarity in a 'Gigantic Hellhole' 2021-07-28T00:01:42+10:00 Yvonne Su Tyler Valiquette Yuriko on Cowper-Smith <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## Statelessness: A Modern History by Mira L Siegelberg (Harvard University Press) 2021-07-28T19:04:56+10:00 Natalie Brinham <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement## When States Take Rights Back: Citizenship Revocation and Its Discontents Edited by Émilien Fargues, Elke Winter and Matthew J Gibney (Routledge) 2021-07-28T00:01:42+10:00 Louise Tiessen <p>N/A</p> 2021-07-28T00:00:00+10:00 ##submission.copyrightStatement##