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1. 'I Don't Know What Tomorrow will Bring': Understanding COVID-19’s Impact on the United States’ Stateless Population

Author:
Ashley Walters, Taryn Painter, and Heidi Meyers
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In March 2020, COVID-19 was declared by the World Health Organisation (‘WHO’) as a global pandemic. Since the WHO’s declaration, it has become increasingly clear that the most vulnerable communities have experienced the brunt of the pandemic. Though race, ethnicity and economic status are considered in a majority of reports on the social, physical and financial impacts of COVID-19, there is little to no information on the impact of COVID-19 on stateless communities within the United States (‘US’). This research endeavours to add to the understanding of statelessness in the US by determining the impacts of COVID-19 on stateless people in the US through a survey scoping project. Through anonymous questionnaires completed by stateless individuals (n=19) in the United States, this study explores how stateless individuals have been impacted by the pandemic, including experiencing economic hardships, mental health challenges, physical health concerns and issues with documentation and legal status.
Topic:
Health, Economy, Mental Health, Pandemic, COVID-19, Stateless Population, Vulnerability, Legal Status, and Documentation
Political Geography:
North America and United States of America

2. Responding to Netflix's Stateless Series: Misrecognition and Missed Opportunities

Author:
Lindsey N. Kingston
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The six episode Netflix series, Stateless, represents a missed opportunity to engage in vital public framing of statelessness. Rather than focusing on the lack of legal nationality, the series falsely equates statelessness with other rights issues central to migration detention. In this collaborative work between a stateless activist and an academic researcher, the authors use Stateless as a starting point for a broader conversation about words, definitions and representation. First, statelessness has partially emerged on the international human rights agenda, yet film and television attention could further foster mainstream understanding of this oft-ignored issue. Second, a critical assessment of the Stateless series highlights how it does (and mostly does not) engage with the issue of statelessness. Third, reflections and recommendations relate to why the series’ title is so problematic, what the media can learn from stateless people and what this conversation means for advocacy.
Topic:
Mass Media, Social Media, Advocacy, and Stateless Population
Political Geography:
Global Focus

3. The Racialised Non-Being of Non-Citizens: Slaves, Migrants and the Stateless

Author:
Samuel Martinez
Publication Date:
08-2023
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Proponents of barring the children of undocumented immigrants from birthright citizenship allege that the United States (‘US’) Constitution’s 14th Amendment was intended to give full citizenship to former slaves and their progeny, and not to benefit the children of foreign-born people. A real-world example that illustrates the dangers of so restricting birthright citizenship is the Dominican Republic, where legal measures have already excluded the children of out-of-status immigrants (who are mostly of Haitian ancestry) from eligibility for birthright citizenship. The effect of this has not been ethnically cleansing Haitian descendants from the Dominican Republic so much as confining them within the country as a stateless underclass of people. The Dominican case therefore shows that US opponents of birthright citizenship for the children of out-of-status non-citizens must answer to the danger that their proposal would create a legally approved hereditary underclass on US soil, more than a century after the abolition of chattel slavery.
Topic:
Migration, Slavery, Stateless Population, and Systemic Racism
Political Geography:
Global Focus

4. Protecting Australian Protected Persons

Author:
Savitri Taylor and Jodie Boyd
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
This article examines the changing concepts of racialised citizenship in two intertwined nations: the Independent State of Papua New Guinea (‘PNG’) and the Commonwealth of Australia (‘Australia’), PNG’s former colonial ruler, as the latter sought to shake off the legacies of its recently abandoned ‘White Australia’ policy. It examines the historical intersection between PNG’s developing citizenship criteria, with its racialised articulation of who was ‘in’ and who was ‘out’, and Australia’s efforts to recast its image on the international stage as a multi-racial, non-racist and anti-imperial nation. Specifically, it demonstrates how the intersection of these policy choices impacted on a particular cohort of so-called ‘Australian Protected Persons’ (‘APPs’). APPs who happened also to fall outside PNG’s citizenship criteria were left stateless at PNG’s independence. Drawing on newly released Australian archival material, this article casts light on the particular historical moment that allowed for this outcome.
Topic:
Regional Cooperation, Citizenship, Independence, Protected People, and Stateless Population
Political Geography:
Australia and Papua New Guinea

5. A Typology of Statelessness

Author:
Benedikt Buechel
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Although statelessness within the modern state system has many facets, there has not been any attempt to work out a formal typology. When conceptualising statelessness in singular terms, theorists miss something important: they fail to capture the full moral scope of statelessness. This article addresses this shortcoming. It is divided into four parts. First, I will show how statelessness is categorised under the UN’s framework. Second, I will turn to legal and social theory to argue that statelessness can be best understood through the two concepts of responsibility and recognition. Third, I will identify three different subtypes of statelessness. They derive from the source of nationality deprivation and include voluntary statelessness, structural statelessness and denigrative statelessness. Finally, I will offer some concluding remarks.
Topic:
International Cooperation, Nationalism, United Nations, and Stateless Population
Political Geography:
Global Focus

6. Beyond Statelessness: 'Unchilding' and the Health of Palestinian Children in Jerusalem

Author:
Osama Tanous, Bram Wispelwey, and Rania Muhareb
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Understanding the key determinants of health of Palestinian children in occupied East Jerusalem is enhanced by analyzing Jerusalem as a settler colonial frontier. Structural racism, prolonged occupation, and settler colonialism shape the social and political determinants of health in Jerusalem, generating ill health and insecurity for Palestinian children who are rendered stateless in their own city. They are “unchilded” and, in fact, treated like enemies of the settler state. Colonial violence penetrates their family stability, homes, classrooms, and targets their bodies and health. In providing a thorough analysis of the lived experience of indigenous Palestinian children in Jerusalem, a broadened understanding of the effects of statelessness on their health can begin to take shape.
Topic:
Health, Territorial Disputes, Children, Citizenship, Displacement, and Stateless Population
Political Geography:
Middle East, Israel, and Palestine

7. Undocumented Children in Iran

Author:
Zahra Abtahi, Keyvan Zamani, and Miriam Potocky
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Children are among the most vulnerable groups to suffer the consequences of a lack of documentation. A lack of legal documentation identifying citizenship precludes children from rights and privileges accorded to their documented peers. While a lack of documentation is usuallythe result ofimmigrants or asylum seekers enteringanother country without legal documentation or not renewingtheir visas after entry, it may also occur when a female national of a country cannot pass her nationality to her child because she is married to a non-national without valid documentation. According to the United Nations High Commissioner for Refugees, as of March 2021, equality between men and women relating totheconferral of nationality upon children has not yet been attained in 25 countries worldwide, including Iran.1Thiscommentaryaims to provide brief explanationsof the legal procedures regarding nationality in Iran, the different undocumented groupsandthelegal advocacy to address the issue of lack of documentation, in light of new progress addressingthe inequality in conferring nationality between men and women.
Topic:
Law, Children, Stateless Population, and Undocumented Population
Political Geography:
Iran and Middle East

8. Comment on the Zhao Case: Can a ‘Victory for Human Rights’ in the Netherlands Benefit Children at Risk of Statelessness in the Middle East and North Africa?

Author:
Thomas McGee and Yoana Kuzmova
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Zhao establishes a significant precedent, but it remains to be seen how easily the outcome can be translated into victories elsewhere. In practical terms, the universal application of the decision may be hampered by the limitations of the legal and institutional landscape in the MENA.This issueneeds to be pushed to challenge violations of the same right:a nationality forall children,at birth,everywhere in the world.
Topic:
Human Rights, Law, Citizenship, and Stateless Population
Political Geography:
Africa, Middle East, and MENA

9. Statelessness and Young Children

Author:
Aisha K Yousafzai, Joan Lombardi, Erum Mariam, Tina Hyder, and Zarlasht Halaimzai
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
All children deserve to be born with a nationality and identity that protects their rights. Unfortunately, at least 70,000 childrenwho areborn in the 20 major reported non-refugee stateless situations are unable to acquire any nationalityeach year.1These numbers mask the reality that many more children are impacted by conditions that render them effectively stateless(ie, individuals who have a legal nationality, a stateto whichthey can turn, but no documentation of birth)—a term this commentaryhas adopted.2Statelessnessin these contextsstemsfrom a range of conditions including, among others, alack of birth registration, displacement from place of birth or the denial ofthe right to a national identitywheretheparents have a different nationalityfrom the place of birth. The number of young children affected by these, and related,conditions is alarming. For example, the United Nations Children’s Fund (‘UNICEF’) reports that one out of four children who are less than five years of age ‘donot officially exist’ because their births have never been officially recorded
Topic:
United Nations, Children, Displacement, Identity, and Stateless Population
Political Geography:
Global Focus

10. R (Begum) v Special Immigration Appeals Commission; R (Begum) v Secretary of State for the Home Department; Begum v Secretary of State for the Home Department [2021] UKSC 7, [2021] AC 765

Author:
Eric Fripp
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The decision of the Supreme Court represents yet another prompt to reflection asto the very wide provision for deprivation of British citizenship bytheSSHD undertheBNA 1981s 40(2). By making clear the paucity of domestic law restraints upon the SSHD, the decision may ultimately have the effect of moving attention to the question—which the Supreme Court did not address —of whether domestic law safeguards, if not reformed, might be found so insufficient as to fall short of the international law norm prohibiting arbitrary deprivation of nationality, which the European Court of Human Rights in recent cases has been willing to find applicable through the broader art 8 ECHRrights. That question looms over the future but will,for the moment,remain unresolved. It also raises important questions concerning the absence of protection from serious harms which may, given the technical nature of the statelessness definition, not be alleviated by protection from statelessness, and leaves to be resolved on the facts of future cases important issues of child law, including the international human rights protections of the CRC89.
Topic:
Law, Children, Citizenship, Courts, and Stateless Population
Political Geography:
United Kingdom and Europe