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Dated April 2016. Print and web pdfs are available at https://www.gov.uk/government/publications Web ISBN=9781474131148
Dated April 2016. A TSO version of a title previously published by HM Government.
'In our supposedly borderless world, having a nationality, and thus access to documents which permit travel and proof of identity, has become increasingly important. In many parts of the world, including the cases in Europe, Africa and Asia covered in this collection, large groups of people struggle with forms of de facto or de jure statelessness. In addition to providing a conceptual framework derived from international human rights norms for understanding better the phenomenon of statelessness, this collection presents important empirical research material helping us to understand, from the ground up, how statelessness is experienced.' Jo Shaw, University of Edinburgh, UK 'What difference does citizenship make? The vulnerability of stateless persons clearly demonstrates the benefits of having a nationality. But so far nobody has examined how much the situation of stateless persons improves when they finally get documents and citizenship status. This exploratory study analyses practical difficulties and real progress in overcoming statelessness. It gives voice to the victims and sets a political agenda. Academic researchers, non-governmental organizations and policy-makers should read this book.' Rainer Bauböck, European University Institute, Florence, Italy 'Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.' Linda K. Kerber, University of Iowa, US The United Nations High Commissioner for Refugees estimates that there are more than 12 million stateless people in the world. The existence of stateless populations challenges some central tenets of international law and contemporary human rights discourses, yet only a very small number of states have made measurable progress in helping individuals acquire or regain citizenship. This fascinating study examines positive developments in eight countries and pinpoints the benefits of citizenship now enjoyed by formerly stateless persons. The expert contributors present an original comparative study that draws upon legal and political analysis as well as empirical research (incorporating over 120 interviews conducted in eight countries), and features the documentary photography of Greg Constantine. The benefits of citizenship over statelessness are identified at both community and individual level, and include the fundamental right to enjoy a nationality, to obtain identification documents, to be represented politically, to access the formal labor market and to move about freely. Gaining or reacquiring citizenship helps eliminate isolation and solicits the empowerment of individuals, collectively and personally. Such changes are of considerable importance to the advancement of a human rights regime based on dignity and respect. This highly original and thought-provoking book will strongly appeal to a wide-ranging audience including academics, researchers, students, human rights activists and government officials with an interest in a diverse range of fields encompassing law, international studies, public policy, human rights and citizenship.
This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
In Contingent citizenship, Sandra Mantu examines the changing rules of citizenship deprivation in the UK, France and Germany from the perspective of international and European legal standards. In practice, two grounds upon which loss of citizenship takes place stand out: fraud in the context of fraudulent acquisition of nationality and terrorism in the context of national security. Newly naturalised citizens and citizens of immigrant origin are mainly targeted by these measures. The resurrection of the importance attached to loyalty as the citizen’s main duty towards his/her state shows that the rules on loss of citizenship are capable of expressing ideals of membership and identity, while the citizenship status of certain citizens remains contingent upon meeting these ideals.
What does it mean to be a citizen? In depth research with a stateless population in Bangladesh has revealed that, despite liberal theory’s reductive vision, the limits of political community are not set in stone. The Urdu-speaking population in Bangladesh exemplify some of the key problems facing uprooted populations and their experience provides insights into the long term unintended consequences of major historical events. Set in a site of camp and non-camp based displacement, it illustrates the nuances of political identity and lived spaces of statelessness that Western political theory has too long hidden from view. Using Bangladesh as a case study, Statelessness and Citizenship: Camps and the creation of political space argues that the crude binary oppositions of statelessness and citizenship are no longer relevant. Access to and understandings of citizenship are not just jurally but socially, spatially and temporally produced. Unpicking Agamben’s distinction between ‘political beings’ and ‘bare life’, the book considers experiences of citizenship through the camp as a social form. The camps of Bangladesh do not function as bounded physical or conceptual spaces in which denationalized groups are altogether divorced from the polity. Instead, citizenship is claimed at the level of everyday life, as the moments in which formal status is transgressed. Moreover, once in possession of ‘formal status’ internal borders within the nation-state render ‘rights-bearing citizens’ effectively ‘stateless’, and the experience of ‘citizens’ is very often equally uneven. While ‘statelessness’ may function as a cold instrument of exclusion, certainly, it is neither fixed nor static; just as citizenship is neither as stable nor benign as the dichotomy would suggest. Using these insights, the book develops the concept of ‘political space’ – an analysis of the way history and space inform the identities and political subjectivity available to people. In doing so, it provides an analytic approach of relevance to wider problems of displacement, citizenship and ethnic relations. Shortlisted for this year’s BSA Philip Abrams Memorial Prize.
Introduction -- Africa -- Americas -- Asia and the Pacific -- Europe -- Middle East and North Africa (MENA) -- Introduction -- The right of every child to a nationality -- Migration, displacement and childhood statelessness -- The sustainable development agenda and childhood statelessness -- Safeguards against childhood statelessness -- Litigation and legal assistance to address childhood statelessness -- Mobilising to address childhood statelessness
International refugee law anticipates state conduct in relation to nationality, statelessness, and protection. Refugee status under the Convention relating to the Status of Refugees 1951 and regional and domestic instruments referring to it can be fully understood only against the background of international laws regarding nationality, statelessness, and the consequences of national status or the lack of it. In this significant addition to the literature a leading practitioner in these fields examines, in the light of international law, key issues regarding refugee status including identification of 'the country of his nationality', concepts of 'effective nationality', and the inclusion within 'persecution' of a range of acts or omissions focused on nationality.