Peter McMullin Centre on Statelessness | Newsletter, February 2022

Newsletter | February 2022

Welcome to the Peter McMullin Centre on Statelessness' first newsletter for 2022. We are pleased to once again share with you our current activities, publications and opportunities, as well as relevant news and developments across the world.

Statelessness Intensive Course 2022

From 16 - 22 February, the Peter McMullin Centre held its annual Statelessness Intensive Course online for the second time. As in previous years, the course was a great success and we continue to be impressed by the quality and diversity of our participant group. This year's cohort comprised participants located in 15 different countries, and from varying professional backgrounds, including academia, government, law, human rights organisations, NGOs and the UNHCR.

Some excellent connections were made during the course and we look forward to seeing some fruitful partnerships arise from these going forward.

We would like to thank our wonderful participants and brilliant guest presenters who contributed to the success of the course.

Staffing News

This month we were pleased to welcome three new PhD students to the Peter McMullin Centre Team.

Sumedha Choudhury is a PhD candidate at the Peter McMullin Centre and a member of the Institute of International Law and the Humanities (IILAH). Her doctoral thesis focuses on the issue of statelessness in the context of postcolonial states (with a primary focus on India). She has previously worked with the United Nations High Commissioner for Refugees (UNHCR), India in the Refugee Status Determination (RSD) Unit. Sumedha holds an MSc in Refugee and Forced Migration Studies from the Refugee Studies Centre, University of Oxford and an LLM with a specialisation in International Law from South Asian University.

Andrea Marilyn Pragashini Immanuel (B.A.B.L. (Honours) School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University and LLM Utrecht University) is undertaking research on nationality and statelessness in armed conflict. Before joining the Centre, Andrea was an Assistant Professor of Legal Practice at Jindal Global Law School (JGLS), O.P. Jindal Global University, India. She is a Visiting Fellow of the Centre for International Legal Studies, JGLS and a Research Fellow of the Centre for Public Interest Law, JGLS. In JGLS, she researched widely on nationality and statelessness in South Asia. Andrea has also worked as a Refugee Status Determination (RSD) Assistant and Protection Associate in the UNHCR, India.

Bongkot Napaumporn comes to us from the UNHCR's Regional Bureau for Asia and the Pacific in Bangkok. She was an advocate at the Thammasat University’s legal clinic that worked closely with civil societies and communities of stateless and displaced persons in Thailand. Bongkot was involved in key law and policy reforms of Thailand which aimed at improving stateless people’s legal status and access to human rights and promoting their well-being and inclusion in society.

For the last 16 years, Bongkot's work has been dedicated to the prevention and reduction of statelessness and the protection of stateless persons who mostly are in protracted situations in South-East Asia. She has a keen interest in statelessness in a migratory context, with her current research focusing on the human agency of stateless migrants from Thailand in Japan. It analyses how their situations have a direct and indirect impact on state policies and relations relating to addressing statelessness.

Critical Statelessness Studies Blog

In the latest contribution to the CSS Blog -

Statelessness statistics and IROSS: The UN Statistical Commission grapples with definitions

In this blog, Bronwen Manby, Visiting Senior Fellow at the Firoz Lalji Institute for Africa, London School of Economics and Political Science, explores the history of statistical data on statelessness and the ongoing process to develop International Recommendations on Statelessness Statistics (IROSS). What definitions and data should IROSS use to decide who is stateless? And when might an emphasis on statistical data not be the best use of resources? Read the full piece.

Transforming Gender Discriminatory Legal Frameworks: Reflecting on Transitional Justice as a Site for Combating Statelessness in Syria

Considering Syria as a case study, Roua Al Taweel, PhD researcher at Ulster University’s Transitional Justice Institute (TJI), examines statelessness as both a conflict-induced harm, and one facilitated by the existing gendered legal framework. She argues for transitional justice as a framework and a political opportunity to end the vicious cycle of statelessness and redress its detrimental intergenerational political and socio-economic implications. Read the full piece.

Statelessness & Citizenship Review

Volume 3(2) of the Statelessness and Citizenship Review (SCR) was published on 16 December 2021, comprising four articles, one critique and comment, and three book reviews.

The SCR is accepting general submissions for Volume 4(2), to be published in December 2022.

As always, we invite submissions on statelessness and citizenship, and on any theme or context relating to citizenship and statelessness issues. We welcome submissions from any discipline and particularly encourage scholars and practitioners whose work is situated at the intersection of statelessness/citizenship studies and another field to consider responding to this call. We are also interested in receiving submissions for the Critique and Comment, Case Notes or Book Review sections of the SCR.

The deadline for submissions is 1 April 2022.

The Review is also accepting submissions for Volume 5(1), to be published in July 2023. The deadline for those submissions is 1 October 2022.

Visit SCR website

Peter McMullin Centre staff publications

Silverstein, Jordana, “Best Interests of the Child”, Australian Refugee Policy, and the (Im)possibilities of International Solidarity, Human Rights Review, 22 (2021)

New academic publications

If you've recently published work and would like it promoted in the newsletter, please contact Thomas McGee and Deirdre Brennan.

1. Abdulkadir, Maryam Idris. "The Role Of Law Clinics in the Fight Against Statelessness by the United Nations High Commissioner for Refugees (UNHCR) in Nigeria." International Journal of Clinical Legal Education 28, no. 2 (2021): 4-37

2. Alanezi, Nawaf, and A. Alrashidi. "Existing without living: a sociological perspective of Bedoons’ educational experience at Kuwait university." Diaspora, Indigenous, and Minority Education (2022): 1-17.

3. Benson, Michaela. "Hong Kongers and the coloniality of British citizenship from decolonisation to ‘Global Britain’." Current Sociology (2021).

4. Bonofer, Jacob Ashik. "Stateless among the refugees." The Routledge Handbook of Refugees in India (2022).

5. Chaudhury, Anasua Basu Ray, and Ambar Kumar Ghosh. "Ordeal of Statelessness in South Asia." In Internal Migration Within South Asia, pp. 51-68. Springer, Singapore, 2022.

6. Daher‐Nashif, Suhad. "In sickness and in health: The politics of public health and their implications during the COVID‐19 pandemic." Sociology Compass 16, no. 1 (2022).

7. Daswani, Kishu. "The Citizenship (Amendment) Act 2019, India: A Crisis of Statelessness." in Marszałek-Kawa, Joanna and Maria Ochwat [eds.] Problems, threats and challenges for peace and conflict resolution. Wydawnictwo Adam Marszałek, 2021.

8. Dawson, Grant, and Rachel Laut. "The Underpinnings of a Rights-Based Approach." in Dawson, Grant, and Rachel Laut [eds.] Humans on the Move: Integrating an Adaptive Approach with a Rights-based Approach to Climate Change Mobility. Brill Nijhoff, 2021.

9. de Lange, Yentl. "Understanding drivers of migration: a preliminary case study of Libyan Tuareg." The Journal of North African Studies (2022): 1-19.

10. Gunawan, Yordan, Ravenska Marchdiva Sienda, Rizaldy Anggriawan, and Andi Agus Salim. "The Rights to Nationality for Ex ISIS Combatants: Repatriation Under International Law." Jurnal Hubungan Internasional 10, no. 2 (2022): 25-37.

11. Jain, Neha. "Manufacturing Statelessness." American Journal of International Law: (2022) 1-178.

12. Kadiwal, Laila. "Feminists against Fascism: The Indian Female Muslim Protest in India." Education Sciences 11, no. 12 (2021): 793.

13. Kamal, Mesbah, and Mrittika Kamal. "Statelessness, Marginality and Influx of the Rohingyas: Impacts on Environment and Host Communities of Bangladesh." In Internal Migration Within South Asia, pp. 91-110. Springer, Singapore, 2022.

14. Keereepaibool, Sutthida, and Shirley Worland. "Life in Limbo: The Forgotten Refugee Children in the Realization of Their Human Rights." In The Palgrave Handbook of Global Social Problems, pp. 1-22. Cham: Springer International Publishing, 2021.

15. Kosnica, Ivan. "Deprivation of Citizenship Status in Croatia and Yugoslavia in the Aftermath of the Second World War." Journal on European History of Law 12, no. 2 (2021): 106-114.

16. Khabure, Sabina Beata. "A situation of statelessness in Kenya: Are the laws in place and government mitigating actions, sufficient in protecting the children of Nubian descent." (Thesis, Strathmore University Law School) 2021.

17. Lee, Andrew. "Defense Attorneys at a Dead End: Representing Stateless Terrorist Clients Detained Indefinitely." Geo. J. Legal Ethics 34 (2021): 1113.

18. Loganathan, Tharani, et al. "Education for non-citizen children in Malaysia during the COVID-19 pandemic: A qualitative study." PloS one 16, no. 12 (2021).

19. Loganathan, Tharani, Zhie X. Chan, Fikri Hassan, Zhen Ling Ong, and Hazreen Abdul Majid. "Undocumented: An examination of legal identity and education provision for children in Malaysia." Plos one 17, no. 2 (2022).

20. McBride, Kelly. "Durable Solutions for Stateless Persons in Egypt." (Thesis, American University in Cairo) 2021.

21. Mistry, Sabuj Kanti, et al. "Difficulties faced by older Rohingya (forcibly displaced Myanmar nationals) adults in accessing medical services amid the COVID-19 pandemic in Bangladesh." BMJ global health 6, no. 12 (2021)

22. Nagarale, Sonia B. "Traversing the Pathways of Citizenship: A Voyage of Contemporary Legal Regime of India." Indian JL & Just. 12 (2021): 132.

23. Nagarwal, Narender. "The Citizenship Amendment Act 2019: An Insight through Constitutional and Secularism Perspective." Journal of Asian and African Studies (2021).

24. Narnolia, Nitesh, and Naresh Kumar. "Rohingya refugees and Myanmar State, citizenship, and human rights." The Routledge Handbook of Refugees in India (2022).

25. Nungsari, Melati, Chuah Hui Yin, Nicole Fong, and Veena Pillai. "Understanding the impact of the COVID-19 outbreak on vulnerable populations in Malaysia through an ethical lens: A study of NGOs and organizations involved in aid distribution." Wellcome Open Research 6 (2021).

26. Painter, Taryn L. "Framing Statelessness: Influences of the Human-Interest Media Frame on Public Attitudes Towards Statelessness in the United States." Towson University Journal of International Affairs (2021): 25.

27. Sapra, Ipsita. "Stateless in India Institutionalizing Homegrown solutions." The Routledge Handbook of Refugees in India (2022).

28. Saxena, Chayanika. "Statelessness and the Indian state National belonging and the right of space." The Routledge Handbook of Refugees in India (2022).

29. Selvakumaran, Kanageswary Sanggitha, Tie Fatt Hee, and Jal Zabdi Mohd Yusoff. "The Need for a Legal Definition of Stateless Children in Malaysian National Law and Policy: The Perspective from International Human Rights Law." UUM Journal of Legal Studies (2022) 1.

30. Tusan, Michelle. "The Concentration Camp as Site of Refuge: The Rise of the Refugee Camp and the Great War in the Middle East." The Journal of Modern History 93, no. 4 (2021): 824-860.

31. Uddin, Nasir, ed. The Rohingya Crisis: Human Rights Issues, Policy Concerns and Burden Sharing. SAGE Publishing India, 2021.

Recent Statelessness Global News and Developments

Australia

The controversy surrounding tennis star Novak Djokovic's detention in Melbourne's Park Hotel in January brought attention to the plight of the more than 30 refugees also being held there, some of them for years, as well as on Australian immigration detention system more broadly. With the benefit of a powerful legal team behind him, Djokovic was freed from immigration detention within a week; though for hundreds of detainees, many of them stateless, across Australia's various detention centres, there is no resolution in sight.

Lebanon

The estimated 27,000 stateless people in Lebanon continue to suffer under antiquated citizenship laws which deny them basic rights and welfare. In addition to poverty, discrimination and lack of access to legal aid, Lebanon's stateless are forced to do whatever they can to scrape by amid an unprecedented economic meltdown that threatens to create a permanent underclass.

Malaysia

In thanking the Malaysian PM for his intervention last month into the case of Rohana Abdullah after her plight was highlighted in the media, the Stateless Children Family Support Group (SFSG) drew attention to the numerous longstanding cases of stateless children which have not been resolved. The SFSG’s statement called for the government to comply with international human rights standards, claiming that Malaysia has breached Article 7(1) of the United Nations’ Convention on the Rights of the Child.

Myanmar / Rohingya

An international case accusing Myanmar of genocide against the Rohingya returned to the United Nations’ highest court on 21 February amid questions over whether the country’s military rulers should even be allowed to represent the Southeast Asian nation. Four days of public hearings at the International Court of Justice began into Myanmar’s preliminary objections to the case that was brought by the African nation of Gambia, acting on behalf of an organization of Muslim nations that accuses Myanmar of genocide in its crackdown on the Rohingya.

The Philippines

In an unprecedented move initiated by the Philippine Supreme Court, the Philippines has actively made it easier and less expensive for stateless individuals and asylum seekers to acquire citizenship. This was made possible with the approval of an administrative measure called the Rule on Facilitated Naturalisation of Refugees and Stateless Persons whose beneficiaries include minors who have lost their parents and legal guardians.

Invasion of Ukraine and World Response

The Slovakian Ministry of the Interior has announced that all Ukrainians fleeing the war will be permitted to enter the country, including those who do not have a valid travel document. The announcement stated that “temporary refuge is provided for the purpose of protecting aliens from war, the consequences of a humanitarian catastrophe or a systematic or mass human rights violation in the country of which the alien is a national, or for a stateless person in his or her country of residence.” Other neighboring countries are also preparing for an influx of migrants from the Ukraine.

Ukrainian President Volodymyr Zelensky has announced that he is establishing an International Legion for foreigners willing to come and fight against Russia. This call is in line with the Regulations on Military Service in the Armed Forces by Foreigners and Stateless Persons, approved in 2016, which states that foreigners can volunteer for the Armed Forces of Ukraine and the Territorial Defense Forces. UK foreign secretary Liz Truss says she supports individuals from the UK who wish to join the legion.

United Arab Emirates

There is a growing population of undocumented children in the United Arab Emirates (UAE) who are unable to enrol in school, get health care or even claim nationality. Human rights activists estimate that thousands of children in the UAE, many of them born to migrant workers from Africa and Asia, are unregistered either because hospitals withheld documents (due to unpaid medical bills) or because the children were born out of wedlock.

The United States

Several dozen diplomats assigned to Afghanistan’s embassy in Washington and consulates in New York and Los Angeles are continuing their work despite having not been paid since October 2021, when American banks froze their accounts to prevent the Taliban from gaining access to the embassy’s funds. The envoys are keeping the embassy open, preserving the diplomatic status that allows them to remain in the United States. Should the embassy close before they are granted asylum or other legal residency, the diplomats could find themselves stateless and without work permits.