The departure of ‘foreign fighters’ to join terrorist groups in armed conflicts abroad has led many countries to adopt a policy of citizenship deprivation. This paper demonstrates that citizenship deprivation measures do not have the desired effect for national security, while increasing the risk of statelessness for the children of ‘foreign fighters’. Citizenship deprivation laws in Australia, Austria, Belgium, Canada, Denmark, Germany, France, the Netherlands and the UK and the Netherlands are discussed, in order to view them against international obligations. It concludes that current citizenship deprivation measures are mostly problematic regarding the prohibition of arbitrary citizenship deprivation, the principle of non-discrimination and relevant children’s rights.
{"title":"Children at Risk of Statelessness in the Fight against Terrorism","authors":"Lavinia Spieß, Louise Pyne-Jones","doi":"10.35715/scr4001113","DOIUrl":"https://doi.org/10.35715/scr4001113","url":null,"abstract":"The departure of ‘foreign fighters’ to join terrorist groups in armed conflicts abroad has led many countries to adopt a policy of citizenship deprivation. This paper demonstrates that citizenship deprivation measures do not have the desired effect for national security, while increasing the risk of statelessness for the children of ‘foreign fighters’. Citizenship deprivation laws in Australia, Austria, Belgium, Canada, Denmark, Germany, France, the Netherlands and the UK and the Netherlands are discussed, in order to view them against international obligations. It concludes that current citizenship deprivation measures are mostly problematic regarding the prohibition of arbitrary citizenship deprivation, the principle of non-discrimination and relevant children’s rights.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"14 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132454776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Identity and Minority Statelessness in Cambodia","authors":"","doi":"10.35715/scr3002115","DOIUrl":"https://doi.org/10.35715/scr3002115","url":null,"abstract":"","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123846099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores the ways in which contemporary Swedish migration politics are manifested and performed in relation to stateless Palestinians. A qualitative case study shows how the migration regime of Sweden aggravates conditions of statelessness through managerial aspects of categorisations, temporalities, passivisation and spatialities. The article illustrates how securitised migration politics are detrimental to how statelessness is lived and experienced but also that stateless migrants actively engage with this regime in order to resist, protest and achieve change. Using counter-conduct as a prism through which to analyse migrant resistance, the article further explores how stateless migrants do not passively submit themselves to the outcome of penalising regimes, but struggle for a right of presence.
{"title":"Refusing Refusal","authors":"H. Lindholm","doi":"10.35715/scr3002.111","DOIUrl":"https://doi.org/10.35715/scr3002.111","url":null,"abstract":"This article explores the ways in which contemporary Swedish migration politics are manifested and performed in relation to stateless Palestinians. A qualitative case study shows how the migration regime of Sweden aggravates conditions of statelessness through managerial aspects of categorisations, temporalities, passivisation and spatialities. The article illustrates how securitised migration politics are detrimental to how statelessness is lived and experienced but also that stateless migrants actively engage with this regime in order to resist, protest and achieve change. Using counter-conduct as a prism through which to analyse migrant resistance, the article further explores how stateless migrants do not passively submit themselves to the outcome of penalising regimes, but struggle for a right of presence.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134177884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores the relationship between statelessness and refugeeness over time and space. It does so by drawing on how Palestinian refugees from Syria in Sweden navigate the various stateless and refugee labels imposed upon them before, during and after their flight from Syria to Sweden. Standpoint theory was deployed as the basis for understanding how this group of stateless refugees related to these labels. While the research found that, even though the labelling process was largely non-participatory, both as a manifestation for epistemic agency and a vehicle for epistemic justice in statelessness and refugee research, standpoint theory has offered an indispensable lens through which we have accessed the multiple strategies that the interviewees adopted to accept, reject, resist or negotiate their re/de-labelling throughout their journey.
{"title":"'I Must Be from Somewhere. I'm Not from the Moon'","authors":"J. Tucker, H. Bahram","doi":"10.35715/scr3002.114","DOIUrl":"https://doi.org/10.35715/scr3002.114","url":null,"abstract":"This article explores the relationship between statelessness and refugeeness over time and space. It does so by drawing on how Palestinian refugees from Syria in Sweden navigate the various stateless and refugee labels imposed upon them before, during and after their flight from Syria to Sweden. Standpoint theory was deployed as the basis for understanding how this group of stateless refugees related to these labels. While the research found that, even though the labelling process was largely non-participatory, both as a manifestation for epistemic agency and a vehicle for epistemic justice in statelessness and refugee research, standpoint theory has offered an indispensable lens through which we have accessed the multiple strategies that the interviewees adopted to accept, reject, resist or negotiate their re/de-labelling throughout their journey.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128986415","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Identity, Race and Belonging in the Dominican Republic: From Citizen to Foreigner by Eve Hayes De Kalaf","authors":"","doi":"10.35715/scr3002118","DOIUrl":"https://doi.org/10.35715/scr3002118","url":null,"abstract":"","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126457747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Statelessness and Contemporary Enslavement by Jane Anna Gordon","authors":"","doi":"10.35715/scr3002116","DOIUrl":"https://doi.org/10.35715/scr3002116","url":null,"abstract":"","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114163629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Article 14(1)(b) of the Federal Constitution of Malaysia, when read together with sch II pt II s 1(e), theoretically acts as a safety net for Malaysian-born persons by conferring citizenship upon those who would otherwise be stateless. In practice, however, these provisions have been interpreted as imposing a dual jus soli/jus sanguinis requirement that must be satisfied before citizenship can be granted. Consequently, many persons prima facie entitled to Malaysian citizenship by operation of law are deprived of their entitlement. This article explores the possibility of adopting the Nottebohm (Liechtenstein v Guatemala) ‘genuine and effective link’ principle as a supplementary element of the s 1(e) citizenship test. Support for adoption is derived from the Parliament of Malaysia’s intent throughout the history of amendments to the citizenship provisions in the Constitution. The article further considers the plausibility of a direct legal transplantation of the principle into Malaysian law, drawing upon various sources including international law and English common law.
{"title":"Tanah Tumpahnya Darahku","authors":"K. Tan","doi":"10.35715/scr3002.113","DOIUrl":"https://doi.org/10.35715/scr3002.113","url":null,"abstract":"Article 14(1)(b) of the Federal Constitution of Malaysia, when read together with sch II pt II s 1(e), theoretically acts as a safety net for Malaysian-born persons by conferring citizenship upon those who would otherwise be stateless. In practice, however, these provisions have been interpreted as imposing a dual jus soli/jus sanguinis requirement that must be satisfied before citizenship can be granted. Consequently, many persons prima facie entitled to Malaysian citizenship by operation of law are deprived of their entitlement. This article explores the possibility of adopting the Nottebohm (Liechtenstein v Guatemala) ‘genuine and effective link’ principle as a supplementary element of the s 1(e) citizenship test. Support for adoption is derived from the Parliament of Malaysia’s intent throughout the history of amendments to the citizenship provisions in the Constitution. The article further considers the plausibility of a direct legal transplantation of the principle into Malaysian law, drawing upon various sources including international law and English common law.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129513633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Several low-lying island states currently risk the loss of their entire territory before the end of the century. Combined with the inadequacy of the existing framework of international refugee law to address the challenges faced by those displaced, this situation has made the law on statelessness an interesting candidate for securing an alternative path to obtaining a legal status in a post-relocation context. However, while several authors have examined this possibility, the majority conclude that it fails in its putative task by providing too little, and by coming into play too late to be of any significant relevance to the situation of environmentally displaced persons in low-lying island states. This article challenges this narrative by re-examining the relevance of the law on statelessness along with the context within which it might have to play a role.
{"title":"Sea Level Rise and Climate Statelessness","authors":"Michel Rouleau-Dick","doi":"10.35715/scr3002.112","DOIUrl":"https://doi.org/10.35715/scr3002.112","url":null,"abstract":"Several low-lying island states currently risk the loss of their entire territory before the end of the century. Combined with the inadequacy of the existing framework of international refugee law to address the challenges faced by those displaced, this situation has made the law on statelessness an interesting candidate for securing an alternative path to obtaining a legal status in a post-relocation context. However, while several authors have examined this possibility, the majority conclude that it fails in its putative task by providing too little, and by coming into play too late to be of any significant relevance to the situation of environmentally displaced persons in low-lying island states. This article challenges this narrative by re-examining the relevance of the law on statelessness along with the context within which it might have to play a role.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"293 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115540051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Statelessness, Governance, and the Problem of Citizenship, Edited by Tendayi Bloom and Lindsey N Kingston","authors":"","doi":"10.35715/scr3002117","DOIUrl":"https://doi.org/10.35715/scr3002117","url":null,"abstract":"","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114671431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The 2020 Chisuse case of the Constitutional Court of South Africa comes at a crucial moment in South Africa’s post-apartheid trajectory where the circle of citizenship is ‘shrinking’ The Constitutional Court decided in favour of four of the five foreign-born applicants, all children with one citizen parent, who had sought an order to be registered as citizens by the relevant government department, the Department of Home Affairs (DHA). The applicants argued that the DHA’s interpretation of the amended citizenship law violated their constitutional rights. Not deciding the matter on a constitutional basis, the Constitutional Court creatively and authoritatively interpreted the statutory regime in favour of the applicants. An example of the Court’s important national role in upholding a human rights-based vision of South African citizenship against persistent and potentially growing bureaucratic opposition, Chisuse also displays an interpretive approach both mindful of the risks of child statelessness and supportive of the place of civil birth registration in the global provision of legal identity for all.
{"title":"The South African Constitutional Court Decides Against Statelessness and In Favour of Children: Chisuse v Director-General, Department of Home Affairs [2020] ZACC 20","authors":"Mihloti Basil Sherinda, J. Klaaren","doi":"10.31219/osf.io/y3r6p","DOIUrl":"https://doi.org/10.31219/osf.io/y3r6p","url":null,"abstract":"The 2020 Chisuse case of the Constitutional Court of South Africa comes at a crucial moment in South Africa’s post-apartheid trajectory where the circle of citizenship is ‘shrinking’ The Constitutional Court decided in favour of four of the five foreign-born applicants, all children with one citizen parent, who had sought an order to be registered as citizens by the relevant government department, the Department of Home Affairs (DHA). The applicants argued that the DHA’s interpretation of the amended citizenship law violated their constitutional rights. Not deciding the matter on a constitutional basis, the Constitutional Court creatively and authoritatively interpreted the statutory regime in favour of the applicants. An example of the Court’s important national role in upholding a human rights-based vision of South African citizenship against persistent and potentially growing bureaucratic opposition, Chisuse also displays an interpretive approach both mindful of the risks of child statelessness and supportive of the place of civil birth registration in the global provision of legal identity for all.","PeriodicalId":314133,"journal":{"name":"Statelessness & Citizenship Review","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125106109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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