Document Abstract
Published:
2009
Statelessness and the benefits of citizenship: a comparative study
How can statelessness be addressed?
Sixty years after the international community embedded the right to nationality in the human rights architecture, approximately twelve million people around the world remain stateless. What are the hurdles to overcoming statelessness and how has citizenship made a qualitative difference in the lives of formerly excluded groups? This document examines these issues and examines the barriers that still prevent individuals from the full enjoyment of citizenship.
Statelessness, due to its complexities needs an analytical approach that recognises transnational intricacies and reproduction of national identities. While statelessness may sometimes be associated with migration, displacement, population growth, trafficking, and climate change, it is sustained by the absence of the rule of law by weak and undemocratic governance. This study examines the attempts of Kenya, Kuwait, Slovenia, Sri Lanka, and Ukraine to address statelessness persons' plight. There were both successes and difficulties:
This study does illustrate that the granting of citizenship offers some very real and important material and non-material benefits at individual levels. In general terms, one may state that the benefits of citizenship include the fundamental right to enjoy a nationality; to obtain identification documents; the right to be represented politically, to access the labour market beyond the informal sector or underground economy; and to move about freely. The document suggests stateless people are not the only beneficiaries when statelessness ends. Arguably, states may also gain greater legitimacy and improved standing in the international community: the resolution of the Crimean Tatar situation and the fate of the erased in Slovenia have both been central to discussions between the European Union, Council of Europe and the governments of Ukraine and Slovenia, respectively.
Statelessness, due to its complexities needs an analytical approach that recognises transnational intricacies and reproduction of national identities. While statelessness may sometimes be associated with migration, displacement, population growth, trafficking, and climate change, it is sustained by the absence of the rule of law by weak and undemocratic governance. This study examines the attempts of Kenya, Kuwait, Slovenia, Sri Lanka, and Ukraine to address statelessness persons' plight. There were both successes and difficulties:
- access to the labour market improved most starkly in Kenya where individuals went from not having worked because they were stateless to finding employment in the government sector. In Sri Lanka and Slovenia, former stateless people enjoyed more benefits in regard to internal and international travel.
- poor living conditions were highlighted in the cases of Kenya, Sri Lanka, Slovenia, and Ukraine and in only two situations, Slovenia and also Ukraine, had positive experiences with the acquisition of property.
- systemic problems of underdevelopment and corruption seemed universal problems and undermined the potential benefit of citizenship. Many excluded people remain without basic services. This was particularly acute in poor states such as Kenya and Sri Lanka and also in the Republic of Crimea in Ukraine.
This study does illustrate that the granting of citizenship offers some very real and important material and non-material benefits at individual levels. In general terms, one may state that the benefits of citizenship include the fundamental right to enjoy a nationality; to obtain identification documents; the right to be represented politically, to access the labour market beyond the informal sector or underground economy; and to move about freely. The document suggests stateless people are not the only beneficiaries when statelessness ends. Arguably, states may also gain greater legitimacy and improved standing in the international community: the resolution of the Crimean Tatar situation and the fate of the erased in Slovenia have both been central to discussions between the European Union, Council of Europe and the governments of Ukraine and Slovenia, respectively.
