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The issue of protecting the rights of stateless persons remains relevant despite a number of international treaties aimed at preventing this negative legal phenomenon. The purpose of this article is to research and establish the peculiarities of the regulation of the legal status of stateless persons in the law of the European Union. The relevance of the chosen topic is due to the lack of comprehensive research and domestic science, as well as the need to study the legal standards of the European Union in the context of acquiring membership in this organization and the need to bring domestic legislation to the EU acquis. It has been established that the legal regime applied to stateless persons is close to that applied to persons who have the citizenship of third countries. At the same time, EU member states retain the right to determine the content of national citizenship, in particular, the grounds for acquisition and loss. However, this should take place taking into account their international obligations, as well as obligations related to EU membership, and be based on the principles of non-discrimination, legal certainty, ensuring gender equality, etc. Current EU regulations contain only minimum legal standards for the rights of stateless persons, which must be ensured by member states in their national legislation. It has been demonstrated that the lack of a single legislative approach to the definition of a stateless person among the EU member states can have negative consequences. Conclusions. The key practical problem in EU law today remains the need to introduce a single, unified for EU member states approach to determining a stateless person, as well as measures aimed at reducing cases of statelessness. Further development of EU law in this area should be aimed at convergence of the legislation of the member states in this area. [ABSTRACT FROM AUTHOR]

This article examines how the definition of statelessness is contested below the formal letter of the law in Malaysia. Analysing court cases, interviews with lawyers, and public discourse, I encounter a paradox: that stateless people in Malaysia are produced through juridical, bureaucratic, and discursive repudiations of their claims to statelessness. Adhering to “nation-statist logics,” Malaysian state actors commonly reject citizenship claimants’ assertions of being stateless by classifying them instead as foreigners, thus shunting responsibility for their inclusion elsewhere beyond Malaysian borders. These practices disproportionately burden minorities with racialized, migrant backgrounds with presumptions of having “potential citizenship” elsewhere, even if such links are tenuous or merely theoretical. By centering how stateless people articulate their belonging in the face of abject exclusion, and how categories of stateless and citizen are flexibly mobilized in legal, political, and social spheres, this article offers new avenues for critiquing the normativity of the contemporary nation-state system. [ABSTRACT FROM AUTHOR]

This paper presents a comprehensive analysis of India's Citizenship Amendment Act (CAA) of 2019, focusing on its origins, objectives, and far-reaching consequences, particularly concerning its alignment with the constitutional principles of secularism and equality. The CAA facilitates the acquisition of Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh, and Pakistan, explicitly excluding Muslims. This has sparked national and international debate over its potential to undermine the secular fabric of the Indian Constitution, particularly concerning Article 14, which guarantees equality before the law. Through a legal and constitutional lens, the paper critically examines the broader implications of the CAA on religious minorities, its intersection with the National Register of Citizens (NRC), and concerns about statelessness. Drawing on scholarly critiques, it explores the Act's impact on India's inclusive identity, the potential marginalization of minority communities, and the socio-political challenges posed by its implementation. The paper advocates for re-evaluating citizenship laws to align with India's democratic principles, ensuring social cohesion and protection of human rights. [ABSTRACT FROM AUTHOR]

Implementation gaps in the areas of naturalization and immigrant regularization emerge through a mismatch between the documents a residence country requires, and the documents that refugees and migrants can realistically provide. Those caught in this gap may live undocumented or risk statelessness. Residence countries can close such paperwork gaps by adapting legal interpretations and easing administrative requirements. When Colombia faced large-scale international displacement from Venezuela, state actors identified documentation-based implementation gaps in its nationality law and regularization procedures; they then took an innovative – yet not faultless – approach by adapting its citizenship and immigration regimes to accommodate displaced Venezuelans. These changes strengthened access to essential rights and increased the well-being of many. In this article, we develop the concepts of paperwork gaps and paper bridges and discuss the actors, impact, and limitations of Colombia's policy innovations in the areas of nationality by birth, naturalization, and regularization based on research conducted from 2020 to 2023. The study advances the literature on government learning regarding policies within citizenship and immigration regimes that target internationally displaced populations. [ABSTRACT FROM AUTHOR]

A new approach to statelessness has emerged in the literature on the topic. Taking citizenism as a starting point and pioneered by Swider and Bloom, this approach offers a completely fresh paradigm for studying and understanding the statelesseness phenomenon. In the contemporary global context where citizenships are deeply unequal and racialized, the focus on rights invites us to dismiss the baseless presumption that fighting statelessness is always in the interests of the populations concerned, let alone that it is directly connected to the protection of human and citizenship rights. It is the world's inequitable neo-feudal citizenism arrangement that is a problem, not the fact that some people do not fit neatly into the citizenism hierarchy and find themselves in a position of statelessness. Shedding light on the role of citizenship and statelessness in the world today as tools of preservation of racialized hierarchies and inequitable exclusion of most of the world's population from rights at home and abroad, the new scholarship questions the UN High Commissioner for Refugees's mission and actions in this domain and takes issue with the self-serving parochialism of dominant Western citizenship and statelessness literatures. [ABSTRACT FROM AUTHOR]

The present study was conducted to understand the essence of the lived experience of the stateless erstwhile enclave dwellers in India and Bangladesh who later chose Indian citizenship during land and population swap between the two countries as per Land Boundary Agreement (2015). The study is phenomenological in nature and studies the phenomenon of living in statelessness in the Enclaves for generations, their emotions during transition and their pollyannaism after getting citizenship. The researchers conducted unstructured open ended interviews among the erstwhile enclave dwellers who were bestowed Indian citizenship and are living in India. Samples were taken both from the enclave dwellers who have been living in their own place and not displaced during land and population swap as per Land and Boundary Agreement (LBA) 2015, between India and Bangladesh and also from the enclave dwellers who had to move to the Indian mainland and are living in Permanent Rehabilitation Clusters (PRCs) provided by the Indian Authorities. All the participants of the study were male and their real names have been replaced by the pseudo names. The enclave dwellers reflected that the decades and generations of suffering from statelessness, lawlessness, lack of schools, hospitals and other civic amenities has cost their education, mental and physical health, dignity and identity. Though all the erstwhile enclave dwellers reflect on the statelessness and express their emotion on getting citizenship in the same way, but the pollyannaism of enclave dwellers who were not displaced by LBA 2015 and living in the ancestral place and those who are living in the PRCs are quite different. [ABSTRACT FROM AUTHOR]

This article examines how the Rohingya diaspora employs social media platforms to reclaim their identity narratives through visibility and resistance in the context of genocide and subsequent prolonged displacement. Drawing on qualitative interviews with 15 displaced Rohingya members and activists in Brisbane, Australia, this article demonstrates how transnational digital engagements foreground the construction of the Rohingya diaspora, and subsequently how the transnational identities are negotiated and mediated online. The findings show that the social media platforms facilitated the Rohingya diaspora development and identity construction through building an 'imagined community' of resistance, transnational advocacy networks and diasporic media production. At the same time, this article explores how online activism evolved and marginal voices emerged in cyberspace longing for home(land), justice and citizenship rights. This study brings unique insights to understand voices from the margins and shows how new media allow ethnic minorities and marginalised groups to construct diasporic identity through online mediation in transnational spaces. [ABSTRACT FROM AUTHOR]

Abstract The present study was conducted to understand the essence of the lived experience of the stateless erstwhile enclave dwellers in India and Bangladesh who later chose Indian citizenship during land and population swap between the two countries as per Land Boundary Agreement (2015). The study is phenomenological in nature and studies the phenomenon of living in statelessness in the Enclaves for generations, their emotions during transition and their pollyannaism after getting citizenship. The researchers conducted unstructured open ended interviews among the erstwhile enclave dwellers who were bestowed Indian citizenship and are living in India. Samples were taken both from the enclave dwellers who have been living in their own place and not displaced during land and population swap as per Land and Boundary Agreement (LBA) 2015, between India and Bangladesh and also from the enclave dwellers who had to move to the Indian mainland and are living in Permanent Rehabilitation Clusters (PRCs) provided by the Indian Authorities. All the participants of the study were male and their real names have been replaced by the pseudo names. The enclave dwellers reflected that the decades and generations of suffering from statelessness, lawlessness, lack of schools, hospitals and other civic amenities has cost their education, mental and physical health, dignity and identity. Though all the erstwhile enclave dwellers reflect on the statelessness and express their emotion on getting citizenship in the same way, but the pollyannaism of enclave dwellers who were not displaced by LBA 2015 and living in the ancestral place and those who are living in the PRCs are quite different.

Citizenship is an essential aspect of nationality; it is formed by the laws of a country and influences an individual’s rights and freedoms. This article compares statelessness within the Kenyan and South African legal systems, and discusses case law and the views of legal scholars on statelessness in these jurisdictions. The article also reviews international laws that are supposed to ensure citizenship and protect stateless people. Its aim is to strengthen the legal framework of these countries in delivering people’s rights to citizenship or nationality. The reviewed legal framework includes the Constitution of the Republic of Kenya, Kenya’s Citizenship and Immigration Act of 2011, the Constitution of the Republic of South Africa, and the Citizenship Act of 1995. The article also interrogates the memberships of Kenya and South Africa in various international treaties related to the fight against statelessness and ensuring human rights, including the rights of minorities. The article draws similarities between aspects of the Kenyan and South African legal systems which impact statelessness, including discrimination through colonial rule, ethnicity, and gender.

This paper examines why and how Myanmar makes Rohingyas a stateless community in Southeast Asia, known as one of the most vulnerable human groups in the contemporary world. Based on the secondary evidence, the paper argues that Rohingyas are stateless because they are the victim of four discourses: former Bangladeshi people who illegally entered Myanmar; collaborators to British armies while Myanmar was fighting for its independence from British rule; attachment to Islamic terrorism; and foreign interests in the Rakhine state. The paper draws on a wide range of local and global literature to support its arguments. The paper uses extant sociological approaches to understand why a minority community becomes stateless and experiences genocide in their own country. The researcher developed an analytical framework to answer the research questions. This analytical framework draws on existing literature, recent strategies, theoretical understandings, contemporary data, and government responses to understand the process of Rohingya statelessness. This paper finds that Myanmar not only expelled Rohingyas from their homeland by imposing the blame on them but is also unwilling to return over a million Rohingyas from Bangladesh--a host country for them. The paper also finds that the international community is least concerned about the genocide and expulsion of the Rohingyas because of Myanmar's communal agenda and foreign countries' economic interests in the Rakhine state. The paper offers some recommendations to address this unique inhuman condition in its concluding part. [ABSTRACT FROM AUTHOR]

Since the outbreak of violence and persecution against Rohingyas in 2017 they have been fleeing Myanmar and taking refuge in Bangladesh. A significant number of them are married to a Bangladeshi citizen and their children are entitled to Bangladeshi citizenship by descent. However, these Rohingyas are not registered as Bangladeshi citizens. As a result, a significant number of Rohingyas and their children have become stateless. As Bangladesh is not a party to the statelessness conventions, the issues surrounding the statelessness of these Rohingyas can hardly be addressed under these conventions. This article explores the citizenship rights of these Rohingyas outside of these conventions. It argues that, although Bangladesh is not a party to the statelessness conventions it is a party to the Convention on the Rights of the Child and other international human rights treaties under which it is obliged to grant citizenship status to the Rohingyas who are married to a Bangladeshi citizen or born to a Bangladeshi parent. [ABSTRACT FROM AUTHOR]

There are probably no nations in the world today that do not have minority groups. Wherever nation-states exist, ethnic diversity is a pervasive aspect of their life. Myanmar is one of the most ethnically diverse states in Asia. The Rohingya's existence is a historical fact in Myanmar, but their ethnic minority status is not acknowledged. Rohingya Muslims are facing identity and citizenship problems along with severe international human rights violations. More than 0.7 million Rohingya Muslims are living in Bangladesh as world's biggest refugee population. The Rohingya gradually lost their identity and eventually became stateless under Myanmar's domestic legal framework. A large number of them are disenfranchised from exercising their basic human rights. It is argued that not only are their human rights seriously compromised in their present condition of statelessness, but they could still face genocide, ethnic cleansing, and crimes against humanity. The article concludes by emphasizing the responsibility to protect Rohingya Muslims from atrocities, including addressing their statelessness and lack of citizenship. Further research and advocacy are needed to ensure that the human rights of the Rohingya are protected and that they have access to citizenship and legal identity. [ABSTRACT FROM AUTHOR]

Copyright of Law & Justice Review is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Among the Pacific Northwest Coast Indians of North America before and during the extended era of European contact, a pervasive institution known as the potlatch governed human relations through reciprocity rather than the hierarchical state. Potlatching involved recurring intertribal feasting, gift giving, ceremonial dance, storytelling, oratory, dispute resolution, declarations of claim or right, and some measure of property destruction. The tribes referred to this network of publicly declared favors given and owed and promises made and received as their customary "potlatch law." Like law in the Western world, it was the foundation on which their economies rested. The potlatch memorialized obligations, enforced property rights, insured against risk, promoted knowledge accumulation, supplied investment capital, and served as a system of fractional reserve banking. Beyond that, it was the foundation of the tribes' unique culture. The potlatch provides fascinating insight into the nuance and power of reciprocity in ordering human relations. [ABSTRACT FROM AUTHOR]

This document is an editorial titled "Rohingya refugees: humanitarian responses and implications" published in Frontiers in Human Dynamics. It discusses the ongoing Rohingya crisis, which has entered its 7th year with no solution in sight. The Rohingya refugees, trapped in the world's largest refugee camp in Cox's Bazar, face an uncertain future. The article highlights the challenges faced by the Rohingya population, including statelessness, social cohesion, and displacement, and emphasizes the need for a comprehensive response from the international community, host countries, and humanitarian organizations. The editorial also mentions the decline in humanitarian assistance for the Rohingyas and the importance of addressing the underlying causes of the crisis. [Extracted from the article]

Registration on the database of refugees in Kenya has placed Kenyan nationals at risk of statelessness. This article discusses how this came about and considers the importance of data security, privacy and subject rights. [ABSTRACT FROM AUTHOR]

The legal evidentiary approach to "solving" statelessness can sometimes lead to the issue being framed in terms of certain groups of people not meeting objective citizenship criteria or lacking required legal documents. Building on critical interdisciplinary scholarship in anthropology, history and legal studies, this article demonstrates the "constructedness" of citizenship and statelessness through the lens of the politics of recognition and documentation. Using Thailand as a case study, I highlight how global economic, political and social contexts play a significant and dynamic role in delineating the legal line of membership. By tracing how Thai nationality has been instrumentalised by the state throughout the twentieth century, this article contextualises statelessness as a legal and social by-product of statemaking. As such, it challenges the framing of nationality as a non-discriminatory mode of recognition founded in legal objectivity and reiterates the politics of statelessness. In emphasising the fragility of citizenship when granted without genuine social, political and moral recognition, I argue that the objective of statelessness advocacy should not simply be about turning stateless persons into citizens, but rather about creating a more equitable society wherein one's rights are upheld regardless of legal status. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Oriental Studies (Al-Farabi Kazakh National University) / Kazahskij Nacional'nyj Universitet Imeni Al'-Farabi Vestnik Seriâ Vostokovedeniâ is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Since the outbreak of violence and persecution against Rohingyas in 2017 they have been fleeing Myanmar and taking refuge in Bangladesh. A significant number of them are married to a Bangladeshi citizen and their children are entitled to Bangladeshi citizenship by descent. However, these Rohingya children are not being registered as Bangladeshi citizen. As a result, a significant number of Rohingya children have become stateless. As Bangladesh is not a party to the statelessness conventions statelessness of these Rohingya children cannot be legally addressed under these conventions. This article explores the citizenship rights of these Rohingya children outside of these conventions. It argues that, although Bangladesh is not a party to the statelessness conventions it is a party to the Convention on the Rights of the Child (CRC) and other international human rights treaties under which it is obliged to grant citizenship status to the Rohingya children born to a Bangladeshi parent. [ABSTRACT FROM AUTHOR]

Hannah Arendt's seminal yet overlooked essay "We Refugees" was written and published in Menorah Journal in 1943 while she was still a stateless refugee. In this essay, Arendt vividly describes the impossible situation that the stateless Jewish refugees faced before and during Second World War. However, Arendt does not reduce it to a series of individual tragedies, but instead develops a highly original analysis of refugees as a systematic political phenomenon that exposes the limitations of the nation-state system and simultaneously points beyond it. This analysis remains more relevant than ever today, eighty years after its initial publication. [ABSTRACT FROM AUTHOR]

The idea that human beings have inherent dignity, which requires respect, has been generally recognized as true and that the task of protecting basic human rights borne out of this inherent dignity has been equally recognized as one that needs to be undertaken collectively and collaboratively by the international community. This is reflected by the different international conventions relating to the protection of human rights adopted and acceded to by different States. However, despite the existence of international mechanisms towards ensuring that human rights are properly protected, without distinction as to any socio-cultural nuances, accounts of human rights violation throughout history and across different niches has remained prevalent. In particular, the plight of stateless persons, who are suffering or are vulnerable to suffer from significant discrimination as regards their capacity to properly enjoy and exercise basic human rights, has garnered international attention throughout the years and has been regarded as an international humanitarian crisis that require swift and comprehensive response. In consonance thereto, the 1954 Convention Relating to the Status of Stateless Persons and 1961 Convention on the Reduction of Statelessness were adopted and acceded to by different countries. The Philippines is a Contracting Party to these international conventions. Throughout the years, the country has been a host to hundreds of thousands of stateless persons and persons at risk of statelessness (collectively known as persons of concerns of POCs). In compliance with its obligations under the aforementioned international conventions, the Philippines has adopted a number of domestic measures and policies for the purpose of providing protection to POCs. However, while PH has adopted certain domestic measures to provide protection to POCs, the current state of the protective mechanisms afforded to them has negatively magnified institutional gaps in the implementation and fulfillment of the country's obligations under the relevant international conventions. It is in this context that this research will seek to propose for the enhancement of the protective mechanisms being provided to POCs in the Philippines, such as through the enactment of a comprehensive law for such purpose, in compliance with the country's obligations under the relevant international conventions. [ABSTRACT FROM AUTHOR]

This paper examines why and how Myanmar makes Rohingyas a stateless community in Southeast Asia, known as one of the most vulnerable human groups in the contemporary world. Based on the secondary evidence, the paper argues that Rohingyas are stateless because they are the victim of four discourses: former Bangladeshi people who illegally entered Myanmar; collaborators to British armies while Myanmar was fighting for its independence from British rule; attachment to Islamic terrorism; and foreign interests in the Rakhine state. The paper draws on a wide range of local and global literature to support its arguments. The paper uses extant sociological approaches to understand why a minority community becomes stateless and experiences genocide in their own country. The researcher developed an analytical framework to answer the research questions. This analytical framework draws on existing literature, recent strategies, theoretical understandings, contemporary data, and government responses to understand the process of Rohingya statelessness. This paper finds that Myanmar not only expelled Rohingyas from their homeland by imposing the blame on them but is also unwilling to return over a million Rohingyas from Bangladesh—a host country for them. The paper also finds that the international community is least concerned about the genocide and expulsion of the Rohingyas because of Myanmar’s communal agenda and foreign countries’ economic interests in the Rakhine state. The paper offers some recommendations to address this unique inhuman condition in its concluding part.

This article discusses the motivation for, and development of the pilot phase of the blockweave-based Rohingya Archive (hereafter the R-Archive). The R-Archive is a post-custodial digital archive, which means that it does not have a physical counterpart and only digital copies of physical records are maintained within it (Caswell, 2020, p.26; Shein and Lapworth, 2016). The article first provides some background regarding the Rohingya people and the historical and current abuses and bureaucratic violence that they have experienced in Arakan (now called Rakhine State) in Burma (called Myanmar by its current government), in southeast Asia. After detailing the impetus behind the R-Archive’s creation and the associated research design and procedural considerations, the article outlines the blockweave technologies on which it is built, and how they work to reduce the environmental impact of intensive computation that is characteristic of blockchain applications. It then discusses the archival and trust challenges that surfaced during the implementation of the pilot. More broadly, it considers the socio-technical and juridical issues that arise at this archival intervention at the intersection of rights, records, technologies, jurisdictions, economics and politics. The article concludes with a reflection on the entire endeavour, its next steps, and its potential to serve as a model for similar grassroots archival activism by oppressed, marginalized and diasporic communities.