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10281. Colonial Legacies in Syrian Nationality Law and the Risk of Statelessness

Author:
Malak Benslama-Dabdoub
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The millions of Syrians born or living in exile as a result of the ongoing conflict has dramatically increased the number of people from Syria with no nationality. In this regard, Syrian nationality law has been criticised for containing discriminatory provisions and failing to address the risk of statelessness. Nonetheless, the responsibility of colonialism in creating such discrimination has been largely overlooked. One decade after the outbreak of the Syrian civil war, this article looks back at the colonial roots of Syrian legislation governing nationality. Through a critical legal and historical analysis, it reveals the hidden colonial legacies of Syrian citizenship, by highlighting the responsibility of European colonial powers in introducing gender-based discrimination in domestic legislation, rendering Kurds and Palestinians stateless, and creating the practice of arbitrary denationalisation. This paper ends with a call for more research on colonial legacies within citizenship and statelessness studies.
Topic:
Law, Colonialism, Stateless Population, and Nationality
Political Geography:
Middle East and Syria

10282. People's Right to a Nationality and the Eradication of Statelessness in Africa

Author:
Darren Ekema Equmbue Monono
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The right to nationality, enshrined in art 15 of the Universal Declaration on Human Rights, is absent in the 1981 African Charter on Human and Peoples’ Rights, known as the Banjul Charter. On-going efforts by African institutions to address this gap, with a view to eradicating statelessness in the continent have, however, focused on the right to nationality as an individual right. This has undermined the spirit of the Banjul Charter, which consecrates peoples’ rights as an African specificity. This article highlights the Banjul-led African human rights system and its specificities of human rights, particularly with regard to collective community and peoples’ rights. Based on the recognition and communitarian theories, it examines different concepts related to collective rights and highlights the manifestation of peoples’ rights in African case law. It then analyses the nexus between peoples’ rights to nationality and statelessness in the continent. It concludes that the eradication of statelessness by 2024 in Africa cannot be effective unless the focus is on peoples’ collective rights to nationality.
Topic:
Human Rights, Citizenship, Stateless Population, and Nationality
Political Geography:
Africa

10283. Breaking the Presumption That Applicants of Statelessness Determination Procedures Are Foreign

Author:
Paola Pelletier Quinones
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
This article considers the situation of those who apply for a determination of their status as a stateless person but could, nonetheless, be nationals of the state in which they apply. Cases of in situ statelessness provide the most opportunity for the identification of these situations. After having identified 23 formal Statelessness Determination Procedures (‘SDP’) adopted as of 2020 from 23 countries, it is conclusive that these norms presume the applicant is foreign. However, eight countries have been mapped with safeguards in their SDP norms recognising the possibility that there could be identified applicants who may be nationals and what to do in cases of doubt. These safeguards are adopted by four countries in the Americas (Costa Rica, Panama, Paraguay and Argentina) and four countries in Europe (Georgia, Moldova, Ukraine and Turkey). These constitute good practices that should be taken into consideration by further SDP norms adopted in the future, modifications of current SDP norms and statistics. This issue constitutes a ‘red flag’ for raising awareness of discriminatory state policies that assume stateless applicants are foreign and should receive second-class citizenship (naturalization), rather than refer the case to the corresponding national civil registry authorities and facilitate the access to nationality. The objective of this article has not yet been analysed by doctrine or the United Nations High Commissioner for Refugees.
Topic:
United Nations, Refugees, Identity, Stateless Population, and Nationality
Political Geography:
Global Focus

10284. TP v Minister of Home Affairs (Sentence No 9140, 22 April 2014) (Tribunal of Rome)

Author:
Paolo Farci
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
There are two procedures to determine statelessness in Italy. One is under the competence of the Ministry of the Interior, which can certify, pursuant to the administrative procedure under art 17 of Decree of the President of the Republic No 572,1 the statelessness of applicants who are able to show: (a) a birth certificate; (b) documentation relating to residence in Italy; and (c) any document suitable for demonstrating statelessness. The other procedure is under the competence of the civil courts.2 This judicial procedure does not require applicants to provide evidence of their lawful status or residence and thus, it is the route followed by most stateless persons.3 The present case, TP v Minister of Home Affairs,4 concerns the latter route to statelessness determination and involves TP’s application to the Tribunal of Rome to recognise his status as a stateless person. This case represents an unusual example of a court using its inquisitorial powers to seek evidence in support of its ruling and, as such, it set a judicial precedent, which can assist the determination of similar proceedings. It was also the first time that a court found the Government of India’s practice regarding the treatment of Tibetans born in India to Tibetan parents amounted to a denial of nationality
Topic:
Law, Courts, Stateless Population, and Nationality
Political Geography:
Europe and Italy

10285. Towards a Stateless Standpoint Epistemology

Author:
Haqqi Bahram
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Opening the discussion about epistemology in statelessness research, this commentary advocates for a stateless standpoint epistemology grounded in experiences of the stateless, their collective intersubjectivities and their inalienable epistemic agency. By interrogating how and what knowledge is produced on the issue, I argue that stateless standpoint epistemology is an invitation to realign our knowledge of statelessness vis-à-vis the accepted citizenist modes of knowledge. While such an epistemology may need time to take its legitimate place within statelessness research, the mission can start already by acknowledging the epistemic agency of the stateless, supporting emerging stateless researchers and denouncing extractive research practices that render naturalised knowledge on and about the stateless. This recognition is needed at all levels of research carried out with the stateless, not only for the significant and transformative role that thestateless standpoint epistemology can play, but also for research to be truly a venue for epistemic justice in the face of the injustice created by world structures of citizenship.
Topic:
Citizenship, Research, Justice, and Stateless Population
Political Geography:
Global Focus

10286. Statelessness and COVID-19

Author:
Jamie Liew
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Throughout the past year and a half, we have witnessed how no person or community on this planet has been untouched by COVID-19. There are countless reports about the differential experiences that various communities face in access to healthcare but also how some public health measures meant to stem its spread may actually be harming particular persons. The pandemic has put into sharp focus the inequities and the gaping fractures in societies all over the world. Moreover, the pandemic has made many realise that we cannot ignore the marginalised in our community given the interconnectedness of our existence. This issue’s critique and commentary part presents a snapshot of how some stateless persons are coping during the pandemic but also features the work of grassroots organisations and emerging researchers. We take a look at five stateless communities: the Rohingya in Bangladesh;1 LGBTQ+ undocumented in Brazil;2those seeking reproductive healthcare in Canada;3 the Bidoon in Kuwait;4 and the stateless in Sabah, Malaysia
Topic:
Public Health, Pandemic, COVID-19, and Stateless Population
Political Geography:
Bangladesh, Malaysia, Middle East, Canada, Asia, Kuwait, Brazil, South America, and North America

10287. COVID-19 and the Bidoon in Kuwait

Author:
Areej Alshammiry
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
This piece outlines some of the conditions that the Bidoon(Kuwait’s stateless population) have experienced during the COVID-19 pandemic.1 As a former stateless Bidoon and a researcher settled in Canada, I have utilised my community connections in Kuwait to inform my writing. The information in this article is gathered from speaking with at least eight Bidoon activists and stateless persons. I chose to keep their names anonymous for their safety. This work would not be possible without their contributions. The exact number of the Bidoon is unavailable due to the contested nature of the statistics provided by the government. However, differing sources agree that this population is currently over 100,000 in Kuwait, excluding those who have migrated or have lived in exile since the 1990s.2 The Bidoon are indigenous to the Arabian Peninsula but were made stateless after the formation of the Kuwaiti state in the 1960s. The in situ stateless are prohibited from accessing many social services (including public education, proper healthcare, employment, documentation, subsidies and pension plans) and other basic human needs offered to citizens.3 The consequences of such deprivations are more severe for stateless people during a global crisis like the COVID-19 pandemic. p
Topic:
Public Health, Pandemic, COVID-19, and Stateless Population
Political Geography:
Middle East, Kuwait, and Gulf Nations

10288. Reaching Stateless, Undocumented and Migrant Communities during the COVID-19 Pandemic

Author:
Mary Anne K. Baltazar and Amanda R. Cheong
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In May 2020, the United Nations Refugee Agency issued a statement emphasising the particular vulnerabilities faced by stateless populations during the global COVID-19 crisis. In stating that ‘nobody can be protected unless everybody is included, and that means including often invisible, stateless populations’,1 UN High Commissioner for Refugees Filippo Grandi highlighted two issues: 1) COVID-19 has not only exposed, but has moreover exacerbated existing inequalities, including those operating along the dimension of legal status; and 2) the protracted exclusion of stateless peoples may undermine governments’ efforts to protect the health of their populations’ recognisedcitizens. Grandi’s commentsecho recommendations from the World Health Organization and other international bodies that governments ‘leave no one behind’ in their responses to COVID-19.2 Yet, in many contexts, stateless persons and others who are legally marginalised have not adequately been factored into policies for managing COVID-19.Such realities are all too apparent in Malaysia, which is home to a significant, albeit unknown, number of stateless persons, irregular migrants and their descendants. Statelessness impacts a diverse cross-section of the Malaysian population and is a status not exclusive to migrants. Rather, statelessness is ‘homegrown’ in Malaysia, affecting generations of people who were born and raised in the country, but for various reasons are nevertheless denied political membership.3 The majority of stateless and undocumented persons in Malaysia live in the state of Sabah, East Malaysia, and are predominantly composed of people of Indonesian and Filipino descent who are excluded from a range of basic rights and protections, including freedom from arbitrary detention and deportation, education and healthcare.
Topic:
Humanitarian Aid, Public Health, Pandemic, COVID-19, Stateless Population, and Migrants
Political Geography:
Malaysia and Asia

10289. Access to Abortion for Undocumented Persons during the COVID-19 Pandemic

Author:
Frederique Chabot
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Abstract:
COMMENTARYACCESS TO ABORTION FOR UNDOCUMENTED PERSONS DURING THE COVID-19 PANDEMICFRÉDÉRIQUE CHABOT*Action Canada for Sexual Health and Rights (‘Action Canada’) is a national organisation committed to advancing and upholding sexual and reproductive health and rights in Canada and globally. Building on the 50-year legacy of the organisations that formed Action Canada, we work to promote health, equity, wellbeing and rights related to sexuality and reproductive health to advance progressive policies on access to abortion, stigma-free healthcare, gender equality, LGBTQ+ rights and inclusive sex-ed, among other issues that intersect with bodily autonomy, gender, sexuality and reproduction.In March 2020, as the world quickly pivoted towards a pandemic response, Action Canada connected with partners across the country to monitor shifting needs and how providers of sexual and reproductive health services were adaptingto this novel situation in Canada. We saw some concerning gaps in services leading to a disproportionate impact on stateless and undocumented persons.1Action Canada’s activities include the operation of a 24-hour toll-free pregnancy information and referral service — the Access Line — paired with a national abortion fund to ensure those who face barriers can access abortion care. Calls to the Access Line more than doubled in the first months of 2020. Callers were looking for ways to access safe abortions during the pandemic. Conference calls with our network of sexual health centres across the country, surveys to partners and a variety of national organisations revealed concerning trends in relation to stateless persons and those with precarious immigration status and their ability to access sexual and reproductive health care.
Topic:
Public Health, Pandemic, COVID-19, Reproductive Rights, Reproductive Health, Stateless Population, Undocumented Population, and Abortion
Political Geography:
Canada and North America

10290. COVID-19 in Cox's Bazar Pandemic Narratives from the World's Largest Refugee Camp

Author:
Yuriko Cowper-Smith
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
Conditions in the camps have changed significantly during the COVID-19 pandemic, and Rohingya refugees face intensified challenges. As outlined, the lack of sustainability regarding food and water distribution is acutely apparent. Without suitable rations or the ability to supplement rations, refugees cannot fulfil their nutritional needs. Through the new requirements which necessitate staying close to home or indoors for long periods, the existing housing has been exposed as being less than adequate. Appropriate healthcare is more critical, and other services, such as education, are needed to sustain young refugees’ wellbeing. As in all communities, reliable information is vital to lessen the impacts of rumours and misinformation, which cause fear. Finally, gender-based inequities are aggravated by the tenuous situation.Concerning the camps, the pandemic blatantly reveals that the camps urgently require a long-term political solution. Currently, Bangladesh does not issue exit visas to Rohingya refugees, and many refugees do not hold official refugee status. This means that they cannot leave Bangladesh to be resettled in a third country. At the same time, safe repatriation is not an option due to the ongoing coup d’état and the likelihood of continued persecution upon return. This impasse, heightened by the pandemic, demonstrates that the Rohingya communities in the camps need to be able to access more permanent solutions to their plight within-country or have the option to be resettled abroad.
Topic:
Public Health, Pandemic, COVID-19, Rohingya, and Stateless Population
Political Geography:
Asia, Burma, and Myanmar

10291. Surviving Overlapping Precarity in a 'Gigantic Hellhole' A Case Study of Venezuelan LGBTQI+ Asylum Seekers and Undocument Migrant in Brazil amid COVID-19

Author:
Yvonne Su, Tyler Valiquette, and Yuriko Cowper-Smith
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
As COVID-19 infection rates grew exponentially in Latin America, countries closed their borders in an attempt to stop the virus. But such measures have put migrants, asylum seekers and other forcibly displaced persons at more risk. For highly precarious groups, such as Venezuelan migrants and asylum seekers in Brazil, who were already facing a multitude of challenges before the pandemic, COVID-19 is multiplying the threats.
Topic:
LGBT+, Public Health, Asylum, Pandemic, COVID-19, and Stateless Population
Political Geography:
Brazil, South America, and Venezuela

10292. 'Humanising' Statelessness through an Artistic Approach

Author:
Md Mizanur Rahman
Publication Date:
12-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In this article I critically examine an art-based approach to statelessness in institutional settings, to show how art can produce alternative insights on statelessness. Drawing from ethnographic observation, I show how an art-based approach tries to go beyond the predominant legalistic and political frames and representations of statelessness, but stay married to the same legal and political discourses. I found the art-based approaches observed do not subscribe to the idea that statelessness is only a legal anomaly and instead emphasise the creation of empathy for stateless individuals or groups. This humanises statelessness by showing their human vulnerability and creatively recognising their hope and agency. Regardless, artistic approaches can struggle to challenge the legalistic and political nature of the problem. It remains a question whether such approaches are appropriately promoting the views, perceptions and feelings of stateless persons themselves, as their participation in creating such art projects are minimal. As such, I argue for an ‘ethnographic turn in art practices’, which can ensure the participation of stateless people in the process of creating and demonstrating art. I believe this ‘turn’ could play a crucial role in the development of statelessness studies.
Topic:
Arts, Culture, Law, and Stateless Population
Political Geography:
Global Focus

10293. Commemorating 50 Years of 'Outcast London'

Publication Date:
12-2021
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
This event from the Mile End Institute, Raphael Samuel History Centre, and Modern British History Seminar will commemorate fifty years since the publication of Gareth Stedman Jones’ Outcast London. The webinar celebrates the book and featured a panel of experts whose research interests speak to the book’s themes, methods and politics.
Topic:
Development, Labor Issues, Urban, and Industrialization
Political Geography:
United Kingdom, Europe, and London

10294. Forty Years On New Perspectives on the 1981 Budget

Publication Date:
12-2021
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
This year is the fortieth anniversary of the 1981 UK Budget Statement, one of the most controversial in British history. Geoffrey Howe, the Conservative Chancellor in Margaret Thatcher's first government, deliberately increased taxes during a vicious world recession after two years of tight monetary policy and punishingly high-interest rates, to tame high inflation. Inflation dropped, but the Budget also accelerated deindustrialization and spiralling unemployment, and turbocharged inequality. It has since indelibly shaped memories of ‘Thatcherism’. Forty years on, the current Conservative government is at a new fork in the road in its economic policy, grappling with pandemic spending legacies, the fallout from Brexit, and post-2008 economics, and with electoral pledges both to fiscal probity and to 'level up' the UK.
Topic:
Economics, Labor Issues, Governance, Budget, Unemployment, and Deindustrialization
Political Geography:
United Kingdom and Europe

10295. The Civic University

Publication Date:
12-2021
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
In 2018, the UPP Foundation established a commission to investigate the civic work of universities. The commission published its findings in February 2019 and recommended that universities set out to co-create Civic University Agreements with other key civic partners in order to beyond traditional civic engagement and become truly civic universities, embedded into their areas.
Topic:
Education, Social Policy, Higher Education, and Civic Engagement
Political Geography:
United Kingdom and Europe

10296. After the Virus: Lessons from The Past For A Better Future

Publication Date:
11-2021
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
Hilary Cooper and Simon Szreter have published a powerful manifesto for change post-Covid-19. It argues that the world needs ‘a new morality’ to recover from the pandemic and to prepare for future crises - and that Britain’s own history points the way. In 'After the Virus', they show how decades of neoliberalism and austerity left us vulnerable to the effects of Covid-19; they show how important history is for British and global public policy today, going back 400 years to look at Elizabeth I’s innovative Poor Laws, the world’s first universal welfare system; and they present practical proposals, inspired by our own history, that will promote a morality of nurturing, not exploiting, people and the planet.
Topic:
Governance, Neoliberalism, Pandemic, and COVID-19
Political Geography:
United Kingdom and Europe

10297. Celebrating 20 Years of The Living Wage at Queen Mary University of London

Publication Date:
11-2021
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
The Living Wage Campaign was launched by London Citizens in Walthamstow, East London, in 2001. Since then, it spread across the country and became a nationwide campaign led by the Living Wage Foundation. In 2006, Queen Mary became the first accredited university in the UK to pay all staff a real Living Wage, based on the cost of living, not just the government minimum. Queen Mary also improved working conditions so that every staff member at the university – regardless of rank or role – received a minimum of 30 days’ annual leave, access to sick pay, an annually negotiated pay increase, and an employer contribution pension scheme. In 2011, the University became a founding partner of the Living Wage Foundation. At this event to mark twenty years of the Living Wage Campaign, the Mile End Institute hosted a conversation with Matthew Bolton, the Executive Director of Citizens UK, to revisit the history of the Living Wage and the campaign to establish the living wage at Queen Mary. The event reflected on how the Living Wage is a vital strategy in the fight to end poverty in London and the important role of higher educational institutions in creating a fairer society.
Topic:
Economics, Poverty, Labor Issues, and Standard of Living
Political Geography:
United Kingdom and Europe

10298. Structural and Institutional Racism in the UK - Contemporary Perspectives

Publication Date:
10-2021
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
The Commission on Race and Ethnic Disparities in Britain published its controversial and widely criticised report on structural inequalities earlier this year. The Institute for Public Policy Research (IPPR) think-tank in conjunction with Race on the Agenda (ROTA) and the Race Equality Foundation (REF) also recently published a collection of papers in the journal Progressive Review that offer an alternative analysis of structural and institutional racism in the UK. This event explored different perspectives and contributions to the debate about structural and institutional racism in the UK, using the IPPR/ROTA/REF collection as a starting point to consider the limitations of the Commission on Race and Ethnic Disparities and the analysis it promoted.
Topic:
Race, Ethnicity, Discrimination, and Structuralism
Political Geography:
United Kingdom and Europe

10299. Riding the Populist Wave – Europe’s Mainstream Right in Crisis

Publication Date:
10-2021
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
Whilst Conservative, Christian democratic and Liberal parties continue to play a crucial role in the democratic politics and governance of every Western European country, they are rarely paid the attention they deserve. This book reveals a mainstream right squeezed by the need to adapt to both 'the silent revolution' that has seen the spread of postmaterialist, liberal and cosmopolitan values and the backlash against those values - the 'silent counter-revolution' that has brought with it the rise of several far-right parties offering populist answers to many of Europe’s most contentious political problems.
Topic:
Politics, Social Movement, Populism, and Conservatism
Political Geography:
Europe

10300. Banking Bailout Law: A Comparative Study of the United States, United Kingdom and the European Union

Publication Date:
10-2021
Content Type:
Video
Institution:
Mile End Institute, Queen Mary University of London
Abstract:
Our expert panellists discussed Virág Blazsek’s book, Banking Bailout Law: A Comparative Study of the United States, United Kingdom and the European Union, which examines the different bank bailout and resolution techniques and tools through carefully selected case studies. The panel explored the pros and cons of the different legal and regulatory options identified by the book to reconstruct a regulatory framework that might better serve countries in future financial crises.
Topic:
Economics, European Union, Finance, Banking, and Bailout
Political Geography:
United Kingdom, Europe, North America, and United States of America