Berliner Gazette

case study

Latvia, Eastern Europe

Many of the Russian-speaking minorities who stayed the country after the collapse of the Soviet Union are still stateless.

Why are they stateless?

When Latvia became independent in 1990, citizenship was granted to those whose families had been present on Latvian territory before Soviet times. The rest had to pass a Latvian language exam. In July 2003 the number of ‘non-citizens’ was 494,319, or around 21% of the Latvian population (Council of Europe). A social integration policy was implemented to naturalise Russian-speaking minorities, but today there are still over 250,000 non-citizens in Latvia.

How does it affect them?

By law, Latvian non-citizens are treated “neither as foreigners nor as stateless persons but as distinct category of persons with long-lasting and effective ties to Latvia, in many respects comparable to citizens but in other respects without the rights that come with full citizenship” (Human Rights Committee).

Latvian non-citizens do not enjoy the same rights as full Latvian citizens. They cannot vote, cannot occupy certain state and public positions, cannot be employed in certain professions, cannot own land and other natural resources, and cannot receive a loan to purchase a new apartment. They also have less freedom to travel.

Photo credit: World Politics Review

case study

Ivory Coast, Africa

Hundreds of thousands of people in Côte d’Ivoire are unable to obtain Ivoirian nationality despite living there permanently – in some cases for many generations. Stateless people are mainly former refugees and stranded migrants from Liberia who have been unsuccessful in their attempts to claim Liberian citizenship.

Why are they stateless?

The nationality law in Côte d’Ivoire grants citizenship purely on the basis of descent and does not include safeguards against statelessness.

How does it affect them?

Statelessness brings challenges in terms of political stability, human security, and the respect for human rights and the rule of law. All of these also impact economic development and prosperity.

Further reading: Statelessness and Nationality in Côte d’Ivoire – A Study for UNHCR, 2016

Photo taken from the UNHCR report.

case study

Myanmar, Asia

The Rohingya people are the largest stateless population in the world.

A mainly Muslim minority in Myanmar (Burma), a majority Buddhist country, there were nearly one million stateless Rohingya living within the country’s borders in early 2017 and an additional 200,000 refugees in neighbouring Bangladesh.

Why are they stateless?

The government of Myanmar does not recognise the Rohingya as citizens, and refuses even to use the name – instead referring to them as ‘Bengali’. The 1982 Burmese Nationality Act specifies that only ethnic groups who can prove they were resident in the territory before 1823 may obtain Burmese citizenship. The Rohingya are not one of the 135 listed minorities.

How does it affect them?

The Burmese military’s campaign of ethnic cleansing that began on August 25, 2017, after the Arakan Rohingya Salvation Army armed group attacked police outposts and a military base in northern Rakhine State. More than 600,000 Rohingya fled to Bangladesh. In September 2017, the UN secretary-general António Guterres said the conflict had become “the world’s fastest developing refugee emergency and a humanitarian and human rights nightmare”.

Further reading: UN Report of the Special Rapporteur on the situation of human rights in Myanmar, 2017. Last report by OIM.

Photo credit: Mathias Eick, EU/ECHO, Rakhine State, Myanmar/Burma, September 2013 (on Flickr CC-BY-ND)

enforced vs volunteer

Voluntary statelessness

Can a society benefit from being stateless?

A few people have voluntarily renounced their citizenship. They include Mike Gogulski, who renounced his US citizenship and burned his passport. This is a radical approach, as stateless persons are not treated well in today’s world. They live under precarious conditions, often without basic protection, healthcare or other rights. But some people still give up their citizenship.

This fact alone should remind us of the problems and tensions in our current concept of democracy.

Our world is defined by major imbalances of power, connected to inequalities in wealth, education, health care, security and so on. The idea of the nation state looms large in this imbalance. Some believe that nation states with central governments impose authoritarian structures on their people, thus perpetuating inequalities.

This is not just because third party representation through a government does not realize the wishes of the citizens, it is more about the fundamental structure of society. Just as the concept of gender divides people into male and female categories, the concept of the state divides people into the governors and the governed. A hierarchy is imposed, leading to imbalances of power. This hierarchical thinking fundamentally influences how we perceive and conceive of the world.

But many people perceive the state as oppressive and do not identify with it. Society and state can be two different things. So can society be liberated from the state? Can a society benefit from being stateless?

Anarchy as a utopia

I wish no power over you.
I wish that you have no power over me.

An anarchist’s declaration by Mike Gogulski, who renounced his US citizenship and is now stateless

An organized form of society without state, hierarchies or borders – a society of actual freedom – is not a new idea. Various anti-authoritarian ideas have been put forward, in which people have proposed exercising democracy without a state. For example, Rojava in Syria, the concept of democratic confederalism, and the ideas put forward by intellectuals such as Noam Chomsky.

Anarchism proposes a form of self government in which society is organized into groups and communities with representatives, but without any hierarchy. Anarchy is about individual empowerment, not about delegating power to the government. Closing the gap between governors and governed would restore political agency, putting power back into the hands of the people. If people were actively shaping society, at a certain point the state would become obsolete, fostering solidarity between people.

People instinctively organize themselves. They do it within states, but they could also do it under other circumstances. We can imagine society as a single organic, rather than architectural, structure – a web, not a building.

If society were differently organized, nobody would have to work. And with a bit of optimism, we could bring this future about. A future where nobody has to fight just to earn enough money to survive. A society in which people have overcome their lust for power.

Of course, the concept of anarchism is not without its issues. It is not clear how people would organize themselves, or how safety, security and stability would be maintained. But it is a concept worth considering, especially in today’s world where the gap between rich and poor is expanding, and the ongoing presence of conflict suggest the current model isn’t working.

Today, we could argue, only utopia is realistic.

enforced vs volunteer

Enforced statelessness

The vast majority of stateless people do not choose to be that way.

There are many reasons why people become stateless – or are born that way. They include conflicting nationality laws, states becoming newly independent and the legacy of colonisation.

Here are four cases that illustrate the problems that arise when you lose the protection of a state.

Undocumented lives


CAMEROON

Doris has lived as an asylum seeker in Germany since 2012. Her only means of identification – an Ausweis in German – is a Refugee Travel Document. This flimsy blue piece of paper is a substitute for a passport of the state from which she has fled. At the moment, Doris must renew her Ausweis every two weeks. Her right to asylum has yet to be recognized.

In 2016, authorities attempted to deport Doris twice. She resisted the first attempt by stripping naked. Rather than return to violence back home, Doris says: “I prefer to hang myself…I prefer to die.” Since she was labelled uncooperative by German authorities, Doris alleges their second attempt at deporting her turned violent.


MEXICO

There are more than 10 million stateless people globally, according to official estimates. Alejandro’s mother is one of them. Because of a lack of documentation, she is now in a nursing home in Mexico even though she has two sons who are US citizens. On paper she has the right to US citizenship, but in practice she can’t prove her identity. This means she must live separately from her family.


The search for identity

Berzan is from Kurdistan. His family, living in North Syria, belong to a group of 150,000 Kurds who lost their citizenship after the 1962 Syrian census, when Kurdish people were registered as foreigners. For this reason, Berzan was born without a nationality.

Anil belongs to the Nepalese minority in Bhutan and was born without nationality. He was only five years old when ethnic conflict broke out in Bhutan and the Nepali-speaking population in the south of the country had to flee. After Anil’s father died in the conflict, his uncle took him to Nepal where he could go to school.


How many are stateless?

There are estimated to be as many as 15 million stateless people globally. But only 3.5 million have been officially counted, across 80 countries.

Three quarters of them live in just five countries:

  1. Myanmar
  2. Côte d’Ivoire
  3. Thailand
  4. Zimbabwe
  5. Latvia

The limits of statelessness statistics

Official statistics on statelessness are limited. They do not describe the full scale of the issue.

  • Not all countries are included: Official statistics only include data from 80 of the 193 UN member states. The estimate of 10 million stateless people worldwide is based on an extrapolation from the 3.5 million known to be stateless.
  • Not everyone without a country is counted as stateless: The figure of 10 million refers to those who fall under the UNHCR’s statelessness protection mandate. In addition to this, the Institute on Statelessness and Inclusion (ISI) estimated that at the end of 2013 there were also around 1.5 million stateless refugees and around 3.5 million stateless Palestinians worldwide. This would bring the global total to around 15 million.
  • Stateless people are very difficult to count: Data gaps, inconsistencies in the way people are counted, and differences in the definitions of statelessness between nations all blur the picture. In some European countries there is a problem of persons being reported as holding an ‘unknown nationality’, which further obscures the true number affected by statelessness.

CASE STUDIES