First Conference for the Stateless in Kuwait: Situation and Solution

April 15 & 16, 2013

Hannah Arendt, Stateless During WWII

“The stateless person, without right to residence and without the right to work, had of course constantly to transgress the law. He was liable to jail sentences without ever committing a crime ... Since he was the anomaly for which the general law did not provide, it was better for him to become an anomaly for which it did provide, that of the criminal.”

Refugee International’s Statelessness Program

RI’s Work with Stateless Populations

• 30 reports on stateless populations since 2004• 5 reports on the situation of Kuwait’s without

legal recognition since 2007• Reports on:– Rohingya; South Sudan; Bihari; Kenyan Nubians, of

Somali descent, and “coastal Arabs”– Ethiopia – Eritrea; Mauritania of Senegalese

descent; Cote d’Ivoire; Kyrgyzstan; Kazakhstan– Syrian Kurds; Latvians of Russian descent;

Dominicans of Haitian descent

South Sudan: Long Waits for Great ReasonsFour Freedoms

Global View: The Numbers• ~ 15 million stateless in every region of the world

DISCRIMINATION/PERSECUTION • Syria ~ 300,000 Kurds• Zimbabwe ~ 100,000 + (?)• Nepal/Bhutan ~ 300,000 Bhutanese and decreasing (remedy?)• Kenya ~ 100,000 Nubians, of Somali descent, coastal Arabs• Kuwait ~ 100,000 (remedy?)• Myanmar ~ 1 million and fleeing (remedy?)

– Bangladesh ~ 400,000– Malaysia, Indonesia, Thailand increasing

DISCRIMINATION/STATE DISINTEGRATION• Ethnic Russians in former Soviet Union ~ 500,000• Russian Federation, Kazakhstan, Ukraine ~ 40,000STATE SUCCESSION• Bangladesh Bihari ~ 300,000 and decreasing (remedy)• South Sudan (?)/Sudan

Myanmar’s Disappearing Rohingya: Taking on an Opportunity for Reform

No Protection of Rights

Myanmar’s Rohingya: Persecuted, Without Government Protection, No Housing, No Schools, No Health Care

• All people have the right to: • Life (all conventions)• Nationality (SC 1954,1961, CRC, ICCPR)• Freedom from torture, and other cruel, inhuman

or degrading treatment or punishment (ICCPR and CAT)

• Freedom from slavery and servitude (ICCPR)• Freedom from imprisonment for inability to fulfill

a contractual obligation (ICCPR)• Freedom from discrimination such as race, color,

sex, language, religion, political or other opinion, national or social origin, property, birth or other status (ICCPR)

Human Rights 2

• Recognition as a person before the law (ICCPR)• Freedom of thought, conscience and religion

(ICCPR)• Best attainable standard of physical and mental

health (ICESCR, ICERD, CEDAW, CRC)• Education (ICESCR, CRC, ICERD)• Adequate housing (ICESCR, CEDAW, CRC, ICERD)• Adequate food and water (ICESCR, CRC, CEDAW)• Work and rights at work (ICESCR, ICERD, CEDAW)

Kuwaiti Oil ID Proving Residence Since 1950s

South Sudan:Pursuing Citizenship Certificates (proof)

Propaganda Supporting the Perpetuation of Statelessness

“Illegal aliens...not only threaten our economy and security, but also our health and well-being....”

• Lou Dobbs, US National News Host, Fox News

Tawergha Town, where Libyan’s of Sub-Saharan descent once lived:

Statelessness Waiting to Happen

Segregation of Rohingya in Sittwe

Theoretical Nationality85 year-old Rohingya man who was a

citizen under British rule – now he just wants citizenship for his grandchildren

Nationals of Where? Kurdistan hosts tens of thousands of Stateless

Kurds from Syria

National Security: Young Rohingya Men Who Fled Bangladesh Only to Leave Myanmar Again After 3 Days

The Bangladeshi Government Will Not Register Rohingya Children Born in

Unofficial Camps

Resolving Situations of Statelessness: Hannah Arendt, Philosopher & Made

Stateless During WWII

• “The new always happens against the overwhelming odds of statistical laws and their probability, which for all practical everyday purposes amounts to certainty; the new therefore always appears in the guise of a miracle.”

Positive (Ongoing) Case Studies

• Bangladesh Bihari• Sri Lanka Hill Tamils• Bhutanese (Lhotshampas)• Ethiopia-Eritrea• Mauritania - Senegal• Sudans

Bihari PeopleThe Power of Protest

Biharis of Bangladesh

• Upon creation of Pakistan 1947, Bihari move to Eastern Pakistan (now Bangladesh)

• Many Bihari’s support Pakistan against the bid for Bangladesh nationhood– In 1971, 70 to 100K Bihari killed by mobs– Survivors put in 166 segregated camps (to this day)

• “Foreign allegiance” so can’t be citizens• Mid-2000s, civil society calls for greater transparency, no corruption• Caretaker government to route out corruption – conditions for

reform in place because not partisan

2008 Bangladesh’s High Court Decision Recognizing Citizenship

• By keeping the question of citizenship for the Bihari unresolved on wrong assumptions over the decades, “this nation has not gained anything [and] rather was deprived of the contribution they could have made in nation building.”

Sri Lanka’s Hill TamalsThe Power of Protest

Sri Lanka “Hill Tamils”

• Tamils ~ 25% of population, and roughly half descendents of “Hill Tamils” – laborers who migrated starting in 1820 and worked on tea plantation estates in central Sri Lanka

• Sri Lanka achieves independence in 1948 and enacts a new nationality law, extending citizenship only if a person can demonstrate descent from a Sri Lanka (territory) born father, grandfather or great-grandfather.– Many Hill Tamils often return to ancestral villages in mainland

India to have babies– Out of total population of ~ 750,000, only 100,000 Hill Tamils

receive citizenship.

Bilateral Negotiations with India

• In 1964, India agrees to accept 600,000 Hill Tamils and Sri Lanka agrees to naturalize the remaining 375,000– political decision, not human rights based

• Some Hill Tamils not eager to leave Sri Lanka• Another ~ 500,000 seek Indian citizenship, which

disqualifies them from Sri Lanka citizenship• Sri Lanka agrees to accept ~100,000 more alongside the

previously agreed-upon 375,000 Hill Tamils. • During civil war, India stops all legal movement between

the two nations• Those who apply for Indian citizenship are not eligible for

Sri Lankan citizenship, but they can’t leave.

Domestic Remedy: Legislation• 1988, Grant of Citizenship to Stateless Persons Act extends

Sri Lankan citizenship to Hill Tamils who didn’t apply Indian citizenship under previous agreements.

• 2003, Grant of Citizenship to Persons of Indian Origin Act extending Sri Lankan citizenship to all Tamils who had been residing in Sri Lanka since October 1964 and their descendents. – 190,000 of 300,000 achieve proof of citizenship– Includes all granted Indian citizenship but still in Sri Lanka,

though they must rescind Indian citizenship. – Proof: statement declaring residence since October 1964

signed by justice of the peace• 2008, law provides citizenship by registration to ~ 200 Sri

Lankans of Chinese descent

Lhotshampas of NepalPower of Protest

Bhutanese Lhotshampas: History• Since at least late 19th century, Bhutan has had a sizable minority

population of Nepali origin, known as the “Lhotshampa” • Migrated from Nepal to Southern Bhutan as laborers in agricultural

industry • Population increases dramatically during the latter half of 20th

century, when Bhutanese government invites more Nepali laborers to work on construction

• By late 1980s, Lhotshampas comprised as much as 35% of the total population of Bhutan

• Neither the original migrants nor their descendents are protected by Bhutanese nationality law and over time, rendered stateless.

Statelessness in Bhutan• 1958, Bhutanese government treats Lhotshampa as non-citizens• 1988, Bhutan conducts its first census and identifies majority of

Lhotshampas as “illegal migrants”• Only few who own land and can prove resided in Bhutan for 10 years

and apply citizenship by registration • At time, Bhutan is absolute monarchy, and King declares advocating

for Lhotshampa rights is illegal• 1989 and 1993, inter-ethnic conflict leads to large-scale expulsion of

the Lhotshampa to Nepal– Nepal puts Lhotshampas in camps

• In 1998, Bhutan opens up economy and starts slow but promising process of democratization (?)

• Bhutan agrees in principle to accept a small number of Lhotshampas, but no repatriation has occurred

Ethiopia - Eritrea• 1991, Eritrea succeeds from Ethiopia and all provided with right to dual

nationality• 1998-2001, good will gone, those of Eritrean territorial who voted in the

referendum were disqualified from Ethiopia nationality • 2000 and 2004, 70,000 Eritreans (?) expelled from Ethiopia, with widespread

arrests, detentions, beatings and rape • 2004, after several years of peace, Eritreans who had lived in Ethiopia prior

to Eritrean independence were able to reacquire citizenship by registration. • Ethiopian government can still unilaterally remove citizenship if person

declared “undesirable foreigner” • ~ 50,000 Eritrean refugees who do not qualify for nationalization continue to

reside in camps in Ethiopia, with limited options to live and work outside of camps.

•

Mauritania - Senegal• 1989-1990, Mauritanian government expels ~ 75,000 recognized

Mauritanian citizens of Senegalese descent• Citizenship is revoked• After period of calm, Mauritania invites those expelled to return• Up to 30,000 return but can’t get back identity cards• By end of 2005, approximately 20,000 Mauritanians remain in Senegalese

refugee camps, mainly because of the inability to gain employment and legal recognition in Mauritania

• 2007, tripartite agreement between Senegal, Mauritania and UNCHR commits Mauritania to restore citizenship to refugees and commits Senegal to either provide all documentation needed for resettling refugees, or facilitate integration of refugees.

• Faced with a large stateless population, Senegal enacts policies allowing applications for citizenship if lived in the country for five years– No other preconditions

Resolving Statelessness