UNHCR 2014 Statelessness Research Award interviews... Georgetown Law Human Rights Institute Fact-Finding Project

"Although statelessness in the Dominican Republic has been well-publicized, our project focused on what we considered to be an under-researched dimension of the problem – in the context of significant recent legal developments in the Dominican Republic. We therefore sought to produce a report that could fill this research gap and equip advocates with findings regarding the harsh consequences of statelessness for children of Haitian descent born in the Dominican Republic." 

In this series of blog posts, we are asking the students honoured in this year's UNHCR Awards for Statelessness Research about their experiences studying the phenomenon on statelessness and their research findings. Last in the series is the Georgetown Law Human Rights Institute Fact-Finding Project which received a Certificate of Appreciation from the jury for outstanding student research for the report Left Behind: How Statelessness in the Dominican Republic Limits Children’s Access to Education. The report was written by a group of eight students, all enrolled in either Georgetown Law’s JD or LLM programme: Khaled Alrabe, Jamie Armstrong, B. Shaw Drake, Kimberly Fetsick, Elizabeth Gibson, Tabitha King, Young-Min Kwon and Franziska Veh. The research was conducted by these students in the context of a year-long practicum course and included a fact-finding mission to the Dominican Republic.

Could you summarise, in 2 or 3 sentences, what your research was about? 
Our research focuses on how statelessness impacts other fundamental rights of children, and particularly the right to education. Our report, “Left Behind: How Statelessness in the Dominican Republic Limits Children’s Access to Education,” shows that many children born in the Dominican Republic but descended from foreigners, particularly Haitians, are denied an education. For generations, such children were recognized as citizens, but within the last decade, the Dominican government has refused to issue many of them birth certificates, identity cards and other essential documentation, and rendered them stateless. The report concludes that the Dominican Republican is failing to comply with its domestic and international human rights obligations, including ensuring protection of the human right to education.

 What first got you interested in the problem of statelessness? 
Each year, HRI pursues work on one human rights issue with a small team of students, giving them the opportunity to research a human rights problem in depth, conduct extensive interviews on the subject, draft a comprehensive report on their findings, and engage in related advocacy. Student participants, with the support of HRI staff and expert faculty, are responsible for identifying the specific issue and designing research that can fill a significant research and advocacy gap.  Our multinational research team includes members from a variety of academic and professional backgrounds, and our interest in statelessness reflects this diverse experience. Some research group members brought particular regional expertise to our project, while others initially became interested in statelessness more generally, through work and academic experience in other areas. Uniting all of the graduate students in the group is a fundamental dedication to international human rights research and advocacy and a desire to cast new light on a particular dimension of the problem of statelessness in the Dominican Republic. 

Why did you choose this particular research topic? 
The topic of statelessness in the Dominican Republic was selected after careful consideration of a number of possible research sites and issues across the Americas. Although statelessness in the Dominican Republic has been well-publicized, our project focused on what we considered to be an under-researched dimension of the problem – in the context of significant recent legal developments in the Dominican Republic. We therefore sought to produce a report that could fill this research gap and equip advocates with findings regarding the harsh consequences of statelessness for children of Haitian descent born in the Dominican Republic. 

Could you briefly describe how you went about your research? E.g. did you base it on existing sources – and were they easy to find? Did you do fieldwork or interviews – and what was that like? 
In the Fall of 2013, the team conducted research into statelessness as a legal concept and its dimensions on the ground in the Americas. This process included significant consultation with human rights practitioners, grassroots activists, and legal experts, among others, to identify where there were research gaps to which our investigation could contribute – as well as how our work could relate to international and national advocacy efforts. In January 2014, we travelled to the Dominican Republic for a week to conduct in-person interviews with scores of affected persons, as well as service providers, educators, government officials, human rights practitioners and grassroots activists. Our interviews included children and adults affected by statelessness. Following the trip, we received several official statements from the Ministry of Education that allowed us to compare current policies to practices documented during our trip. We then synthesized these findings into a report. It was a rigorous and rewarding process that allowed us to do hands-on work while remaining grounded in sound legal analysis. 

What was the greatest challenge you had to deal with in undertaking your research? 
The greatest challenge our group faced was the overwhelming depth and long history of the problem we chose to investigate. Narrowing an issue such as statelessness in the Dominican Republic to examine just one aspect of how it impacts the lives of those affected was very difficult and left out so much, including the right to health and labor rights issues. All of these aspects are worthy topics for study. However, we felt that a focus on the impact of statelessness on children and the right to education as a gateway to the enjoyment of other rights would fill both a research gap and contribute a unique perspective to support advocacy promote yet broader protections of human rights in the Dominican Republic. Overcoming this challenge taught us how the toll of statelessness is wide-reaching and that the impacts of statelessness are interconnected. 

Could you briefly summarise your main findings or conclusions – or what you think is the most important outcome of your research? 

We found that many children born in the Dominican Republic but descended from foreigners, particularly Haitians, are denied an education. For generations, such children were recognized as citizens, but within the last decade, the Dominican government has refused to issue many of them birth certificates, identity cards and other essential documentation, rendering them stateless. Hence, the Dominican Republic is failing to comply with its domestic and international human rights obligations, including to protect the human right to education. Access to education for Dominicans of Haitian ancestry has been curtailed by discriminatory school policies and the arbitrary application of laws guaranteeing equal access to education.  Many of those we interviewed were denied access to – or a continuous place in – primary or secondary school because they lacked birth certificates. Students are unable to attend university without a cedula if they apply at the age of 18, or are forced to leave if they turn 18 while in university.  Therefore, the Government does not ensure equal access to education in violation of its own Constitution and international law. All of this occurs in spite of laws, policies, constitutional provisions and international human rights commitments that are meant to guarantee children’s right to education. The report found that administrative barriers, discrimination and confusion about the law has meant that in practice not all children in the Dominican Republic are able to go to school. 

Have you found it rewarding to research statelessness – why / why not? 
It has been an extremely rewarding experience to research the impact of statelessness in the Dominican Republic.  Not only were we able to build close relationships with experts in the        field, we were able to meet and speak with numerous individuals affected by statelessness and attempt to provide a platform for expression of their experiences.  Each member of our team takes great pride in our efforts to communicate the stories of children and their families in the Dominican Republic in our report and advocacy. Additionally, we hope that our having conducted research in a growing field will open the door to the unique impact that research like ours can have in other contexts.   

What tips would you give to students who are getting involved in statelessness research to help them? E.g. are there particular questions you think they should be looking at or methodological issues they should consider? 
Our experience was improved by the in-depth background research we carried out while we were identifying a research question and a location for field work. Although we began with a broad    topic, based on a proposal from one member of the research team, the process of critically analysing this and a range of other research questions and field sites was extremely helpful. We would suggest that students and researchers who are interested in carrying out research on statelessness go through a similarly detailed process to identify a focus that stands to fill a gap in existing research. We would also particularly encourage other individual researchers and groups to engage in interview-based field research, as this is a powerful means to connect policy-makers with the practical reality of life for stateless people. As our research was completed by a group, we would further highlight the benefit of embracing diverse perspectives and believe that this contributed to the quality of the report that we were able to produce. Finally, we would emphasize the importance of careful planning when undertaking international field research, the requirement of continuously evaluating issues of risk and safety, and the absolute necessity to treat interviewees with professionalism, care, and generally striving to employ the highest ethical standards in carrying out research.

From Statelessness Programme to Institute on Statelessness and Inclusion

After three rewarding, enjoyable and successful years building up an international portfolio of research, training and outreach work on statelessness within the Statelessness Programme at Tilburg Law School, we are pleased to announce that from the 1st of January 2015, we will continue our work under the flag of the newly established Institute on Statelessness and Inclusion. The Institute is an independent non-profit organisation that aims to lead an integrated, inter-disciplinary response to the injustice of statelessness and exclusion. Along with the Statelessness Programme’s Laura van Waas and Zahra Albarazi, the Institute on Statelessness and Inclusion is also co-founded by Amal de Chickera who has been working on statelessness for the Equal Rights Trust in London. The threefold mission of the Institute is to be:

-          An Expert source of impartial, trusted and interdisciplinary research, analysis, information and education on statelessness and disenfranchisement around the world;

-          A Partner who builds connections across disciplines between people concerned about and/or affected by statelessness and disenfranchisement; and

-          A Catalyst for challenging perceptions on statelessness, strengthening protection and forging inclusion and participation.

What will change?

The Statelessness Programme will no longer continue when the Institute on Statelessness and Inclusion becomes operational on the 1^st of January. This means that if you want to continue to follow our work or be involved in our activities, you will have to visit the Institute’s own website: www.InstituteSI.org. If you currently receive the Statelessness Programme newsletter, you will automatically be signed up for the Institute’s mailing list but the new updates will come with a new look and new logo. Our new and more ambitious mission, as well as the involvement of co-founder Amal de Chickera, means that we will strengthen and expand our work so that we can strive to form an effective bridge between academia and civil society / UN / policymakers, but also help new actors to get involved in exploring and finding solutions to statelessness. Our independence will allow us to be more visible, flexible and able to respond to the needs of those working to address statelessness around the world.

What will not change?

Our dedication to the issue of statelessness remains unchanged and this will continue to be the central focus of our work. We will continue to be affiliated with Tilburg University and be present on campus: we will still teach the undergraduate elective ‘Nationality, Statelessness and Human Rights’ and be available for the supervision of bachelor and masters dissertations, as well as to offer student internships when we can. We will continue to offer our statelessness summer and regional courses to professionals and academics working in this field. We will continue to work within and support the efforts of the European Network on Statelessness to improve the response to statelessness within Europe. We will continue to play a role in the International Campaign to End Gender Discriminatory Nationality Laws. And, perhaps most importantly, we will continue to be a source of trusted and impartial research and analysis on statelessness and related issues.

What’s next?

The Institute is currently engaged in a process of consultation, strategic planning and fund-raising, including through a crowd-funding campaign, to cover its start-up costs. To learn more about the Institute, visit its website: www.institutesi.org and its campaign page: http://bit.ly/1D9j7ey. You can support us by spreading the word about the Institute within your networks and sharing our campaign page through social media. 

UNHCR Statelessness Research Award interviews... Lindsey Kingston

In this series of blog posts, we will be asking the students honoured in this year's UNHCR Award for Statelessness Research about their experiences studying the phenomenon on statelessness and their research findings. Third in the series is Dr Lindsey Kingston, whose doctoral thesis entitled "Legal Invisibility: Statelessness and Issue (Non) Emergence", which earned Kingston her PhD in social science from the Maxwell School of Citizenship and Public Affairs at Syracuse University (United States) in 2010, received a special mention from the jury.

     1.       Could you summarise, in 2 or 3 sentences, what your research was about?

Statelessness has serious human rights consequences, yet it receives little attention from the international community. My doctoral dissertation at Syracuse University used the problem of statelessness to better understand the process of issue emergence, or the step in the process of mobilization when a pre-existing grievance is transformed from a problem into a human rights issue.

     2.       What first got you interested in the problem of statelessness?

I first “discovered” the problem of statelessness on a research trip to Thailand in 2005. I was a graduate student at American University, and I had travelled to Thailand to learn about human trafficking. I soon realized that this issue was complicated by statelessness among various hill tribes, and that lack of legal nationality had serious consequences for minority groups.

     3.       Why did you choose this particular research topic?

After returning from Thailand, I had a very difficult time finding any information about statelessness – even from refugee agencies, which were often completely unaware of this problem. When I began my doctoral studies at Syracuse University, I started engaging with literature on social movements and transnational activism to better understand why such a terrible human rights issue wasn’t getting international attention. I found more questions than answers, so I decided to focus my dissertation research on the process of issue emergence within the human rights regime.

     4.       Could you briefly describe how you went about your research? E.g. did you base it on existing sources – and were they easy to find? Did you do fieldwork or interviews – and what was that like?

I conducted qualitative interviews with decision-makers at leading human rights and humanitarian non-governmental organizations (NGOs). I knew it would be difficult to gain access to my interview respondents, since they are incredibly busy people, and several professors warned me to have a “Plan B” in case I couldn’t collect the data. I was surprised (and gratified) to learn that these decision-makers were deeply interested in the questions I was asking, however, and we had some fascinating discussions. I was sure to share my research findings with all of my participants, and hopefully that information will help them in their own work.

     5.       What was the greatest challenge you had to deal with in undertaking your research?

My greatest challenge was that I was studying something that had not happened (at least, not yet): The issue emergence of statelessness on the international human rights agenda. Many of the NGO decision-makers I interviewed were not aware of the problem, or had not considered this issue within their organization. That forced me to broaden my interview protocol to focus on issue emergence in general, and then narrow that discussion to statelessness when possible.

     6.       Could you briefly summarise your main findings or conclusions – or what you think is the most important outcome of your research?

Interview data revealed four characteristic categories that play roles in issue emergence: strategic, environmental, issue, and organizational. Some of these characteristics figure prominently in existing literature, while others do not. Looking specifically at statelessness, the issue faces a number of key challenges for advocates – but it also enjoys a number of strengths that make mobilization possible. The most important outcome of this research is providing recommendations for future advocacy so that this critical issue receives the attention it deserves.

     7.       Have you found it rewarding to research statelessness – why / why not?

Certainly! It is exciting to see new attention to this issue, and I believe that researchers in this field have the ability to enact real change. Statelessness still hasn’t emerged in mainstream ways, but it’s getting there – and recent attention by the UNHCR and various NGOs is incredibly promising. The research community focused on statelessness is small but growing, and it’s composed of a dedicated and supportive group of people. I’m very grateful that these people are out there, and that they are willing to talk about this issue and brainstorm ways to advance this research agenda.

     8.       What tips would you give to students who are getting involved in statelessness research to help them? E.g. are there particular questions you think they should be looking at or methodological issues they should consider?

Clearly there’s still a real lack of solid data for understanding the scope of this problem and its impacts. Field work is vital, particularly so that we can draw direct links between lack of legal nationality and other human rights violations/threats.  

UNHCR Statelessness Research Award interviews... Caroline McInerney

In this series of blog posts, we will be asking the students honoured in this year's UNHCR Award for Statelessness Research about their experiences studying the phenomenon on statelessness and their research findings. Second in the series is Caroline McInerney, whose graduate level paper entitled "Citizenship Laws of Madagascar: Future Challenges for a Developing Nation", University of Virginia School of Law in the United States, won Joint Best Research in the Graduate Category. 

      1.      Could you summarise, in 2 or 3 sentences, what your research was about?

My research focused on the citizenship laws of Madagascar, examining the ways in which specific provisions of the Nationality Code as well as systemic issues in the administration of the laws have created a growing problem of statelessness and access to citizenship in the country. Specifically, my researched looked at the extent to which those who are Muslim or of Indian/Pakistani decent, referred to as Karana, are disproportionately affected by this problem of access to citizenship. I attempted to characterize the impact not having Malagasy citizenship has on the daily lives of these individuals and offer solutions for reforming the citizenship system.

      2.      What first got you interested in the problem of statelessness?

During my undergraduate studies I became involved with the migrant farmworker population in the United States, tutoring English to immigrants from Latin America on diary farms in New York State. Observing first-hand the way issues of citizenship impacted these individuals and forced them to live in the shadows motivated me to pursue a legal degree. I wanted to better understand the laws that dictated citizenship and nationality determinations as well as different countries’ approaches to these problems. Within the field of citizenship and nationality, the problem of statelessness raises particular concerns because not only do these individuals not have legal status in their country of residence, but also they are not legally citizens of any country.

      3.      Why did you choose this particular research topic?

Because of the political turmoil Madagascar has been in since 2008 and the continued efforts to hold elections, I thought it was a unique time to research issues of citizenship in Madagascar. There have been concerted efforts to try and hold elections to restore legitimacy to the government, but I was very curious to understand who among the people in Madagascar actually had the right to vote in these elections. There are many families who have lived in Madagascar for four or five generations that are not able to naturalize as Malagasy citizens and thus will never be a part of the participatory democracy the country is working to create. I wanted to understand what was the cause of the issue of statelessness in the country and what impact lack of access to Malagasy citizenship had on individuals in their daily lives.

      4.      Could you briefly describe how you went about your research? E.g. did you base it on existing sources – and were they easy to find? Did you do fieldwork or interviews – and what was that like?

Statelessness in Madagascar was relatively under researched. Some sources have identified the issue, but there was a lack of research concerning the scope of the problem or the root causes. My research was driven in large part by the fieldwork I did in Madagascar as well as sources I was able to find that provided some background history of the Karana and Muslim communities in the country. Madagascar’s Nationality Code is rather complex and one focus of mine was to understand to what extent the text of the Code was the cause of the problem verses the administration of the system. I did a thorough analysis of the language in the Code breaking down the different pathways to citizenship and identifying possible gaps in protection. I coupled this with interviews I had in country that explained how the Code was implemented in practice. Madagascar has ratified several international conventions that deal with issues of access to citizenship, gender rights, children’s rights, and discrimination. I examined whether the Nationality Code in its text and in its operation adheres to these standards. My fieldwork helped me gain a better perspective of what impact not having citizenship has on individuals’ daily lives. I also observed first-hand how the different communities, Malagasy, Karana, and Muslim, intersect in Malagasy society. A better understanding of the racial and ethnic divides in the country allowed me to identify what barriers existed to reforming the citizenship system and some potential avenues for change.

      5.      What was the greatest challenge you had to deal with in undertaking your research?

Individuals facing issues of citizenship or statelessness are often unwillingly to speak openly about the problem. Sometimes those most impacted are purposefully hidden in the shadows for their own safety. Those who I did speak with in Madagascar were occasionally cautious of speaking candidly about the situation because they did not want to be the instigator of unrest or start conflict between the Karana, Muslim, and Malagasy communities. Moreover, there is no existing institutional structure within the country that is working with stateless individuals or looking at the issues of access to citizenship. My approach was to focus on accessing the communities most impacted by these issues, speaking with leaders in the Muslim and Karana communities.

      6.      Could you briefly summarise your main findings or conclusions – or what you think is the most important outcome of your research?

Statelessness as well as access to Malagasy citizenship is a significant problem in Madagascar. Many foreigners who have been in the country for generations are still waiting to be naturalized. The Karana, who are estimated to contribute close to one-third of the country’s GDP, are disproportionately affected by this problem. While some of these individuals have been able to acquire citizenship of another country, precluding them from accessing Malagasy citizenship is a problem from a development perspective. These indivdiuals may be less likely to invest in the country if their legal status in Madagascar is uncertain. As the country develops having Malagasy citizenship will become more important for accessing social services and participating in the democratic life of the country. Continuing to marginalize a significant portion of the population in Madagascar could lead to civil unrest. The government has the opportunity now to peacefully reform the citizenship system and build a strong foundation for a vibrant participatory democracy in the future. There are deep racial tensions underlying the issue of statlessness and access to citizenship, but Madagascar can start by amending the Nationality Code to more closely align with the international conventions it has ratified. The country can also do more to address institutional barriers to accessing citizenship and work to promote integration of the Muslim and Karana communities.

      7.      Have you found it rewarding to research statelessness – why / why not?

Researching statelessness is very rewarding because it focuses on helping individuals who are deprived one of the most basic human rights, the right to be a citizen of a country. It also gives a voice to people who may not be able to speak out on their own behalf because they have well founded fears for what might happen if they draw attention to themselves, their communities, and their status.

      8.      What tips would you give to students who are getting involved in statelessness research to help them? E.g. are there particular questions you think they should be looking at or methodological issues they should consider?

I think it important to understand the cultural and historical factors that may be contributing to the problem of statelessness. Being able to spend time in the field is helpful in this regard. Even informal conversations that take place while doing fieldwork, that may not directly deal with the problem of statelessness, are helpful in framing the issue. Also, be cognisant of what role you play in the conversation. Often your own gender, race, and ethnicity can change the shape of the conversation. Be aware of this and consider mechanisms for overcoming this while in the field. 


Caroline McInerney will complete her J.D. degree at the University of Virginia School of Law (UVA) in May of 2014. She graduated with honors from Cornell University, School of Industrial and Labor Relations in 2011. As an undergraduate, McInerney worked with the immigrant farmworker population in upstate New York teaching English. Through field research she also developed a domestic fair trade proposal to improve migrant conditions. Her research has focused on the intersection of immigration and labor issues as well as refugee rights. McInerney’s honors thesis at Cornell explored the impact of extraterritorial border enforcement on refugees. Working at the United Nations International Labour Organization in Geneva, she contributed to a book titled Making Migration a Development Factor: The Case of North and West Africa and coauthored the working paper, Youth Employment in Crisis. At UVA McInerney volunteers with the Migrant Farmworker Project and the Capital Area Immigrants’ Rights Coalition. She is the Submissions Review Editor for the Virginia Journal of International Law. She spent the summer of 2012 working with asylum applicants at Sanctuary for Families in New York City. Most recently McInerney conducted fieldwork in Madagascar studying the issue of statelessness among the Muslim and Indo-Pakistani populations.

UNHCR Statelessness Research Award interviews... Eva Mrekajová

 

In this series of blog posts, we will be asking the students honoured in this year's UNHCR Award for Statelessness Research about their experiences studying the phenomenon on statelessness and their research findings. First up is Eva Mrekajová, whose Master of Laws thesis on the "Naturalization of Stateless Persons", written at Tilburg University, won Joint Best Research in the Graduate Category.

1.     Could you summarise, in 2 or 3 sentences, what your research was about?

Firstly, I tried to identify international obligations of states relating to attribution of nationality via naturalization and to formulate international and European standards for facilitated access to citizenship for stateless persons. Secondly, in light of these standards, I was comparing national regimes of three states – Estonia, Hungary and Slovakia - and in particular, material and procedural aspects of naturalization. Finally, I briefly discussed the potential of facilitated naturalization as an effective measure against statelessness.

 

2.     What first got you interested in the problem of statelessness?

Statelessness was for me a totally new area when it firstly caught my attention. Tilburg University, where I completed my LL.M. programme, runs a Statelessness Research Programme and that is how I started to be interested in the issue. And because statelessness as a global phenomenon is still a relatively underresearched area, it poses many interesting questions which still are to be answered.

 

3.     Why did you choose this particular research topic?

I was looking for a topic which would be sufficiently narrowed down and at the same time new enough to allow me to contribute to the existing body of research. I found the concept of facilitated naturalization of stateless persons to be just this topic. Naturalization of stateless persons has the potential of being a durable solution for statelessness, but the duty of facilitated naturalization under international law is very soft, and there are no clear guidelines explaining what actually amounts to facilitated naturalization. States therefore need to be informed and become aware of possible difficulties the stateless persons may face to become more encouraged to facilitate the procedure. This was the goal of my research.

 

4.     Could you briefly describe how you went about your research? E.g. did you base it on existing sources – and were they easy to find? Did you do fieldwork or interviews – and what was that like?

First of all, is important to mention that there had never been done separate research on the issue, so I worked mainly with sources relating to statelessness and nationality law as such, as well as national legislation and international documents. Moreover, the second part of my research, the comparative study of the national regimes, was conducted also in cooperation with national experts in the form of interviews and consultations. I have to say that I highly appreciated their willigness to contribute to my research because it was particulalry this cooperation which helped me to fully understand the nationality law and practise relating to naturalization in all states, what was crucial for my research.

 

5.     What was the greatest challenge you had to deal with in undertaking your research?

The most challenging was to work out the approach to presenting the findings of the comparative part. I was looking for some visual way to do that. Finally, thanks to Vadim Poleshchuk, nationality expert from Estonia, I started to work with MIPEX 2010 Indicators, which I adjusted to be able to assess particular national regimes and to draft corresponding radar charts. I believe that this helped me to present my findings in a very clear and comprehensive way.

 

6.     Could you briefly summarise your main findings or conclusions – or what you think is the most important outcome of your research?

It is important to realize that the obligation to protect stateless persons and to reduce statelessness may be derived not only from international instruments dealing explicitly with this issue but indirectly also from human rights law. The right to nationality, together with the obligation to avoid statelessness and prohibition of arbitrary deprivation of citizenship consequently strengthen the obligation to facilitate access to citizenship. However, the practical application and enforcement of facilitated naturalization of stateless persons may be further influenced by political, historical and psychological aspects. Therefore, it is not always the most effective solution and other options should be considered depending on the source of statelessness and the context of a particular society. Nevertheless, I do think that facilitated naturalization could be one approach to reducing statelessness and it can be a good one, especially if applied as part of a complex policy of reduction of statelessness, in accordance with international standards.

 

7.     Have you found it rewarding to research statelessness – why / why not?

I enjoyed my research for two main reasons: due to the lack of other substantive research on the issue I had enough space to present my own assessments and conclusions, which was particularly rewarding, because I saw how much knowledge I gained about the issue since the beginning of my research. Secondly, I enjoyed very much the communication with all the experts I contacted and the cooperation with my thesis supervisor, which were both not only immensely helpful but also inspiring, considering their knowledge and experience.

 

8.     What tips would you give to students who are getting involved in statelessness research to help them? E.g. are there particular questions you think they should be looking at or methodological issues they should consider?

My general advice would be to find a topic you can relate to, especially if you are just delving into the problem of statelessness. That was why I decided to frame my research for European countries. In my opinion, it is simply not enough to just read the particular law, it is also important to fully understand the setting in which it operates, which in many cases means to understand fully also its political and historical background. Not considering these may leave the research findings flat and distorted.

 

Eva Mrekajová, originally from Slovakia, obtained the LLM International and European Public Law Degree with Human rights specialization from Tilburg University where she graduated cum laude in July 2012 as a recipient of Tilburg University Scholarship for Academic Excellence. In addition, she has a Master Degree in Law from Comenius University in Bratislava. Later, she completed a traineeship at the Research and Documentation Directorate at the Court of Justice of the European Union, where she subsequently stayed as an administrator for Slovak law for two more months. Currently she is interning at the Statelessness Unit of the Department of International Protection at the UNHCR HQ in Geneva. Besides she is working on various projects reflecting her main areas of interest, namely, the right to education, protection of minorities and different aspects of migration.

UNHCR and Tilburg University announce winners of Statelessness Research Award

Today, the Office of the UN High Commissioner for Refugees (UNHCR) and Tilburg University on Friday named the inaugural winners of the UNHCR Award for Statelessness Research. The announcement coincides with the anniversary of the 1954 Convention relating to the Status of Stateless Persons (tomorrow, 28 September).

The winners…

In the undergraduate category, the winner is Amanda Cheong, whose thesis "Changing Conceptions of Citizenship Among Stateless Chinese-Bruneian Immigrants in Vancouver," was nominated by the Department of Sociology at the University of British Columbia in Canada. Cheong selected one of the world’s least-known situations of statelessness as the subject of her research: the Chinese minority of the Sultanate of Brunei Darussalam. Cheong explores the implications of statelessness for peoples’ life chances in Brunei, looks at how international migration has been adopted as one response to this situation and how the exposure of those who have settled in Canada to a new and very different citizenship model has changed their understanding of the relationship between the individual and the state. She bases her analysis on oral history interviews with 13 Chinese-Bruneians who migrated to the Greater Vancouver area between 1974 and 2011. The Jury was impressed by this original data collection and the manner in which both the methodology and the findings are presented, concluding that this well-refined and informative sociological study provides a useful contribution to deepening the understanding of statelessness. The Jury further made an honourary mention of Ms. Sára Heinik’s undergraduate level work entitled The Elimination and Reduction of Statelessness in International Law-making and its Effectiveness. This thesis, submitted to Corvinus University of Budapest (Hungary) as part of an undergraduate programme on International Relations, provides a comprehensive and well-written overview of international law governing the problem of statelessness.

In the graduate category, the jury named two winners. The first is Eva Mrekajová, whose Master of Laws thesis on the "Naturalization of Stateless Persons" was nominated by the Department of International and European Law at Tilburg University. Mrekajová undertakes a highly methodical comparative study of the legal practice surrounding the naturalisation of stateless people in three European states. The second winner is Caroline McInerney, whose independent study paper entitled "Citizenship Laws of Madagascar: Future Challenges for a Developing Nation" was nominated by the University of Virginia School of Law in the United States. McInerney presents an extensive review of the content of the Malagasy nationality regulations and identifies how the law is serving to create and perpetuate cases of statelessness in the country. Both of these students identified highly original research questions and, in working to answer them, they demonstrated a thorough understanding of the issues at stake and a strong analytical ability, such that their work offers a tangible contribution to furthering the study of statelessness.

Eva receiving her Award certificate from UNHCR's Director of International Protection, Volker Turk

No prize in the doctoral category was awarded this year, but the Jury was greatly impressed and encouraged by the diversity, ingenuity and quality of the undergraduate and graduate-level nominations received and, in its report, expressed confidence that “a new generation of talented young scholars will choose to pursue further studies in this field and looks forward to reviewing the fruits of this labour in years to come”. The Jury also made an honorary mention of Lindsey Kingston’s doctoral thesis entitled Legal Invisibility: Statelessness and Issue (Non) Emergence, which earned Kingston her PhD in social science from the Maxwell School of Citizenship and Public Affairs at Syracuse University (United States) in 2010. In it, Kingston sets out to uncover and explain why some issues make it onto the international agenda and others do not, using statelessness as a case study. The Jury considered the thesis to be worthy of a special mention because it has clearly demonstrated the value of statelessness as a case study within research that explores related themes (in this case, issue-emergence) and hopes that it will serve as a source of inspiration to other young researchers in this respect. The Jury also pointed out that the fundamental question it identifies and dares to pose with regards to the ‘non-emergence’ of statelessness is an extremely pertinent and timely one, using its report to encourage all those concerned with pushing statelessness up the international agenda to give due consideration to the concrete, practical and valuable recommendations that Kingston draws from her research.

Background to the award…

In early 2013, UNHCR and Tilburg University’s Statelessness Programme invited academic institutions to nominate excellent research at the undergraduate, graduate and doctoral levels in the field of statelessness for the newly established UNHCR Award for Statelessness Research. In this, its inaugural year, a total of 15 nominations were received, spread across the three award categories. The nominations were submitted by academic staff from 13 different universities, across eight countries. The research represented a variety of disciplines, including international law, political theory, sociology, international relations, social science and cultural psychology.

Following a detailed review by a committee within Tilburg Law School, a shortlist of eligible, top-quality research pieces was drawn up and forwarded to the International Expert Jury for their assessment. In accordance with the Award guidelines, the papers and dissertations were judged on the basis of four main criteria: 1) Contribution to increasing understanding of the nature and scope of the problem of statelessness, identifying stateless populations and understanding the reasons which have led to statelessness; 2) Timeliness and importance of selected topic; 3) Quality of research; and 4) Quality of writing.

In 2013, the Jury members who assessed the undergraduate and graduate level nominations were: Prof. Kohki Abe (Kanagawa University, Japan), Prof. Khadija Elmadmad (Rabat University, Morocco), Dr. Benyam Mezmur (University of the Western Cape, South Africa), Prof. Peter Spiro (Temple University, United States) and Prof. Carmen Tiburcio (Rio de Janeiro State University, Brazil). The Jury members who assessed the doctoral level research were: Prof. René de Groot (Maastricht University, the Netherlands), Dr. Sriprapha Petcharamesree (Mahidol University, Thailand) and Prof. Kim Rubenstein (Australian National University, Australia). The Jury was co-chaired by Mr Mark Manly (Senior Legal Coordinator Statelessness, UNHCR) and Dr Laura van Waas (Tilburg University’s Statelessness Programme) who reviewed all of the nominated work and jointly compiled the Jury report presented below, based on the assessments made by all of the aforementioned Jury members.

In early 2014, UNHCR and Tilburg University will put out a new joint call for nominations of students’ work which offers a clear contribution to increasing understanding of the nature and scope of the problem of statelessness, identifying stateless populations and understanding the reasons which have led to statelessness, in particular in regions or within disciplines where little research has been done. The 2014 UNHCR Award for Statelessness Research Nomination Guidelines will be made available via the website of the Statelessness Programme and of UNHCR.

 

 

Refworld: A key resource on all things statelessness!

Refworld, a leading online resource containing valuable legal, policy and academic information relating to asylum seekers, refugees and internally displaced persons compiled by UNHCR, also holds a wide range of resources relating to statelessness. These resources can be found on the regularly updated Statelessness Special Features Page, available at: http://www.unhcr.org/refworld/statelessness.html

 

The Statelessness Special Features page gives Government authorities, legal practitioners, NGOs, students, stateless persons and interested individuals, access to the most up-to-date legal, policy and practical documents relating to statelessness. For example, the page includes updates and maps on the most recent accessions to the two international statelessness conventions, a comprehensive list of the most important UNHCR policy and guidance documents relating to statelessness, a global database of current nationality laws, recent country studies on statelessness situations around the world and links to key organisations working on statelessness issues globally.

This explanatory text about Refworld is courtesy of UNHCR's Statelessness Unit, Geneva

GUEST BLOG: Mapping Statelessness in the United Kingdom

For too long, the situation facing stateless people in the UK has been little understood.  In light of this in November 2011, and on the 50^th anniversary of the 1961 Convention on the Reduction of Statelessness, Asylum Aid and the UN Refugee Agency (UNHCR) published a joint research report Mapping Statelessness in the United Kingdom.

This year-long research was motivated by a desire to shed light on this hidden issue – basically to better understand the situation and to see what government could do to improve the way it treats stateless persons in the UK.  There were three main goals. Firstly to evaluate available data sources in order to map the number and profile of stateless persons in the UK. Secondly to gain an in-depth understanding of the situation faced by stateless persons by carrying out 37 semi-structured interviews in 10 cities across the UK. Thirdly to analyse national law, policy and practice in light of the UK’s international obligations.

It is to the UK’s credit that it is one of only 37 states that have ratified both the 1961 Convention on the Reduction of Statelessness and the 1954 Convention on the Status of Stateless Persons. Yet at the same time the report findings bring home the reality that ratification without proper implementation is not enough to adequately protect the rights of stateless persons. While British nationality law is generally effective at preventing statelessness among children born in the UK, there remains significant scope for improvement in the way the UK treats stateless migrants. Many of the key findings from the research relate to problems flowing from the fact that at present the UK does not have a dedicated or accessible statelessness determination procedure. This limits the ability of the UK authorities to identify which individuals are stateless in order to confer the rights owing to them under the 1954 Statelessness Convention and international human rights law.

We identified several key recommendations. Firstly the UK needs to reform its data management systems in order to more accurately record the size of the stateless population. Secondly improved guidance and training is required to enable decision-makers to better identify stateless persons who come into contact with immigration control. Thirdly the UK should follow the example of other European states by introducing a dedicated statelessness determination procedure. Fourthly this should be combined with a grant of lawful immigration status for those individuals recognised as stateless and who lack a right of residence in any other country.

Otherwise, and without any means to regularise their immigration status, stateless persons will continue to be left in limbo and at risk of destitution, arbitrary detention and other human rights infringements. Of the 37 persons interviewed for the research 12 had been detained and 28 had experienced destitution (11 of whom had spent periods sleeping rough on the streets). The vast majority had been compelled to claim asylum because that was the only route open to them but if refused found themselves left in a nightmarish legal limbo with no solution in sight. A robust statelessness determination procedure would not only reduce the risk of human rights infringements but would also help relieve pressure on an already over-stretched asylum system. Asylum Aid will be advocating that any new determination procedure should be based on forthcoming UNHCR Guidelines on the proper identification of statelessness.

As well as seeking to continue a constructive dialogue with the UK authorities about how to implement the report’s key recommendations, Asylum Aid will continue its awareness-raising and capacity-building work to help equip civil society organisations to better identify and respond to the needs of stateless persons. We will also continue to engage at the pan-European level, including through involvement with the European Network on Statelessness (ENS) bringing together non-governmental organisations, academic initiatives, and individual experts committed to address statelessness in Europe by conducting and supporting legal and policy, awareness-raising and capacity-building activities. The setting up of this network is testament to an increased understanding of the need for European governments and civil society to be better able to pick out stateless persons from their caseloads or populations of concern. The UK statelessness research, along with the recently published UNHCR mapping study in the Netherlands, also point to the critical importance of and provide a possible model for similar research in other European countries in order to raise awareness about this important but hidden issue.

Mapping Statelessness is, hopefully, the start if a much-needed conversation about statelessness in the UK and beyond – and one that concludes in a lasting and fair solution for those devastated by its effects.

Chris Nash, Asylum Aid

The full UNHCR/Asylum Aid report Mapping Statelessness in the United Kingdom is available at http://www.asylumaid.org.uk/data/files/publications/mapping_statelessness.pdf

For further information about the report or Asylum Aid’s work on statelessness contact Chris Nash at chrisn@asylumaid.org.uk