Matt Robinson and Tyler Harbottle: Project Proposal on Statelessness

Background

The Office of the United Nations High Commissioner for Refugees (UHNCR) estimates there are 12 million stateless persons worldwide. 

Stateless persons generally lack the basic rights afforded to nationals of their host state; they are often refused the right to work, the right to basic education, legal protections, and health and other state services. Stateless persons are effectively pushed to the margins of society and prevented from reaching their full human potential. 

It is often the case that people become stateless due to political or racial motivations, but it can also occur simply because of legislative gaps or inconsistencies between or within countries. It is an issue that affects people in developed and developing countries, and it spares neither adults nor children. 

Considerations

Two early international conventions are directed at preventing or supporting stateless persons: the Convention Relating to the Status of Stateless Persons, 1954, and the 1961 Convention on the Reduction of Statelessness. To date, there are approximately 65 and 35 parties, respectively, to the conventions. Canada is not a party to the former, but has ratified the latter.

Bearing in mind the limited number of signatories and ratifying parties to the two conventions, there has been very little specific international action to reduce this issue. 

Argument

We will argue in a jointly authored paper and presentation that nearly every nation has an obligation to take meaningful steps to end this issue. We will contend that certain international mechanisms, such as the Universal Declaration of Human Rights and the Convention on the Rights of the Child, include Articles that demand signatory nations recognize or at the very least accord a measure of rights to stateless men, women and children.

We will argue that countries in which ratified treaties are incorporated into domestic legislation have a legal imperative to recognize their stateless populations. In the case of countries such as Canada where international treaties serve to guide the judiciary in interpreting laws, we will argue that the failure to recognize stateless populations is inconsistent with treaty obligations.

Possible Research Directions

Presentation:

We will introduce the topic of statelessness by examining two stateless populations. The two case studies will examine the plight of Roma in Europe, and Nubians in Kenya. We will outline what we see as the fundamental causes of statelessness today and make recommendations for change.

Paper:

Building on our research findings, we will co-author a draft private member’s bill for the House of Commons, which would implement the Convention Relating to the Status of Stateless Persons. We will seek a Member of Parliament (MP) to introduce the bill and if appropriate, draft a letter to MPs outlining our argument for why Canada has an opportunity to become an international leader in the effort to reduce statelessness. 

Comments

[Michael Byers]

I love the idea of a private members bill. You could also try pitching it to the Minister of Citizenship, Immigration and Multiculturalism. At worst, all he can say is no! But first, you have to examine the Convention closely and analyze what, if any, impact it will have on Canada. Will it impact on provincial rights? Will it require changes to Canadian foreign policy? To foreign aid policy? To our refugee determination rules and procedures? And what would the benefits and risks be in terms of domestic politics? Imagine yourself in the shoes of the Minister: anticipate his questions and answer them now.

It might also be worth considering making a proposal for a new treaty or mechanism to address the issue. For example, take the concept of "global citizenship" and the situation where the UN exercised diplomatic protection for Palestinians before the UN Compensation Commission (set up after the first Gulf War). See my book Intent for a Nation on this. Should a form of UN citizenship be accorded to stateless people, and what would that entail?

Keep up the great work!