iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
GET UPDATES FROM Eric Schwartz
 

Recognizing Statelessness

Posted: 09/08/11 04:18 PM ET

The role of government in our lives is now the subject of pitched debate in Washington and throughout the country. But no matter your view on this contentious issue, nobody questions the profound responsibility of public institutions, here and abroad, to safeguard basic rights against discrimination, to equal justice and to political participation.

Sadly, those rights are denied to some 12 million people around the world who have been denied citizenship -- rendered stateless -- often by discriminatory national policies that exclude minorities even when they have lived in a country for decades or centuries and have well-established ties to both the land and culture of their places of residence.

From the Roma in Europe, to Dominicans of Haitian descent, to Bidoon in Kuwait and other countries, stateless communities suffer from marginalization and neglect. Most lack identity documents and cannot register a marriage, death, or birth of a child. Without documentation, many stateless people cannot open a bank account, own property, find legal employment, access public health services or enroll in school. And because they have nowhere else to go, they -- and their children, and their children's children -- live in a state of permanent uncertainty.

This year marks the 50th anniversary of the UN Convention on the Reduction of Statelessness, and it is a fitting time to consider the current dimensions of this terrible problem, which first gained international attention when the Nazis systematically denationalized German Jews. In its own effort to focus attention on the issue in this anniversary year, the United Nations hosted a photo exhibit on statelessness at its headquarters in New York this summer, which graphically depicted the dimensions of the problem and offered powerful contemporary stories of stateless people in Nepal, Kenya, the former Soviet Union and elsewhere.

2011-09-08-HuffPopixels.jpg
A young Muslim girl (Rohingya) picks up her identity document provided with UNHCR assistance in Burma's N. Rakhine State. (Photo courtesy of UNCHR)

Among the most egregious stories are those of the Rohingya, a Muslim minority from Burma's Northern Rakhine State who have lived in Burma for centuries, but were excluded from the country's 1982 citizenship law and continue to suffer persecution, including forced labor, confiscation of property, rape, and other forms of violence. While approximately 750,000 Rohingya remain in Burma, an estimated three million Rohingya have fled to Bangladesh, Thailand, Malaysia, India, Saudi Arabia, and other countries in the region. Although some have been recognized as refugees, many others lack documentation and are at risk of arbitrary arrest and detention, deportation back to Burma, human trafficking, and other abuses. The Obama Administration is working with other donor governments, international and non-governmental organizations, and affected countries in the region to provide assistance to the Rohingya and identify durable, humane, and comprehensive solutions for their plight.

Globally, the U.S. government is concerned about statelessness as a human rights and humanitarian issue that impacts prospects for democratization, economic development, and regional stability. U.S. diplomats around the world are working to persuade other governments to amend nationality laws that discriminate against women and minorities and cause statelessness, provide documentation to stateless persons, protect them from abuse, and ensure they have access to basic services. And we are the single largest donor to the Office of the UN High Commissioner for Refugees (UNHCR), the agency mandated to protect stateless people, contributing over $700 million last year.

Happily, the laws of the United States do not contribute to the problem of statelessness; we grant citizenship through birth in the United States, birth abroad to a U.S. parent if statutory requirements are met, and through naturalization. To be sure, certain provisions of the 1961 Convention would make it difficult for the United States to move toward ratification -- for example, the Convention limits voluntary renunciation of nationality in ways that would conflict with the right to voluntary expatriation that is recognized under U.S. law. Nonetheless, we support the objectives and principles of the 1961 Convention as well as the 1954 Convention relating to the Status of Stateless Persons, and we believe other governments should consider accession and implementation as a means to minimize statelessness.

Preventing and reducing statelessness requires first that governments, civil society groups, and international and regional organizations recognize the problem, its causes, and the suffering and indignities it inflicts on millions of people around the world. But recognition is not enough -- governments around the world must be pressed to take strong action to address this eminently solvable problem and ensure a brighter future for millions of disenfranchised and vulnerable people.

Eric P. Schwartz is U.S. Assistant Secretary of State for Population, Refugees, and Migration.
 
 
 
  • Comments
  • 17
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
photo
HUFFPOST SUPER USER
noiz001
05:10 PM on 09/09/2011
** Pediction **
Within 20 posts this entire thread will focus purely on the Palestinians, of which do not fall under UNCHR.
This user has chosen to opt out of the Badges program
photo
Trollstein
Once you go Schwartz, you never go back baby
04:56 PM on 09/09/2011
The United States authored the "Universal Declaration of Human Rights" which, among other things calls for every person in the world to be guaranteed food, shelter, clothing and basic medial care. 60-something years later we don't offer those rights to our own citizens. But it is time that the list be expanded to include natural (citizen) status for all people natural born, something we DO provide. The principle should be added to the United Nations Charter.
12:37 PM on 09/09/2011
There are 12 million people in the US who are abused and marginalized, and scapegoated for all the ills of US. Maybe there should be something done about that, before talking about people in Kuwait or Roma of Europe. There is also 1.5 million people who are kept in essentially a prison camp in Gaze, as a US Assistant Secretary, and with great relationship with Israeli authorities, Mr Schwartz can single handedly influence repairing this calamity as well in a quick order.
04:28 PM on 09/09/2011
Hamas is in charge in Gaza. If there are prisoncamps in Gaza, it is up to Hamas to do something about that. There are similarly prisoncamps of Palestinians in Lebanon, where Hezbullah is a majority government party, in Jordan and in Syria. These Palestinians do not fall under UNHCR, as do all other refugees. They fall under UNWRA. Just last week or so, we had a conversation going with a representative of UNWRA right here on Hufpost. Repairing the Palestinian calamity is best done similarly to the way other refugees are being dealt with. They should have the right for their children, born in those countries, such as Lebanon, Syria and Jordan, to.have a right to citizenship in those countries, as is the case in the U.S. and many, if not most, other countries. They also should have the right to the status of Resident Alien, with a right to apply for citizenship after five years, under the proviso that they have a clean record, have employment, and all the requirements such countries require of regular immigrants. No, Mr. Schwarz can not singlehandedly influence or repair that calamity. He would run into colission with UNWRA, Palestinians and most Arabs in the ME.The right to vote is usually only given to citizens, but the ability to apply for citizenship and receiving it, would attain that civil right.Palestinians could then also apply for passports, travel and spread their wings, find employment elsewhere, or a home, etc.
This user has chosen to opt out of the Badges program
photo
Trollstein
Once you go Schwartz, you never go back baby
04:48 PM on 09/09/2011
Mainly agree Momma except that (sadly) most countries in this world do NOT provide aiutomatic citizenship to those native born. Mainly "Western" countries have this policy. It should be international law.
This user has chosen to opt out of the Badges program
photo
06:17 PM on 09/09/2011
Out of curiousity, who are the 12 million people in the US who are abused and marginalized.
06:23 PM on 09/08/2011
Schwartz has everything he needs here to get it right, and then just gets it all completely wrong.

He's correctly identified that it's a huge problem that some people treat roughly 12 million other people as something less than human, to be marginalized, abused, ignored and excluded from society -- at the best of times -- simply because they lack certain government paperwork.

As he's a professional governmental bureaucrat himself, we should perhaps not be surprised that his blind spot is so large. A real solution to this problem -- and others like it -- it to get people to quit being such jerks to other people over paperwork. Naturally, Schwartz's prescription is more paperwork.

Schwartz's commentary on why the US isn't party to the statelessness treaties is risible, and has nothing to do with "the right to voluntary expatriation that is recognized under U.S. law." It has much more to with, for instance, the provisions mandating that signatory states treat legally resident stateless persons in their territories at no disadvantage relative to citizens or legally resident citizens of other states.

Mike Gogulski
Stateless ex-American
04:40 PM on 09/09/2011
Mike, as a stateless person, you will know firsthand that papaerwork is a first requirement for everything and anything. Birth certificates, parentage, place of birth, everything must be documented and everyone must do it. In the case of inheritance, for example, a stateless person without papers gets nothing, because he can not prove who he is.

Legal resident aliens do not have exactly the same rights, or responsibilities, as citizens. That depends in many cases in how long in any given year they actually reside in a country, and if they have legal residence there, i.e. they have a long term lease, or they own property, they work there, or have a business there. There are Treaties on the Internet which spell that out for individual countries and some other countries', for example with respect to the U.S. Such Treaties are also in place with respect to insurance, i.e. pensions, etc., taxation and more. None of that is possible without paperwork. If you can not document who,or what, you are, or from whence you came, good luck!!
Citizens are documented and have paperwork, Mike. They pay Insurance ( taxes, such as in the U.S. Social Security, Medicare, Federal Income Tax, State tax, etc.), aand because they PAY they have *rights*. Because they are legal and documented, they have not only rights, they also have obligations.Do, do not rail against paperwork. It may actually help you. It is a necessity.
03:36 PM on 09/08/2011
This shows the typical hypocrisy of the US State Department. Lot of nice platitudes about "stateless" communities, but at the same time the US State Department is leading the charge trying to derail the Palestinians attempt to obtain recognition of statehood before the UN this month.

I also did not see anything in here about the State Department, or any other branch of the US government, working to try to try to bring recognition to the disenfranchised workers in Kuwait, who even if born there (indeed, even if their families have been there for several generations) cannot obtain citizenship because they cannot trace their ancestry to a recognized Kuwaiti citizen. Could this have anything to do with the fact that Kuwait is relatively politically stable and a large exporter of oil?

The US State department has as many faces as it deems appropriate for the occasion and, consequently, diluted credibility on just about every significant issue.
This user has chosen to opt out of the Badges program
09:44 PM on 09/08/2011
http://en.wikipedia.org/wiki/Transjordan
There is your "Palestinian" state
04:48 PM on 09/09/2011
Citizenship issues of Palestinians do not fall under the jurisdiction of the U.S. government. Application for Statehood by Palestinians is a very different subject. The case of Palestinians must be viewed under the subject of REFUGEES. All Refugees, EXCEPT the Palestinians fall under UNHCR, who fall undeer the UNWRA. The issue discussed by this blogger is STATELESSNESS, a matter associated with civil rights issues, NOT the formation of a new State.

It is the host countries, in your example of Palestinians the Arab host countries, such as Kuwait, which you mention, and Lebanon, Syria and Jordan which you did not mention, and in th case of Palestinians also the UNWRA and its regulations which makes the situation for Palestinians unliveable, I will be the first one to admit that. The first thing to do is to bring them under the UNHCR, work on rights to apply as resident alien first, then citizenship and for children born in those countries to acquire citizenship there by reason of their birth.
03:34 PM on 09/08/2011
Dominicans of Haitian dissent have Haiti as a state, no? Maybe I'm confused.