Statelessness, identity cards and citizenship as status in the case of the Nubians of Kenya

Statelessness as a legal and political problem has attracted increasing attention from scholars and international advocacy organisations in recent years. This attention has predominantly focussed on the legal aspects of statelessness, and has generally held the acquisition of citizenship documentation as the primary goal in remedying citizenship deprivation. This article explores the merits of this focus through a case study of the Nubians of Kenya, widely considered stateless until recently. The article connects the focus on citizenship as documented status to a liberal conception of citizenship. The article identifies the ways in which this approach is helpful, that is, as a means of pursuing legal status and possession of individual rights. It then goes on to identify more important ways in which a liberal conception of citizenship falls short of accounting for the Nubians’ citizenship problems by neglecting the more collective dimensions of citizenship practice and recognition.

Statelessness as a Human Rights Issue: A Concept Whose Time Has Come?

The protection of stateless persons has long been understood as a challenge for the international community, yet for many of the past sixty years a prioritised focus on refugees has dominated, indeed arguably eclipsed, the plight and protection needs of stateless persons. Guy Goodwin-Gill has long argued for a refocus of international attention and effort on the plight, predicament and protection needs of stateless persons. In a seminal contribution over two decades ago he observed that at that time, statelessness was perceived by many as a mere ‘technical problem,’ yet ‘statelessness is indeed a broad human rights issue, even as it retains a distinct technical dimension.’ In this contribution, we examine the challenge set by Goodwin-Gill for the international community, namely, the need for greater recognition and protection of stateless persons, in light of developments over the more than two decades that have passed since his incisive analysis. We celebrate the positive developments and identify areas of ongoing challenge. We focus on the key initiatives he identified as requiring attention, and assess progress that has been made in relation to each, while concentrating predominantly on the need for closer attention to the relevance of developments in human rights law.

Understanding statelessness

Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area.　They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward.

Europe and its (tragic) statelessness fantasy: the lure of European private law, post-national governance and political order

This book presents the first comparative and multi-disciplinary investigation into what is the process to Create a supra-national entity in which it is the classic forms of law and politics. In arguing that the post-modern phase of the 'Europeanization of Europe' is the continental paradigm of the doctrine, the concept of the "depoliticization" and "dejuridification" of the world, Siliquini Cinelli explains why its statelessness is profoundly linked to the Global '(a-) spatial turn' that is legal and sociopolitical theories are undergoing. (Noun, masculine) (Auch: the European Union, the European Union, the European Union, the European Union, the European Union) A banking union. Later, Siliquini Cinelli's comparative and inter-disciplinary approach for a thorough reconsideration of this project through an inquiry into (1) the lure of European private law as a particular type of 'stateless law'; (2) the several pluralist channels of soft-networked post-national governance. And (3) the challenges of the political order within the EU's boundaries.

Understanding Somali Piracy: Beyond a State-Centric Approach

Dr. Maria N Ivanova; Professor Dr. Christoph Scherrer

A ausência de nacionalidade como fator de risco à condição do cidadão estrangeiro: a questão jurídico-social dos apátridas como uma nova construção do pensamento jurídico internacional

Pós-graduação em Direito - FCHS

Citizenship Deprivation: A Normative Analysis. Liberty and Security in Europe No. 82, 19 March 2015

Most critical analyses assess citizenship-deprivation policies against international human rights and domestic rule of law standards, such as prevention of statelessness, non-arbitrariness with regard to justifications and judicial remedies, or non-discrimination between different categories of citizens. This report considers instead from a political theory perspective how deprivation policies reflect specific conceptions of political community. We distinguish four normative conceptions of the grounds of membership in a political community that apply to decisions on acquisition and loss of citizenship status: i) a ‘State discretion’ view, according to which governments should be as free as possible in pursuing State interests when determining citizenship status; ii) an ‘individual choice’ view, according to which individuals should be as free as possible in choosing their citizenship status; iii) an ‘ascriptive community’ view, according to which both State and individual choices should be minimised through automatic determination of membership based on objective criteria such as the circumstances of birth; and iv) a ‘genuine link’ view, according to which the ties of individuals to particular States determine their claims to inclusion and against deprivation while providing at the same time objections against including individuals without genuine links. We argue that most citizenship laws combine these four normative views in different ways, but that from a democratic perspective the ‘genuine link’ view is normatively preferable to the others. The report subsequently examines five general grounds for citizenship withdrawal – threats to public security, non-compliance with citizenship duties, flawed acquisition, derivative loss and loss of genuine links – and considers how the four normative views apply to withdrawal provision motivated by these concerns. The final section of the report examines whether EU citizenship provides additional reasons for protection against Member States’ powers of citizenship deprivation. We suggest that, in addition to fundamental rights protection through EU law and protection of free movement rights, three further arguments could be invoked: toleration of dual citizenship in a political union, prevention of unequal conditions for loss among EU citizens, and the salience of genuine links to the EU itself rather than merely to one of its Member States.

Convention relating to the status of stateless persons:

Mode of access: Internet.

Education for an ethical imagination

In response to the question, 'Education for what?', this article argues the case for an ethical imagination. It begins by illustrating different approaches to ethics - Greek antiquity, Kant s categorical imperative, Levinas's interhuman ethic of care, and Foucauldian genealogy. On the basis ofthis, it suggests that ethics may be understood as a disposition of continual questioning and adjusting of thought and action in relation to notions of human good and how to be and act in relation to others. It then briefly considers education as an ethical activity, and sets out three interrelated axes for an ethics of engagement in education: intellectual rigour, civility and care. Using examples ofcitizenship and statelessness in Australia, it argues that building an ethical imagination is a valuable goal for education.

Fast Information Retrieval in the Open Grid Service Architecture

This is an extended version of an article presented at the Second International Conference on Software, Services and Semantic Technologies, Sofia, Bulgaria, 11–12 September 2010.

Rethinking the national question: Anti-statist discourses within the Kurdish national movement

Why and under what conditions have the Kurds become agents of change in the Middle East in terms of democratization? Why did the Kurds' role as democratic agents become particularly visible in the 1990s? How does the Kurdish movement's turn to democratic discourse affect the political systems of Turkey, Iran, Iraq and Syria? What are the implications of the Kurds' adoption of "democratic discourse" for the transnational aspect of the Kurdish movement? Since the early 1990s, Kurdish national movements in Turkey, Iran, Iraq and Syria have undergone important political and ideological transformations. As a result of the Kurds' growing role in shaping the debates on human rights and democratization in these four countries, the Kurdish national movement has acquired a dual character: an ethno-cultural struggle for the recognition of Kurdish identity, and a democratization movement that seeks to redefine the concepts of governance and citizenship in Turkey, Iran, Iraq and Syria. The process transformation has affected relations between the Kurdish movements and their respective central governments in significant ways. On the basis of face-to-face interviews and archival research conducted in Turkey, Iraq and parts of Europe, the present work challenges the current narrative of Kurdish nationalism, which is predominantly drawn from a statist interpretation of Kurdish nationalist goals, and argues instead that the Kurdish question is no longer a problem of statelessness but a problem of democracy in Turkey, Iran, Iraq and Syria. The main contributions of this work are three fold. First, the research unfolds the reasons behind the growing emphasis of the Kurdish movement on the concepts of democracy, human rights, and political participation, which started in the early 1990s. Second, the findings challenge the existing scholarship that explains Kurdish nationalism as a problem of statelessness and shifts the focus to the transformative potentials of the Kurdish national movement in Turkey, Iran, Iraq and Syria through a comparative lens. Third, this work explores the complex transnational coordination and negotiations between the Kurdish movements across borders and explains the regional repercussions of this process.

El concepto de ciudadanía en la obra de Dominique Schnapper: entre el tipo ideal sociológico y el ideal de sociedad democrática

Este artículo analiza la evolución del concepto de ciudadanía en la obra de Dominique Schnapper como uno de los ejemplos más destacados en la sociología contemporánea de una aproximación completa a la cuestión. A través de un recorrido exhaustivo por su obra, el objetivo es profundizar en la comprensión de la tensión entre la dinámica democrática y la idea de ciudadanía en cuanto que tipo ideal del vínculo social y como principio regulador de las sociedades democráticas. La autora propone en sus primeros trabajos una noción de ciudadanía vinculada al proceso político de construcción de la nación que no distingue entre la definición de un tipo ideal sociológico y la construcción de un ideal de sociedad. Esta confusión se corrige al introducir posteriormente en el análisis la incidencia de la democracia sobre las experiencias individuales de la ciudadanía, aportando una perspectiva de análisis de gran utilidad tanto para la comprensión de la dinámica contemporánea de las sociedades democráticas como para la necesaria defensa de la ciudadanía como vínculo social fundamental y como principio fundador de la legitimidad política.