Birth Registration and Protection for Children of Transnational Labor Migrants in Indonesia

ABSTRACT

Policies on transnational labor migration do not consider workers' needs as parents or the rights and welfare of their children, including a child's right to an official identity through birth registration. A study of birth-registration decision making by migrant parents in Lombok, Indonesia underscored the need for targeted responses to uniquely challenging circumstances and priorities of migrant parents. Free birth registration through birthing and health centers and village-level leaders can overcome problems of decentralized implementation of national strategies and an exploitive registration brokerage industry, mitigating risks of de facto statelessness for children and a multigenerational pattern of undocumented and unsafe migration.     

Abjects or agents? Camps,contests and the creation of ‘political space’

The ‘Urdu-speaking population’ in Bangladesh, displaced by the Partition in 1947 and made ‘stateless’ by the Liberation War of 1971, exemplifies some of the key problems facing uprooted populations. Exploring differences of ‘camp’ and ‘non-camp’ based displacement, this article represents a critical evaluation of the way ‘political space’ is contested at the local level and what this reveals about the nature and boundaries of citizenship. Semi-structured and narrative interviews conducted among ‘camp’ and ‘non-camp’ based ‘Urdu-speakers’ found that citizenship status has been profoundly affected by the spatial dynamics of settlement. However, it also revealed the ways in which ‘formal’ status is subverted – the moments of negotiation in which claims to political being are made. In asking how and when a ‘stateless’ population is able to ‘access’ citizenship, through which processes and by which means, it reveals the tension, ambiguity and conceptual limitations of ‘statelessness’ and citizenship, unearthing a reality of partial, shifting and deceptively permeable terrain. In doing so, it also reveals the dissonance and discord (constitutive of an ‘us’ and ‘them’ divide) upon which the creation of ‘political space’ may rely. Citizenship functions to exclude and, therefore, it is very often born of contestation.     

Rooted displacement: the paradox of belonging among stateless people

Abstract

Stateless people are noncitizens everywhere. Yet, unlike many noncitizens, they are not border crossers. Despite the majority’s physical rootedness in the countries of their birth, the stateless are nonetheless forcibly displaced. Their peculiar form of noncitizenship displaces them in situ as they lack the right to choose to belong to the specific communities within which they were born and raised. Using The Bahamas and the Dominican Republic as case studies, this article illustrates how the stateless are either forcibly cast into liminality or made to take on the nationality of a country with which they do not identify when the State can no longer tolerate their noncitizen status.     

MISSING THE MARK: REFLECTIONS ON GREENBERG'S COMMENT*

Greenberg's (2003) Comment fails to address the substance or spirit of “The Privatization of Violence.”     

How citizenship matters: narratives of stateless and citizenship choice in Estonia

The phenomenon of statelessness is most often studied as an issue of international and human-rights law. In contrast, this paper examines narratives of citizenship choice among initially stateless Russian-speaking residents of Estonia in order to explore the practical meanings of (non)citizenship in a context where the available options include both national citizenship and statelessness. While legal aspects of citizenship do explain many of the perceived benefits and disadvantages of various citizenship options, we find that deliberations about citizenship choice also reflect extra-legal normative and affective dimensions of civic belonging. The resulting multidimensional model of citizenship helps account for courses of action that would appear anomalous if citizenship choice were merely an instrumental matter of weighing the costs and benefits of different options. It also points to a growing disjuncture among citizenship as a source of legal rights and obligations, as a normative framework, and as a site of attachment and identification.     

Unwelcomed? The Effects of Statelessness on Involuntary Refugee Repatriation in Bangladesh and Myanmar

ABSTRACT

Refugees are among the most vulnerable populations, often denied rights of residency, treated as hostile intruders, even forced into unsafe camps. This has been particularly true of the Rohingya, a Muslim ethnic minority group which has fled Myanmar by the hundreds of thousands since 2012. Having found little refuge in Bangladesh, the group faces growing fears of involuntary repatriation. This is not the first time that the group has faced forced repatriation. What explains the shortcomings of past repatriations and why does the cycle persist? This paper contends that statelessness is a contributing factor in the continual failure of repatriation processes. An examination of the 1992–1997 repatriation of Rohingya refugees reveals that the condition of statelessness can undermine safeguards often granted to refugees, decrease incentives for refugees to return, and impair opportunities for long-term solutions, while exacerbating state and human security issues. An illustrative case of successful refugee repatriation in Angola suggests that the absence of statelessness can improve prospects for successful repatriation.     

Widening the Protection Gap: The 'Politics of Citizenship' for Palestinian Refugees in Lebanon, 1948-2008

Lebanon has been a reluctant host to Palestinian refugees since1948. A mainstay of Lebanese policies vis-à-vis the Palestinianrefugees has been preventing their permanent integration andsettlement in the country. The question of naturalizing refugeesis one of the most contentious political issues in Lebanon today.Palestinian refugees tend to live in conflict-ridden environments,often at the margins of the host society. This first of allapplies to the camp-based refugees, who languish in dilapidatedand overcrowded camps. Unable to return to Palestine and marginalizedby the host society, they are caught in a legal limbo. In orderto understand the complex legal regime that governs their refugeestatus, it is necessary to examine their rights as refugeesin international law, regionally as hosted by Arab League statesand nationally as residents of Lebanon. The rights regime iscomplex and contributes to a critical ‘protection gap’for the refugees. This article demonstrates how this protectiongap was created and widened by historically contingent, international,regional and national legal rights regimes.     

Contested Statelessness in Sabah,Malaysia: Irregularity and the Politics of Recognition

ABSTRACT

UNHCR's current #IBelong campaign presents stateless people as uniquely excluded, emphasizing the need for legal solutions to their situation. Such approaches to statelessness sidestep both the complexities of lived experience and the wider politics of state recognition. In response, this article utilizes ethnographic data from Sabah, Malaysia, and theorizations of the gray areas between citizenship and statelessness to argue for the fundamental connection between statelessness and irregularity. Such a connection is central to understanding both the everyday lives of potentially stateless people and Sabah's public discourse on statelessness as a mirage obscuring the problems of “illegals” and “street children.”     

MYANMAR’S ‘ROHINGYA’ CONFLICT: MISCONCEPTIONS AND COMPLEXITY

Myanmar’s Rohingya conflict is arguably the most sensitive and complex issue facing the country, both in terms of the extent of physical and social destruction, and the impact on Myanmar’s domestic reform and international standing. The scale of human suffering is mind-numbing, the reactions of Aung San Suu Kyi and the Myanmar authorities baffling. However, too much international commentary is reductionist, flattening multiparty and multifaceted sociopolitical dynamics into a simple narrative, which is detrimental to understanding and responding to the conflict. This paper attempts to make sense of some of this complexity, firstly by addressing several common misperceptions of the conflict, then analysing it from a variety of theoretical perspectives. The first misconception is that this conflict is not new, but significant antecedents date back at to at least World War II, if not before. The second is that this conflict is not merely about state oppression of a despised and vulnerable ethno-religious minority, but rather a multipolar conflict with conflict and violence, driven by mutual existential fears and deeply historical grievances on all sides, by at least three key actors. This multipolarity needs to be better understood but outsiders seeking resolution of the conflict. And finally, the third is that this conflict is not primarily about the denial of citizenship and statelessness of the Muslims, as significant as this is, but about definition of the political community in Myanmar and the politics of inclusion/exclusion in governance. Framing this as an ‘intractable conflict’, this paper then examines the drivers of conflict from the perspective of an ethnic security dilemma, a double minority complex, and the political economy, arriving at conclusions about the nature of the conflict and sounding a final warning about a potential moral hazard arising from the way international support is framed and offered.