WEBVTT - Invisible Citizens: The Gender & Class Dynamics of Statelessness

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<v Speaker 1>This is a podcast from BFM 89.9. The Business Station.

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<v Speaker 2>Hello and welcome to Beyond the Ballot box. I'm Du Johan.

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<v Speaker 2>We're talking about statelessness again today because it really is

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<v Speaker 2>crunch time right now. The Home Minister Dato Sri Saif

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<v Speaker 2>Na has said that the proposed amendments to the Federal

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<v Speaker 2>Constitution on citizenship matters will be presented to the cabinet

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<v Speaker 2>on the eighth of March which is this Friday.

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<v Speaker 2>The cabinet will then decide if the bill is ready

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<v Speaker 2>to be tabled in parliament.

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<v Speaker 2>So what are stateless people and the NGOS working with

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<v Speaker 2>the stateless concerned about? Well, the proposal by the whole ministry,

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<v Speaker 2>a mixed bag. One brilliant step forward, several worrying steps

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<v Speaker 2>back with severe consequences, but it's not too late to

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<v Speaker 2>stop this. On today's show, I'm joined by an expert

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<v Speaker 2>in statelessness at an international level. She's associate professor,

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<v Speaker 2>professor rather go from the Peter mcmullin Center on statelessness

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<v Speaker 2>at the University of Melbourne. She also wrote a chapter

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<v Speaker 2>on women in the book called Nationality and Statelessness Under

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<v Speaker 2>International Law, which is what we are going to be

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<v Speaker 2>focused on in this episode. As always, the show is

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<v Speaker 2>available as a podcast. You can find us on the

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<v Speaker 2>BFM APP, Spotify or where we get your podcast from.

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<v Speaker 2>Rather welcome to the show. Thanks Dash. It's a pleasure

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<v Speaker 2>to be here. Thank you very much for having me.

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<v Speaker 2>Um Let's start with an overview of the current landscape

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<v Speaker 2>of statelessness among women at an international level. How severe

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<v Speaker 2>is the situation? So, it's an excellent question bin because

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<v Speaker 2>uh the short answer is we don't know. And the

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<v Speaker 2>simple reason for that is that statelessness is a bit

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<v Speaker 2>of a hidden human rights issue.

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<v Speaker 2>Uh And one of the reasons it's hidden is that

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<v Speaker 2>states or governments don't tend to collect statistics on statelessness,

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<v Speaker 2>much less disaggregate them. So what that means is that

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<v Speaker 2>while the international community has a broad idea of how

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<v Speaker 2>many stateless people there might be and that is um

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<v Speaker 2>you know, anywhere between four and 10 or 15 million

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<v Speaker 2>people globally, we really don't know the true number and

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<v Speaker 2>we really don't know how many of those people would

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<v Speaker 2>be women.

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<v Speaker 2>So it's difficult to know how severe the problem is.

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<v Speaker 2>If you also look at some of the reasons why

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<v Speaker 2>statelessness exists, uh The main root cause of statelessness is

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<v Speaker 2>discrimination and that is usually discrimination on the basis of

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<v Speaker 2>race or on on the basis of ethnicity. So again,

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<v Speaker 2>it doesn't really give you a good idea of how

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<v Speaker 2>many women will be affected there is. However, the separate

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<v Speaker 2>issue of gender discrimination and nationality laws and that's something

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<v Speaker 2>that we can discuss further.

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<v Speaker 2>So before we get to that, including some of the

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<v Speaker 2>root causes, because it is so difficult to really see

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<v Speaker 2>how prevalent the situation of steepness involving statelessness is. But

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<v Speaker 2>we do know it is serious, it impacts a lot

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<v Speaker 2>of people, millions of people. Could we study trends? Are

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<v Speaker 2>there notable trends? Do you get a sense that things

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<v Speaker 2>are getting better or worse perhaps over the past several decades?

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<v Speaker 2>How do you see that?

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<v Speaker 2>Yeah, it's uh looking back, particularly say over the last

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<v Speaker 2>1020 even up to 50 years, you know, you definitely

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<v Speaker 2>see uh spikes um in particular parts of the world

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<v Speaker 2>or in particular situations. Of course, you have legacy issues

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<v Speaker 2>of statelessness that have existed for a long time now.

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<v Speaker 2>Um including, for example, because of the dissolution of certain States,

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<v Speaker 2>like the former Soviet Republic or the former Yugoslavia when

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<v Speaker 2>those states dissolved and became new states, a lot of

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<v Speaker 2>people fell through the cracks and we're still looking at

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<v Speaker 2>are those legacy situations of statelessness. But if we look

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<v Speaker 2>at trends, say over the last 10 or 20 years,

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<v Speaker 2>we do see that those trends where we've seen increases

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<v Speaker 2>in the number of statelessness uh is because of discrimination,

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<v Speaker 2>particularly racial or ethnic discrimination. And a couple of examples

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<v Speaker 2>that I can point to, for example, include

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<v Speaker 2>uh people of Haitian descent in the Dominican Republic who

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<v Speaker 2>were left stateless after a court decision in 2003. Um

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<v Speaker 2>and that was very much motivated by uh the ethnicity

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<v Speaker 2>of these people who had lived in the Dominican Republic

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<v Speaker 2>for generations who had previously been entitled to Dominican Republic nationality,

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<v Speaker 2>but then who were stripped of it. And perhaps even

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<v Speaker 2>more recently, if you look at 2019 as close to home. Well,

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<v Speaker 2>I'm in Australia but as close to home as India

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<v Speaker 2>um in the state of Assam, we saw an exercise

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<v Speaker 2>which is called the updating of the national register of citizens.

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<v Speaker 2>Uh a register of citizens for that state which uh

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<v Speaker 2>after having been updated, left out 1.9 million people whose

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<v Speaker 2>status right now remains a little unclear but could be

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<v Speaker 2>said to be stateless because there is no state that

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<v Speaker 2>is recognizing them currently as their nationals.

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<v Speaker 2>I think that's a very interesting point that doesn't get

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<v Speaker 2>stressed enough. How would you contextualize the root causes of

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<v Speaker 2>statelessness before we dive into, you know, women specifically? Because

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<v Speaker 2>when we look at, let's say the refugee situation, right?

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<v Speaker 2>I think sometimes it's

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<v Speaker 2>a little bit easier to grasp what is going on

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<v Speaker 2>because you see either countries getting bombed by foreign invasion

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<v Speaker 2>or there is a civil war that causes this displacement

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<v Speaker 2>of millions of people who are fearing persecution and they

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<v Speaker 2>are looking for asylum in other countries. How do you

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<v Speaker 2>look at the root causes of statelessness? Is it more

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<v Speaker 2>towards just discriminatory laws within each nation state.

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<v Speaker 2>Uh It's a, it's an excellent point you make and

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<v Speaker 2>you're right, it is somehow easier to conceptualize of who

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<v Speaker 2>a ref refugee is. If you look at the definition

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<v Speaker 2>of a refugee, it in law, it actually talks about

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<v Speaker 2>um the fact that to be a refugee, you need

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<v Speaker 2>to have been persecuted. So it already gives you a

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<v Speaker 2>sense of what the cause might be. Um When it

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<v Speaker 2>comes to statelessness, the definition doesn't really give you any clues.

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<v Speaker 2>The legal definition is a person who is not recognized by,

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<v Speaker 2>as a citizen,

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<v Speaker 2>by any country under the operation of its laws. Um

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<v Speaker 2>But if you dig deeper and you look at the

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<v Speaker 2>situation uh that has led to statelessness, there are actually

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<v Speaker 2>multiple root causes. I mean, the most prevalent of them

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<v Speaker 2>is discrimination, be it on the basis of ethnicity, religion

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<v Speaker 2>or race. Um But there are other root causes as well.

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<v Speaker 2>So for example, um statelessness can result, as I mentioned

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<v Speaker 2>earlier as a result of state succession. So um where

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<v Speaker 2>a state um either dissolves and becomes new states or

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<v Speaker 2>combines with another territory to form a new state. Um

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<v Speaker 2>that can be a cause of statelessness when people don't

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<v Speaker 2>get the nationality of the new states that have been formed.

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<v Speaker 2>Um It can also happen because of a lack of

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<v Speaker 2>what we call safeguards in nationality laws. So for example,

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<v Speaker 2>you have a situation where sometimes Children unfortunately are abandoned

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<v Speaker 2>at birth or when they're very young for multiple reasons. Um,

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<v Speaker 2>but sometimes it's very difficult to establish, um, who their

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<v Speaker 2>parents are.

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<v Speaker 2>And in that case, um, it's recommended that countries have

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<v Speaker 2>safeguards in their nationality laws to say, well, ok, if

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<v Speaker 2>I find an abandoned child or a foundling that child absent,

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<v Speaker 2>their parents should immediately acquire the nationality of a state because,

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<v Speaker 2>uh, getting a nationality is really important for accessing other rights.

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<v Speaker 2>But the fact of the matter is that more than

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<v Speaker 2>a third of states around the world don't have this

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<v Speaker 2>fundamental safeguard in their nationality laws. So lack of lack

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<v Speaker 2>of safeguards can be another root cause of statelessness. Another

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<v Speaker 2>cause can be um lack of proper birth registration or

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<v Speaker 2>birth certification. Now, having a birth register, having your birth

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<v Speaker 2>registered or, or your birth certified in and of itself

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<v Speaker 2>is not akin to giving, being given nationality.

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<v Speaker 2>But what birth registration does is it records who your

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<v Speaker 2>parents are and where you were born. And those two

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<v Speaker 2>factors are really important for determining, determining which nationality you're

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<v Speaker 2>entitled to acquire. So if you don't have a birth

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<v Speaker 2>certificate or if your your your birth has not been registered,

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<v Speaker 2>then those key pieces of information are missing. And it's

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<v Speaker 2>much easier then for authorities to say, well, you know,

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<v Speaker 2>you don't have your

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<v Speaker 2>proof of which nationality you should be acquiring. You, you know,

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<v Speaker 2>you're not entitled to our nationality. So that can be

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<v Speaker 2>another root cause. And the list can go on, there

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<v Speaker 2>are actually quite a few uh different root causes, but

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<v Speaker 2>I would go back to the fact that the main

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<v Speaker 2>one is discrimination.

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<v Speaker 2>So with that in mind, when it comes to women,

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<v Speaker 2>women who are stateless in particular, um what are the

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<v Speaker 2>root causes of this when it comes to women in particular?

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<v Speaker 2>And I'm wondering if there are legal and cultural barriers

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<v Speaker 2>that impact women's nationality rights across the world.

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<v Speaker 2>So it's, it's a really good question. And you know,

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<v Speaker 2>on the one, on the one hand, I would say

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<v Speaker 2>that there's not been enough research done to know whether

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<v Speaker 2>there are specific root causes that impact on women more

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<v Speaker 2>than they do on men. Um

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<v Speaker 2>It's, it's hard to say that, you know, uh discrimination

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<v Speaker 2>on the basis of race affects women more than men,

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<v Speaker 2>it would affect both sexes equally. However, there are some

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<v Speaker 2>specific examples of where women might be more vulnerable to statelessness.

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<v Speaker 2>And let me give you those. Um you can take

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<v Speaker 2>the example of say a nationality law which says that

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<v Speaker 2>if you acquire your spouse's nationality, you immediately lose your

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<v Speaker 2>previous nationality.

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<v Speaker 2>But then the nationality law is silent on what happens when,

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<v Speaker 2>let's say, for example, you get divorced from that man

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<v Speaker 2>and the nationality law law of the husband says that

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<v Speaker 2>upon divorce, um you know, uh a foreign woman immediately

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<v Speaker 2>loses that nationality, that she acquired from her husband.

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<v Speaker 2>So in that case, unless the, the nationality law of

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<v Speaker 2>the woman of the woman's country has a safeguard mechanism

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<v Speaker 2>that says, you know, this woman will reacquire her nationality,

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<v Speaker 2>then she will be left stateless. We also have examples

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<v Speaker 2>and this is getting a little bit technical of nationality

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<v Speaker 2>laws that say, um you know,

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<v Speaker 2>in order to acquire another nationality of another person, you

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<v Speaker 2>first need to renounce your, your original nationality. Now, we've

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<v Speaker 2>had situations of women where they have said that they

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<v Speaker 2>are going to get married to a man from a

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<v Speaker 2>different country, they want to acquire that man's nationality, they

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<v Speaker 2>renounce their original nationality, but then the marriage never happens

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<v Speaker 2>for whatever reason

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<v Speaker 2>and then they're stuck in limbo because they can't actually

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<v Speaker 2>reacquire their original nationality. So in this case, women are

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<v Speaker 2>more impacted than men, but it's quite, it's quite a

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<v Speaker 2>specific example.

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<v Speaker 2>And on to your question about how um both in

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<v Speaker 2>terms of legal and cultural terms, um women might, women's

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<v Speaker 2>nationality rights might be, might be more affected. Um Certainly

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<v Speaker 2>in terms of a legal matter, what we do tend

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<v Speaker 2>to see is that nationality laws which discriminate when it

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<v Speaker 2>comes on the basis of sex. Uh in terms of

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<v Speaker 2>women being able to pass their nationality on to their

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<v Speaker 2>spouses or to their Children.

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<v Speaker 2>Um, as a sort of legal matter, many of these

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<v Speaker 2>uh nationality laws that prevail in 24 countries uh in

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<v Speaker 2>the case of women who can't pass nationality equally to

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<v Speaker 2>their Children as men, is that in many cases, these

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<v Speaker 2>are hangovers from the time that these countries were colonized.

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<v Speaker 2>So they're not the sort of original laws of the,

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<v Speaker 2>of the country that we're speaking of, but they're rather

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<v Speaker 2>uh laws that have been passed on over time, including

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<v Speaker 2>when

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<v Speaker 2>those countries were colonized. So they reflect a bit of

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<v Speaker 2>a bygone era in terms of the fact that the

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<v Speaker 2>colonizing state may have actually changed its own laws to

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<v Speaker 2>become gender equal. But the newly independent state has kept

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<v Speaker 2>a previous law that was gender discriminatory.

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<v Speaker 2>So that, that we can see it as having an

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<v Speaker 2>impact both legally in terms of women's rights. But also

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<v Speaker 2>in terms of the cultural practice where, for example, the

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<v Speaker 2>new elites in the country will insist that actually um

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<v Speaker 2>the gender discrimination is not actually a colonial hangover, but

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<v Speaker 2>is actually part and parcel of the state religion or

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<v Speaker 2>is actually um a cultural norm, which is in fact

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<v Speaker 2>not the case. Uh It's something that has been inherited.

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<v Speaker 2>So

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<v Speaker 2>I want to know what is the impact of being

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<v Speaker 2>stateless towards the people who are stateless and also like

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<v Speaker 2>what is the impact in general? And I know both

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<v Speaker 2>stateless men and women face harsh challenges that impact cuts across.

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<v Speaker 2>Like you said, if it's, you know, if people are

0:13:22.169 --> 0:13:26.340
<v Speaker 2>stateless because of their ethnicity, then, you know, regardless whether

0:13:26.349 --> 0:13:27.679
<v Speaker 2>you're a man or a woman.

0:13:27.940 --> 0:13:31.440
<v Speaker 2>Um You know, you are going to be impacted by,

0:13:31.450 --> 0:13:34.880
<v Speaker 2>by the situation, but just looking at it through an

0:13:34.890 --> 0:13:39.200
<v Speaker 2>intersectional lens, what are, what is the distinct challenges or

0:13:39.210 --> 0:13:42.200
<v Speaker 2>impact that stateless women go through?

0:13:43.700 --> 0:13:46.039
<v Speaker 2>Thanks very much for that question. And again, it's a

0:13:46.049 --> 0:13:47.869
<v Speaker 2>good one and I think it's an area in which

0:13:47.880 --> 0:13:49.869
<v Speaker 2>a lot more research needs to be done.

0:13:50.320 --> 0:13:53.900
<v Speaker 2>Um But just speaking, you know, in general terms, uh

0:13:54.130 --> 0:13:58.390
<v Speaker 2>uh Hannah Arendt who's a famous philosopher, um who was

0:13:58.400 --> 0:14:01.630
<v Speaker 2>a survivor of the Holocaust once said that nationality is

0:14:01.640 --> 0:14:03.840
<v Speaker 2>the right to have rights. Now, we all know that

0:14:03.849 --> 0:14:06.939
<v Speaker 2>universal human rights exist and that they should exist regardless

0:14:06.950 --> 0:14:08.890
<v Speaker 2>of whether or not you have a citizenship. But in

0:14:08.900 --> 0:14:12.539
<v Speaker 2>practical matters, um if you don't have citizenship, it can

0:14:12.549 --> 0:14:16.549
<v Speaker 2>affect your access to other basic rights, like right to education,

0:14:16.559 --> 0:14:17.500
<v Speaker 2>right to healthcare.

0:14:17.809 --> 0:14:20.369
<v Speaker 2>Um And for stateless people, this can be really devastating

0:14:20.380 --> 0:14:23.150
<v Speaker 2>because it means that they often can't access the very

0:14:23.159 --> 0:14:26.679
<v Speaker 2>simple services that others can. Um And it has a

0:14:26.690 --> 0:14:29.450
<v Speaker 2>direct impact on their lives in terms of their livelihoods,

0:14:29.460 --> 0:14:31.190
<v Speaker 2>in terms of their ability to earn

0:14:31.409 --> 0:14:34.750
<v Speaker 2>uh a decent living in terms of them to access

0:14:34.760 --> 0:14:37.429
<v Speaker 2>healthcare when they're sick in, in terms of their ability

0:14:37.440 --> 0:14:41.049
<v Speaker 2>to even move freely within a country or beyond its borders.

0:14:41.260 --> 0:14:44.190
<v Speaker 2>Um So it really, really strips away at kind of

0:14:44.200 --> 0:14:47.039
<v Speaker 2>what it means to exist. Um as a as a

0:14:47.049 --> 0:14:49.710
<v Speaker 2>full human being, in terms of being able to function

0:14:49.719 --> 0:14:51.820
<v Speaker 2>uh in just a very normal fashion.

0:14:52.340 --> 0:14:55.000
<v Speaker 2>Now, when it comes to women, uh and the specific

0:14:55.010 --> 0:14:58.619
<v Speaker 2>impacts that that women face, there are some particular examples

0:14:58.630 --> 0:15:00.739
<v Speaker 2>where if you look at it from an intersectional lens,

0:15:00.750 --> 0:15:03.570
<v Speaker 2>you can see that women are more impacted. One of

0:15:03.580 --> 0:15:05.849
<v Speaker 2>the one of the impacts of being stateless is that

0:15:06.039 --> 0:15:09.330
<v Speaker 2>you're not considered to be a legal person before the law.

0:15:09.340 --> 0:15:12.039
<v Speaker 2>And in fact, many stateless people will be very uh

0:15:12.049 --> 0:15:16.200
<v Speaker 2>nervous to approach law authorities. Um because in some cases

0:15:16.210 --> 0:15:19.150
<v Speaker 2>without paperwork, without an indication of why they are on

0:15:19.159 --> 0:15:19.989
<v Speaker 2>the territory,

0:15:20.270 --> 0:15:25.130
<v Speaker 2>they face detention or imprisonment simply for existing basically.

0:15:25.619 --> 0:15:28.099
<v Speaker 2>Um And you can imagine a situation uh in certain

0:15:28.109 --> 0:15:31.520
<v Speaker 2>communities as with any communities where for example, domestic violence

0:15:31.530 --> 0:15:35.919
<v Speaker 2>exists and domestic violence is generally perpetrated by men against women.

0:15:35.929 --> 0:15:38.450
<v Speaker 2>Uh across the board, you can end up with a

0:15:38.460 --> 0:15:42.880
<v Speaker 2>really bad situation where um women simply have nowhere to turn.

0:15:42.890 --> 0:15:45.929
<v Speaker 2>They cannot go to law authorities, they cannot seek any

0:15:45.940 --> 0:15:49.270
<v Speaker 2>kind of redress um because they are so fearful and

0:15:49.280 --> 0:15:52.200
<v Speaker 2>this is something that would obviously impact women more than

0:15:52.210 --> 0:15:53.640
<v Speaker 2>it would impact men.

0:15:54.210 --> 0:15:56.950
<v Speaker 2>Um I think in other circumstances, um we see in

0:15:56.960 --> 0:15:59.419
<v Speaker 2>different parts of the world where women take on a

0:15:59.429 --> 0:16:03.510
<v Speaker 2>larger burden of, of child rearing. Um as is often

0:16:03.520 --> 0:16:06.789
<v Speaker 2>the case, um all of those issues that affect Children

0:16:06.799 --> 0:16:10.070
<v Speaker 2>who are stateless, the woman has to kind of compensate

0:16:10.080 --> 0:16:12.950
<v Speaker 2>for that much more. Um So for example, I've seen

0:16:12.960 --> 0:16:16.489
<v Speaker 2>situations where women because they want to ensure that their

0:16:16.500 --> 0:16:19.340
<v Speaker 2>Children are able to access an education and often that

0:16:19.349 --> 0:16:21.239
<v Speaker 2>might mean an education that's private

0:16:21.539 --> 0:16:26.159
<v Speaker 2>pay for, take on ridiculous amounts of work, 34 jobs.

0:16:26.340 --> 0:16:29.820
<v Speaker 2>Um Simply to ensure that their Children are on a,

0:16:29.989 --> 0:16:32.590
<v Speaker 2>you know, close to a level playing field with their

0:16:32.599 --> 0:16:35.849
<v Speaker 2>citizen counterparts. So it's the woman who's kind of having

0:16:35.859 --> 0:16:39.859
<v Speaker 2>to make all these additional compensations, not to say anything

0:16:39.869 --> 0:16:42.489
<v Speaker 2>of the, you know, emotional distress of having to see,

0:16:42.500 --> 0:16:44.669
<v Speaker 2>for example, a child who's injured and not be able

0:16:44.679 --> 0:16:48.340
<v Speaker 2>to take them to the hospital or receive appropriate medical care.

0:16:48.650 --> 0:16:51.669
<v Speaker 2>Um But as I said, a lot of this is anecdotal.

0:16:51.789 --> 0:16:54.049
<v Speaker 2>Um and I think that if a proper study was

0:16:54.059 --> 0:16:57.710
<v Speaker 2>conducted into the intersectional kind of, as you say, um

0:16:57.760 --> 0:17:01.789
<v Speaker 2>looking at the impact of stateless statelessness through an intersectional lens,

0:17:01.869 --> 0:17:04.709
<v Speaker 2>I think we might uncover many, many more impacts um

0:17:04.719 --> 0:17:06.000
<v Speaker 2>that are specific to women.

0:17:06.869 --> 0:17:11.319
<v Speaker 2>What are the long term consequences of being stateless? Because

0:17:11.420 --> 0:17:16.139
<v Speaker 2>even in Malaysia and in other countries, you sometimes come

0:17:16.150 --> 0:17:20.930
<v Speaker 2>across examples of people who have been stateless across generations.

0:17:21.030 --> 0:17:23.030
<v Speaker 2>You know, their parents don't have

0:17:23.180 --> 0:17:27.069
<v Speaker 2>a sort of officially formal documents to say they are

0:17:27.079 --> 0:17:30.149
<v Speaker 2>a citizen of X country or Y country, then they

0:17:30.160 --> 0:17:33.420
<v Speaker 2>give birth and their Children grow up stateless as well.

0:17:33.430 --> 0:17:36.209
<v Speaker 2>And their Children might then have Children who also grow

0:17:36.219 --> 0:17:39.339
<v Speaker 2>up stateless. What is the impact of this?

0:17:41.099 --> 0:17:43.219
<v Speaker 2>So I think that we can look at impacts at

0:17:43.229 --> 0:17:47.569
<v Speaker 2>three levels. That's the impact on the individual who, whose

0:17:47.579 --> 0:17:51.130
<v Speaker 2>family might have been, you know, stateless for generations. There's

0:17:51.140 --> 0:17:54.650
<v Speaker 2>the impact on the stateless community itself. And then there's

0:17:54.660 --> 0:17:57.160
<v Speaker 2>the impact on the, on the state or the government

0:17:57.170 --> 0:17:59.649
<v Speaker 2>in which um these people are living.

0:18:00.150 --> 0:18:03.500
<v Speaker 2>Um So I might discuss those quickly each in turn.

0:18:03.510 --> 0:18:05.650
<v Speaker 2>So I think at the individual level, you know, you

0:18:05.660 --> 0:18:09.109
<v Speaker 2>can imagine that if your mother has not had the

0:18:09.119 --> 0:18:11.329
<v Speaker 2>benefit of going to school and your mother's mother has

0:18:11.339 --> 0:18:12.770
<v Speaker 2>not had the benefit of going to school and your

0:18:12.780 --> 0:18:15.310
<v Speaker 2>mother's mother's mother has not had the benefit of going

0:18:15.319 --> 0:18:18.329
<v Speaker 2>to school. Um This has a trickle down

0:18:18.425 --> 0:18:22.204
<v Speaker 2>effect on you as an individual in terms of your

0:18:22.214 --> 0:18:25.323
<v Speaker 2>sense of self worth, in terms of any aspirations you

0:18:25.334 --> 0:18:28.234
<v Speaker 2>might have in terms of uh your sense of hope

0:18:28.244 --> 0:18:30.895
<v Speaker 2>and perhaps in some cases, the value you might put

0:18:30.905 --> 0:18:34.574
<v Speaker 2>on uh certain things like education because it's just not

0:18:34.584 --> 0:18:36.584
<v Speaker 2>something that you have had access to.

0:18:37.010 --> 0:18:40.239
<v Speaker 2>Um And so I think likewise, um there have been

0:18:40.250 --> 0:18:42.510
<v Speaker 2>some more recent studies done that have also looked at

0:18:42.520 --> 0:18:45.929
<v Speaker 2>um the the mental health of individuals who have been

0:18:46.099 --> 0:18:49.560
<v Speaker 2>intergenerationally stateless if I can put it that way. And

0:18:49.569 --> 0:18:52.478
<v Speaker 2>it's devastating because Children have seen their parents grow up

0:18:52.489 --> 0:18:57.410
<v Speaker 2>with little hope and likewise, um previous ancestors. Um and

0:18:57.420 --> 0:19:01.910
<v Speaker 2>that sense of um uh hopelessness about the future um

0:19:01.920 --> 0:19:05.639
<v Speaker 2>is really quite devastating um at the end,

0:19:05.715 --> 0:19:08.615
<v Speaker 2>individual level. And it could also mean that even if

0:19:09.005 --> 0:19:12.365
<v Speaker 2>uh the solution to statelessness, which technically is the grant

0:19:12.375 --> 0:19:16.416
<v Speaker 2>of nationality does happen um in the near future, it's

0:19:16.426 --> 0:19:19.305
<v Speaker 2>very unreasonable in that case to expect most people who

0:19:19.316 --> 0:19:21.975
<v Speaker 2>have been deprived for so long of their rights to

0:19:21.984 --> 0:19:25.255
<v Speaker 2>suddenly say, well, now I have this gateway, right? Let

0:19:25.265 --> 0:19:27.696
<v Speaker 2>me go and access all these things when people have

0:19:27.705 --> 0:19:32.336
<v Speaker 2>not had any um uh experience of doing that before.

0:19:32.345 --> 0:19:34.456
<v Speaker 2>So it means that the ability to act

0:19:34.531 --> 0:19:37.011
<v Speaker 2>those rights that are opened up as a result of

0:19:37.021 --> 0:19:40.031
<v Speaker 2>having nationality is also diminished. And I think that, you know,

0:19:40.041 --> 0:19:41.722
<v Speaker 2>we talk a lot of the idea of a second

0:19:41.732 --> 0:19:44.011
<v Speaker 2>class citizen. I think that what statelessness does at the

0:19:44.021 --> 0:19:48.472
<v Speaker 2>individual level is create a second class human. Um you know,

0:19:48.482 --> 0:19:51.192
<v Speaker 2>a person who is really kind of um deprived in

0:19:51.202 --> 0:19:54.111
<v Speaker 2>many ways, if you look at the community level, you

0:19:54.121 --> 0:19:58.141
<v Speaker 2>can see this expanding this kind of sense of um exclusion,

0:19:58.151 --> 0:20:01.432
<v Speaker 2>marginalization at the community level, which means that it can

0:20:01.442 --> 0:20:03.271
<v Speaker 2>be harder to integrate over time.

0:20:03.579 --> 0:20:06.449
<v Speaker 2>Um And it can be harder for at a community level,

0:20:06.459 --> 0:20:10.010
<v Speaker 2>for even even if the solution of nationality is granted

0:20:10.119 --> 0:20:13.329
<v Speaker 2>for this community to really integrate and become a cohesive

0:20:13.339 --> 0:20:17.489
<v Speaker 2>part of, of society um I think it can also

0:20:17.500 --> 0:20:20.379
<v Speaker 2>lead to intercommunal conflict. And we've seen this happen in

0:20:20.390 --> 0:20:22.910
<v Speaker 2>different parts of the world where you have one part

0:20:22.920 --> 0:20:24.889
<v Speaker 2>of the community that's living side by side with the

0:20:24.900 --> 0:20:28.250
<v Speaker 2>citizen community. Um And they can see the, the vast

0:20:28.260 --> 0:20:31.540
<v Speaker 2>discrepancies in, in their treatment and this, you know, can understand,

0:20:31.604 --> 0:20:35.574
<v Speaker 2>kindly bubble over into conflict um or even in some cases,

0:20:35.584 --> 0:20:39.045
<v Speaker 2>violence and then at the state level, you know, over time,

0:20:39.055 --> 0:20:42.135
<v Speaker 2>if you have a large uh stateless population that has

0:20:42.145 --> 0:20:45.274
<v Speaker 2>been stateless over time again, you have those same issues

0:20:45.285 --> 0:20:47.864
<v Speaker 2>um of, of potential conflict.

0:20:48.709 --> 0:20:50.689
<v Speaker 2>But if you look at it from the state's perspective

0:20:50.699 --> 0:20:53.170
<v Speaker 2>as well, you really have a situation of what I

0:20:53.180 --> 0:20:57.339
<v Speaker 2>would call multidimensional poverty where you've got people who are

0:20:57.349 --> 0:21:00.709
<v Speaker 2>living in a situation where they're economically poorer, where they're

0:21:00.719 --> 0:21:04.619
<v Speaker 2>less healthy, where they are less educated and this impacts

0:21:04.630 --> 0:21:07.969
<v Speaker 2>the state ultimately. Um also in terms of its own

0:21:07.979 --> 0:21:12.550
<v Speaker 2>development goals. Um and potentially even looking at things like

0:21:12.560 --> 0:21:13.319
<v Speaker 2>uh tax revenue

0:21:13.810 --> 0:21:16.699
<v Speaker 2>and so forth. So I think that the um the

0:21:16.709 --> 0:21:21.169
<v Speaker 2>consequences of of being stateless over many generations is really

0:21:21.180 --> 0:21:24.629
<v Speaker 2>very serious and quite underestimated on the show with me

0:21:24.640 --> 0:21:28.119
<v Speaker 2>today is Associate Professor Radar Govi from the Peter mcmullin

0:21:28.130 --> 0:21:32.229
<v Speaker 2>Center on statelessness at the University of Melbourne. We will

0:21:32.239 --> 0:21:34.930
<v Speaker 2>continue our conversation after the break. Keep it here on

0:21:34.939 --> 0:21:37.930
<v Speaker 2>beyond the ballot box. BFM 89.9.

0:21:44.660 --> 0:21:47.500
<v Speaker 2>Welcome back to be on the ballot box, I'm Dustin Johan.

0:21:47.579 --> 0:21:50.410
<v Speaker 2>And on the show with me today is Associate Professor Rada,

0:21:50.469 --> 0:21:54.718
<v Speaker 2>go from the Peter mcmullin Center on statelessness at the

0:21:54.729 --> 0:21:57.979
<v Speaker 2>University of Melbourne and we are talking about women and

0:21:57.989 --> 0:22:01.520
<v Speaker 2>statelessness at an international level. This

0:22:01.670 --> 0:22:05.459
<v Speaker 2>conversation will also be available as podcasts. You can look

0:22:05.469 --> 0:22:08.689
<v Speaker 2>up beyond the ballot box on the BFM app, Spotify

0:22:08.699 --> 0:22:11.760
<v Speaker 2>or where we get your podcast from. If you're listening

0:22:11.770 --> 0:22:15.140
<v Speaker 2>to this on Spotify, do give us a follow and

0:22:15.150 --> 0:22:18.530
<v Speaker 2>drop us a review, it would be really, really helpful.

0:22:19.119 --> 0:22:23.729
<v Speaker 2>So rather, you wrote a book on Statelessness with Alice Edwards.

0:22:23.739 --> 0:22:26.430
<v Speaker 2>And indeed, you told a story about a Lebanese mother.

0:22:26.520 --> 0:22:29.958
<v Speaker 2>Um Mali, could you tell me about what she went

0:22:29.969 --> 0:22:33.900
<v Speaker 2>through what you learned, you know, researching and following her story.

0:22:34.390 --> 0:22:36.939
<v Speaker 2>So this was one of the first times that I

0:22:36.949 --> 0:22:42.659
<v Speaker 2>had met women who were particularly affected by the issue

0:22:42.670 --> 0:22:46.689
<v Speaker 2>of gender discrimination in nationality laws and in particular,

0:22:47.010 --> 0:22:51.500
<v Speaker 2>um gender discrimination which prevents women from passing nationality to

0:22:51.510 --> 0:22:55.420
<v Speaker 2>their Children on an equal basis as men or discrimination

0:22:55.430 --> 0:22:59.810
<v Speaker 2>which prevents women from acquiring or changing uh or retaining

0:22:59.819 --> 0:23:02.260
<v Speaker 2>their nationality on an equal basis as men.

0:23:02.619 --> 0:23:05.149
<v Speaker 2>And Lebanon is one of those countries that has some

0:23:05.160 --> 0:23:08.010
<v Speaker 2>of the most severe restrictions on an an ability of

0:23:08.020 --> 0:23:11.160
<v Speaker 2>a woman to, to transfer her nationality. And in this case,

0:23:11.449 --> 0:23:14.290
<v Speaker 2>um um Ali was, I think she was about 50

0:23:14.300 --> 0:23:16.979
<v Speaker 2>years old. Um And she had been married to an

0:23:16.989 --> 0:23:20.760
<v Speaker 2>Egyptian man. Um And she had seven Children with this man.

0:23:21.199 --> 0:23:24.800
<v Speaker 2>Uh but for one reason or another, um the her

0:23:24.810 --> 0:23:28.119
<v Speaker 2>husband had not completed the procedures that were necessary for

0:23:28.130 --> 0:23:30.198
<v Speaker 2>him to register his Children as Egyptian

0:23:30.550 --> 0:23:33.099
<v Speaker 2>as a Lebanese woman. Under the law of Lebanon, she

0:23:33.109 --> 0:23:35.400
<v Speaker 2>was not permitted to pass her nationality on to any

0:23:35.410 --> 0:23:38.430
<v Speaker 2>of her Children, but her husband could have passed his

0:23:38.439 --> 0:23:40.729
<v Speaker 2>uh Egyptian nationality on, but he needed to, you know,

0:23:40.739 --> 0:23:42.810
<v Speaker 2>complete all the procedures because they were living out of

0:23:42.819 --> 0:23:45.329
<v Speaker 2>the country, they were living in Lebanon. Um But he

0:23:45.339 --> 0:23:48.689
<v Speaker 2>didn't do so. And unfortunately he died. Um And then

0:23:48.699 --> 0:23:52.089
<v Speaker 2>what she went through was, was nothing short of catastrophic

0:23:52.099 --> 0:23:55.920
<v Speaker 2>because uh what she subsequently learned was that her husband's

0:23:55.930 --> 0:23:59.089
<v Speaker 2>brother had actually sought custody of her seven Children

0:23:59.520 --> 0:24:02.099
<v Speaker 2>and she did not want to hand them over to someone.

0:24:02.109 --> 0:24:03.819
<v Speaker 2>She did not know she did not want to lose

0:24:03.829 --> 0:24:06.829
<v Speaker 2>custody of them. So she decided to remain in Lebanon

0:24:07.040 --> 0:24:09.000
<v Speaker 2>despite the fact that this would have meant that her

0:24:09.010 --> 0:24:13.459
<v Speaker 2>Children would not acquire any nationality um at all. Um

0:24:13.469 --> 0:24:15.880
<v Speaker 2>And she went through a real struggle because she had

0:24:15.890 --> 0:24:19.530
<v Speaker 2>to get her Children through school. Um She uh part

0:24:19.540 --> 0:24:21.688
<v Speaker 2>of her story was talking about how one of her

0:24:21.699 --> 0:24:24.339
<v Speaker 2>Children had a bad accident and actually broke his arm

0:24:24.349 --> 0:24:26.719
<v Speaker 2>and she had to make a call as an unqualified

0:24:27.020 --> 0:24:30.159
<v Speaker 2>medical person as to whether it was severe enough to

0:24:30.170 --> 0:24:33.760
<v Speaker 2>afford to go to a private hospital, hospital to get

0:24:33.770 --> 0:24:36.439
<v Speaker 2>the bone set. Um And she made a decision that

0:24:36.449 --> 0:24:39.140
<v Speaker 2>it was perhaps um you know, something that, that would

0:24:39.150 --> 0:24:43.280
<v Speaker 2>heal adequately without that level of care. Um But she

0:24:43.290 --> 0:24:46.669
<v Speaker 2>also saw a lot of difficulties once her Children became adults.

0:24:46.939 --> 0:24:50.729
<v Speaker 2>So one of her Children actually married a Lebanese man

0:24:50.739 --> 0:24:54.909
<v Speaker 2>but could not acquire his nationality. Um And

0:24:55.750 --> 0:24:58.719
<v Speaker 2>furthermore, uh another one of her Children actually married a

0:24:58.729 --> 0:25:02.569
<v Speaker 2>Lebanese woman and couldn't acquire the nationality from her either.

0:25:02.579 --> 0:25:05.020
<v Speaker 2>So her Children were really stuck in this situation um

0:25:05.300 --> 0:25:08.569
<v Speaker 2>of statelessness. And one of the things I remember she

0:25:08.579 --> 0:25:11.410
<v Speaker 2>also told me was that she actually owned some property.

0:25:11.589 --> 0:25:14.449
<v Speaker 2>And as a Lebanese woman, she could not pass her national,

0:25:14.459 --> 0:25:19.130
<v Speaker 2>could not pass um this property on to her own Children.

0:25:19.359 --> 0:25:21.290
<v Speaker 2>And she was really worried about what would happen to

0:25:21.300 --> 0:25:23.760
<v Speaker 2>this property, this, you know, wealth that was in the

0:25:23.770 --> 0:25:26.880
<v Speaker 2>family once she died because there was no one then

0:25:26.890 --> 0:25:28.819
<v Speaker 2>for her to pass the property onto. And she did

0:25:28.829 --> 0:25:31.329
<v Speaker 2>not want to take the risk of putting it in

0:25:31.339 --> 0:25:33.930
<v Speaker 2>the name of a friend lest that arrangement not work

0:25:33.939 --> 0:25:35.639
<v Speaker 2>out and it not be used for the benefit of

0:25:35.650 --> 0:25:39.020
<v Speaker 2>her Children. So she went through a lot of mental anguish.

0:25:39.030 --> 0:25:41.979
<v Speaker 2>Um and it seemed when I met her that that

0:25:41.989 --> 0:25:44.770
<v Speaker 2>anguish was continuing because she could not see a way

0:25:44.780 --> 0:25:45.900
<v Speaker 2>of getting her Children

0:25:46.219 --> 0:25:48.910
<v Speaker 2>um out of the situation and she really felt very

0:25:48.920 --> 0:25:51.760
<v Speaker 2>guilty about the fact that she'd had Children at all

0:25:51.770 --> 0:25:53.839
<v Speaker 2>because she had not realized at the time that she'd

0:25:53.849 --> 0:25:55.899
<v Speaker 2>had them, that they would not, they would be in

0:25:55.910 --> 0:25:58.238
<v Speaker 2>this situation of statelessness. And she said she would not

0:25:58.250 --> 0:25:59.199
<v Speaker 2>wish that on anyone.

0:26:00.390 --> 0:26:03.550
<v Speaker 2>Is there? What do you know what her situation is

0:26:03.560 --> 0:26:06.959
<v Speaker 2>right now? Is, does she, you know, has she managed

0:26:06.969 --> 0:26:09.680
<v Speaker 2>to overcome the situation or do you have any context

0:26:09.689 --> 0:26:10.170
<v Speaker 2>about that?

0:26:10.949 --> 0:26:14.050
<v Speaker 2>Unfortunately, I don't, I have not kept in touch with her.

0:26:14.060 --> 0:26:16.500
<v Speaker 2>Um Also by the way, her name has been changed

0:26:16.510 --> 0:26:19.489
<v Speaker 2>just to predict her identity. But um that was quite

0:26:19.500 --> 0:26:21.379
<v Speaker 2>a number of years ago that I, I met her

0:26:21.390 --> 0:26:23.939
<v Speaker 2>and unfortunately, I don't know her current situation or that

0:26:23.949 --> 0:26:24.609
<v Speaker 2>of her Children.

0:26:25.810 --> 0:26:30.978
<v Speaker 2>What does international law rather say about statelessness? Are there

0:26:30.989 --> 0:26:37.140
<v Speaker 2>any international human rights principles in which countries should sort

0:26:37.150 --> 0:26:39.010
<v Speaker 2>of strive to adhere to?

0:26:40.890 --> 0:26:44.849
<v Speaker 2>Uh yes, there are. So uh there's actually a whole

0:26:44.859 --> 0:26:49.609
<v Speaker 2>international legal framework set up to address statelessness and central

0:26:49.619 --> 0:26:53.550
<v Speaker 2>to that are two international conventions that are specifically designed

0:26:53.800 --> 0:26:58.349
<v Speaker 2>to address statelessness. The first is the 1954 convention relating

0:26:58.359 --> 0:27:01.910
<v Speaker 2>to the status of stateless persons. And that convention deals

0:27:01.920 --> 0:27:04.719
<v Speaker 2>with what provides firstly, the legal definition of who a

0:27:04.729 --> 0:27:08.500
<v Speaker 2>stateless person is, but also sets out key protections um

0:27:08.510 --> 0:27:10.729
<v Speaker 2>in terms of basic rights that are to be afforded

0:27:10.739 --> 0:27:11.179
<v Speaker 2>to people who

0:27:11.280 --> 0:27:14.660
<v Speaker 2>are stateless And then the second convention is the 1961

0:27:14.670 --> 0:27:18.469
<v Speaker 2>convention on the reduction of statelessness, um which is focused

0:27:18.479 --> 0:27:23.479
<v Speaker 2>on reducing statelessness by preventing it. And it includes, um

0:27:23.489 --> 0:27:28.639
<v Speaker 2>you know, certain provisions that states are encouraged to adopt

0:27:28.900 --> 0:27:31.719
<v Speaker 2>to, for example, include those safeguards that I spoke about

0:27:31.729 --> 0:27:36.069
<v Speaker 2>earlier to prevent childhood statelessness, such as that um uh

0:27:36.099 --> 0:27:40.169
<v Speaker 2>provision related to foundlings uh who should acquire a nationality

0:27:40.180 --> 0:27:44.339
<v Speaker 2>upon being being discovered. Um So these two conventions are

0:27:44.349 --> 0:27:47.280
<v Speaker 2>sort of the central part of the international framework. The

0:27:47.290 --> 0:27:49.040
<v Speaker 2>problem is that for a long time,

0:27:49.349 --> 0:27:52.760
<v Speaker 2>uh being some of the earliest kind of international conventions.

0:27:52.770 --> 0:27:56.589
<v Speaker 2>After the Second World War, the uptake was quite limited.

0:27:56.619 --> 0:27:58.879
<v Speaker 2>We have seen an increase in the number of states

0:27:58.890 --> 0:28:02.979
<v Speaker 2>becoming parties to these two conventions. But as we stand

0:28:02.989 --> 0:28:05.968
<v Speaker 2>at the moment, the 1954 convention has approximately

0:28:06.430 --> 0:28:10.260
<v Speaker 2>100 states um signatory to it. So that's half of

0:28:10.270 --> 0:28:13.550
<v Speaker 2>all the states in the world and the 1961 convention

0:28:13.560 --> 0:28:18.448
<v Speaker 2>even less. Um So that's not a high rate of ratification,

0:28:18.459 --> 0:28:21.550
<v Speaker 2>um which would indicate sort of the level of support

0:28:21.560 --> 0:28:22.650
<v Speaker 2>that we would like to see.

0:28:23.280 --> 0:28:26.280
<v Speaker 2>However, it's not all gloom and doom. As I said,

0:28:26.290 --> 0:28:31.579
<v Speaker 2>these conventions are attracting um uh new signatories, which is excellent,

0:28:31.589 --> 0:28:35.510
<v Speaker 2>which shows that states still see their relevance. Um But importantly,

0:28:35.520 --> 0:28:39.859
<v Speaker 2>those two conventions have been complemented by other Human Rights treaties.

0:28:40.000 --> 0:28:42.859
<v Speaker 2>Um And amongst these, uh maybe I'll highlight too,

0:28:43.079 --> 0:28:45.300
<v Speaker 2>uh one is the convention on the rights of the child,

0:28:45.310 --> 0:28:48.699
<v Speaker 2>which has been um, ratified by virtually every state in

0:28:48.709 --> 0:28:53.660
<v Speaker 2>the world by the US. Um, and that, uh, convention

0:28:53.670 --> 0:28:56.420
<v Speaker 2>is really important for protecting the right, uh to a

0:28:56.430 --> 0:28:59.780
<v Speaker 2>nationality for a child. Article seven and article eight

0:28:59.854 --> 0:29:02.734
<v Speaker 2>of that convention are specifically devoted to looking at the

0:29:02.744 --> 0:29:05.334
<v Speaker 2>child's right to a nationality, including where a child would

0:29:05.344 --> 0:29:08.875
<v Speaker 2>be left stateless. Um, so those are really important. And

0:29:08.885 --> 0:29:11.354
<v Speaker 2>then getting back to our topic of, you know, um

0:29:11.364 --> 0:29:14.244
<v Speaker 2>women and nationality rights. The other convention is the convention

0:29:14.255 --> 0:29:16.555
<v Speaker 2>on the elimination of discrimination against women.

0:29:16.939 --> 0:29:20.599
<v Speaker 2>Um Article nine of that convention has again, safeguards which

0:29:20.609 --> 0:29:22.979
<v Speaker 2>say that, you know, states must not discriminate against women

0:29:22.989 --> 0:29:26.160
<v Speaker 2>in nationality matters and must ensure that women have equal

0:29:26.170 --> 0:29:30.160
<v Speaker 2>rights with men to confer their nationality, um both to

0:29:30.170 --> 0:29:33.060
<v Speaker 2>their spouses and to their Children. So that's really important

0:29:33.069 --> 0:29:35.619
<v Speaker 2>as well. And that convention also has a high number

0:29:35.630 --> 0:29:37.839
<v Speaker 2>of state signatories. So that's good.

0:29:38.170 --> 0:29:40.069
<v Speaker 2>And beyond that, we also see that there are other

0:29:40.079 --> 0:29:43.739
<v Speaker 2>conventions um including at the regional level, which is something

0:29:43.750 --> 0:29:46.530
<v Speaker 2>that should not be forgotten that um different regions of

0:29:46.540 --> 0:29:49.930
<v Speaker 2>the world have also adopted instruments uh to protect the

0:29:49.939 --> 0:29:52.589
<v Speaker 2>right to a nationality. So when you combine all of

0:29:52.599 --> 0:29:54.989
<v Speaker 2>this together, you actually see that there is quite a

0:29:55.000 --> 0:30:00.469
<v Speaker 2>strong network um of international legal norms uh to protect

0:30:00.479 --> 0:30:03.290
<v Speaker 2>the right to a nationality and to avoid statelessness.

0:30:03.949 --> 0:30:09.489
<v Speaker 2>How effective have these international instruments been in safeguarding women's

0:30:09.500 --> 0:30:14.810
<v Speaker 2>nationality rights? Do these instruments actually have teeth on the ground?

0:30:17.270 --> 0:30:20.969
<v Speaker 2>So, um, well, it depends on whether you want to

0:30:20.979 --> 0:30:23.219
<v Speaker 2>look at it from a half, a glass, half full

0:30:23.229 --> 0:30:26.630
<v Speaker 2>or a glass, half empty perspective. Um, you know, as

0:30:26.640 --> 0:30:28.699
<v Speaker 2>I said, the, the key convention, when it comes to

0:30:28.709 --> 0:30:32.589
<v Speaker 2>protecting women's nationality rights is the convention on the elimination

0:30:32.599 --> 0:30:37.089
<v Speaker 2>of discrimination against women or Cedar. Um, and it has

0:30:37.099 --> 0:30:39.780
<v Speaker 2>these two very specific provisions that deal with sort of

0:30:39.790 --> 0:30:44.199
<v Speaker 2>two key ways in which women are treated unequally often

0:30:44.209 --> 0:30:46.500
<v Speaker 2>in their ability to confer nationality.

0:30:46.890 --> 0:30:52.660
<v Speaker 2>Um 10 years ago, there were 27 states globally that

0:30:52.670 --> 0:30:55.390
<v Speaker 2>did not give women equal rights with men to confer

0:30:55.400 --> 0:30:59.790
<v Speaker 2>nationality to their Children and almost 60 states that actually

0:30:59.800 --> 0:31:03.829
<v Speaker 2>didn't allow them to confer their nationality or acquire it, um,

0:31:03.839 --> 0:31:07.709
<v Speaker 2>from their male spouses on an equal basis. Um, what

0:31:07.719 --> 0:31:10.180
<v Speaker 2>we've seen in the last 10 years is that number,

0:31:10.189 --> 0:31:12.569
<v Speaker 2>particularly where it comes to women, being able to confer

0:31:12.579 --> 0:31:16.739
<v Speaker 2>their nationality to their Children has dropped from 27 to 24.

0:31:17.089 --> 0:31:20.869
<v Speaker 2>So that means that three states have reformed their laws. Now,

0:31:21.420 --> 0:31:25.709
<v Speaker 2>I take a glass half full approach because I recognize

0:31:25.719 --> 0:31:29.079
<v Speaker 2>that to change some of these laws is really a

0:31:29.089 --> 0:31:33.170
<v Speaker 2>herculean effort. Um These laws are not just laws, they

0:31:33.180 --> 0:31:38.479
<v Speaker 2>are embedded in society. Um It requires attitudes and hearts

0:31:38.489 --> 0:31:41.189
<v Speaker 2>and minds to change these laws and that is not

0:31:41.199 --> 0:31:44.380
<v Speaker 2>something that is easy to achieve. Um So I think

0:31:44.390 --> 0:31:45.790
<v Speaker 2>the fact that um

0:31:46.140 --> 0:31:49.890
<v Speaker 2>Madagascar Liberia and Sierra Leone, which are the three countries

0:31:49.900 --> 0:31:52.900
<v Speaker 2>that have taken this step is something really massive. Um

0:31:52.910 --> 0:31:56.540
<v Speaker 2>Particularly when you consider that some of these discriminations which

0:31:56.550 --> 0:31:59.680
<v Speaker 2>existed in the law were actually in those countries, constitutions.

0:31:59.939 --> 0:32:03.369
<v Speaker 2>So the constitutional change is pretty tough to achieve, uh

0:32:03.380 --> 0:32:07.130
<v Speaker 2>particularly given that, you know, it does require um some

0:32:07.140 --> 0:32:10.469
<v Speaker 2>serious attitudinal changes. Um

0:32:11.869 --> 0:32:14.199
<v Speaker 2>On the other hand, you know, there are still 24

0:32:14.209 --> 0:32:17.770
<v Speaker 2>countries with these discriminatory laws. Um We're really sort of

0:32:17.780 --> 0:32:20.390
<v Speaker 2>hopeful in the international community that that number will soon

0:32:20.400 --> 0:32:23.729
<v Speaker 2>come down to 23. If Malaysia is able to pass

0:32:23.739 --> 0:32:27.459
<v Speaker 2>an amendment that would see um women, Malaysian women being

0:32:27.469 --> 0:32:29.689
<v Speaker 2>able to confer their nationality to their Children on an

0:32:29.699 --> 0:32:31.410
<v Speaker 2>equal basis as Malaysian men.

0:32:31.739 --> 0:32:36.560
<v Speaker 2>Um But I think that uh uh you know, one could,

0:32:36.569 --> 0:32:39.040
<v Speaker 2>I would say that this instrument has been, you know,

0:32:39.050 --> 0:32:41.349
<v Speaker 2>important because without it, I don't think we would have

0:32:41.359 --> 0:32:44.880
<v Speaker 2>seen these uh reforms take place.

0:32:45.329 --> 0:32:47.800
<v Speaker 2>Um But that being said, I think that whenever I've

0:32:47.810 --> 0:32:49.869
<v Speaker 2>talked to anyone about the fact that there are 24

0:32:49.880 --> 0:32:53.569
<v Speaker 2>countries in the world with this kind of discrimination, everyone

0:32:53.579 --> 0:32:55.800
<v Speaker 2>is shocked, everyone thinks that in this day and age,

0:32:55.810 --> 0:32:58.689
<v Speaker 2>there is absolutely no excuse for a woman not to

0:32:58.699 --> 0:33:00.589
<v Speaker 2>be able to have the same rights as men when

0:33:00.599 --> 0:33:01.800
<v Speaker 2>it comes to nationality.

0:33:02.060 --> 0:33:04.520
<v Speaker 2>Um, so I guess on that side and that if

0:33:04.530 --> 0:33:09.060
<v Speaker 2>you take that reaction as sort of, um, something to, to, to, uh,

0:33:09.069 --> 0:33:12.959
<v Speaker 2>create a benchmark with, then yes, you know, these instruments, uh,

0:33:12.969 --> 0:33:17.510
<v Speaker 2>should be much more well known and applied by states. Um,

0:33:17.520 --> 0:33:20.719
<v Speaker 2>unfortunately there is no sort of mechanism at the UN

0:33:20.729 --> 0:33:22.969
<v Speaker 2>level or the global level to force the state to

0:33:22.979 --> 0:33:23.560
<v Speaker 2>do this.

0:33:23.829 --> 0:33:28.569
<v Speaker 2>But certainly the committee on the elimination of discrimination against women,

0:33:28.800 --> 0:33:30.890
<v Speaker 2>which is sort of the treaty body for that particular

0:33:30.900 --> 0:33:35.020
<v Speaker 2>convention has made a lot of statements to that effect.

0:33:35.199 --> 0:33:38.229
<v Speaker 2>And certainly as part of the Universal Periodic Review, which

0:33:38.239 --> 0:33:40.939
<v Speaker 2>is another sort of a process by which states can

0:33:40.949 --> 0:33:44.219
<v Speaker 2>kind of comment on each other's human rights track records.

0:33:44.380 --> 0:33:46.969
<v Speaker 2>There have been a lot of statements made by states

0:33:46.979 --> 0:33:51.329
<v Speaker 2>towards those that still maintain discriminatory provisions, encouraging them to

0:33:51.339 --> 0:33:52.770
<v Speaker 2>change it. So I think that

0:33:53.089 --> 0:33:57.010
<v Speaker 2>um there is a much higher level of awareness and

0:33:57.020 --> 0:33:59.280
<v Speaker 2>the fact that we are continuing to see countries make

0:33:59.290 --> 0:34:00.869
<v Speaker 2>these changes is very positive

0:34:02.109 --> 0:34:05.810
<v Speaker 2>before we talk about Malaysia. Is it fair to look

0:34:05.819 --> 0:34:09.580
<v Speaker 2>at this through a class prism as well? Because all

0:34:09.590 --> 0:34:15.339
<v Speaker 2>over the world, including here in Malaysia, we see popular footballers, celebrities,

0:34:15.350 --> 0:34:20.779
<v Speaker 2>the professional class and big investors move from one country

0:34:20.790 --> 0:34:23.860
<v Speaker 2>to another and gain citizenships sometimes

0:34:23.965 --> 0:34:29.084
<v Speaker 2>very quickly without any problems, right? Some are even citizens

0:34:29.094 --> 0:34:32.784
<v Speaker 2>of multiple countries. But at the same time, there are

0:34:32.794 --> 0:34:38.514
<v Speaker 2>millions of impoverished people who are stateless, despite them being

0:34:38.524 --> 0:34:41.705
<v Speaker 2>born in a particular country and living there for decades.

0:34:41.715 --> 0:34:43.145
<v Speaker 2>How do you see this problem?

0:34:43.949 --> 0:34:47.250
<v Speaker 2>Oh, I think it's absolutely an issue of class. I mean,

0:34:47.260 --> 0:34:49.120
<v Speaker 2>I think there are so many different lenses you can

0:34:49.129 --> 0:34:51.949
<v Speaker 2>apply but I think that that class is right up

0:34:51.959 --> 0:34:56.040
<v Speaker 2>there because, uh, what you actually see is as with poverty,

0:34:56.050 --> 0:34:59.250
<v Speaker 2>a widening gap between those who are citizenship rich and

0:34:59.260 --> 0:35:02.659
<v Speaker 2>those who are citizenship poor. Um In fact, you will see,

0:35:02.669 --> 0:35:07.810
<v Speaker 2>you know, wealthy people may have 234 citizenships. Um You know,

0:35:07.820 --> 0:35:10.239
<v Speaker 2>it's only, you know, it it's amazing to see that

0:35:10.250 --> 0:35:11.370
<v Speaker 2>in certain countries, you can buy

0:35:11.449 --> 0:35:15.770
<v Speaker 2>citizenship. It's actually marketed as in citizenship by investment, you

0:35:15.780 --> 0:35:18.469
<v Speaker 2>invest in a country and bang you get the citizenship,

0:35:18.479 --> 0:35:20.989
<v Speaker 2>you get the passport. I mean, this is being done

0:35:21.000 --> 0:35:24.419
<v Speaker 2>for tax purposes. Um You know, it's no uh no

0:35:24.429 --> 0:35:28.810
<v Speaker 2>wonder that people have unusual citizenships of small island states

0:35:28.820 --> 0:35:31.509
<v Speaker 2>where they to get tax breaks. Um So of course

0:35:31.520 --> 0:35:33.709
<v Speaker 2>there are, there's the citizenship poor but on the other hand,

0:35:33.719 --> 0:35:36.009
<v Speaker 2>you have uh so you have the citizenship rich, but

0:35:36.020 --> 0:35:38.260
<v Speaker 2>on the other hand, you have the citizenship poor who

0:35:38.270 --> 0:35:38.870
<v Speaker 2>are the state

0:35:39.219 --> 0:35:43.388
<v Speaker 2>who are rendered, you know, voiceless, who do not have

0:35:43.399 --> 0:35:46.870
<v Speaker 2>that standing within their country, let alone another country who

0:35:46.879 --> 0:35:50.639
<v Speaker 2>cannot travel, who have no means of alleviating their poverty,

0:35:50.649 --> 0:35:53.419
<v Speaker 2>that has been afflicting them for generations who don't have

0:35:53.429 --> 0:35:56.090
<v Speaker 2>the access to edu education, which is often the way

0:35:56.100 --> 0:35:58.649
<v Speaker 2>out of that poverty um who are really kept in

0:35:58.659 --> 0:36:01.429
<v Speaker 2>this place and quite physically. So because in some places

0:36:01.439 --> 0:36:04.810
<v Speaker 2>they're not even given the freedom to move. Um So

0:36:04.820 --> 0:36:06.330
<v Speaker 2>I think it is definitely

0:36:06.449 --> 0:36:09.509
<v Speaker 2>something that is class based. Um and something that is

0:36:09.520 --> 0:36:13.340
<v Speaker 2>perpetuated on the basis of class and something that is imposed,

0:36:13.350 --> 0:36:15.510
<v Speaker 2>in fact by those who are the elites and the

0:36:15.520 --> 0:36:19.360
<v Speaker 2>ruling who very much want to keep um particular populations,

0:36:19.370 --> 0:36:24.060
<v Speaker 2>perhaps even scapegoat certain populations by keeping them stateless. So

0:36:24.070 --> 0:36:28.070
<v Speaker 2>talking about the Malaysian situation, um which you um you know,

0:36:28.080 --> 0:36:32.270
<v Speaker 2>touched on just a moment ago, basically, what's happening right

0:36:32.280 --> 0:36:33.870
<v Speaker 2>now is that

0:36:34.159 --> 0:36:37.429
<v Speaker 2>the government has come up after being pushed by, you know,

0:36:37.439 --> 0:36:42.149
<v Speaker 2>many NGO S such as family frontiers and many others

0:36:42.409 --> 0:36:46.959
<v Speaker 2>to change the very sexist law we have in our

0:36:46.969 --> 0:36:51.939
<v Speaker 2>constitution where, you know, it's a father with a, who

0:36:51.949 --> 0:36:55.949
<v Speaker 2>married a foreign foreigner and has a child overseas, they

0:36:55.959 --> 0:36:59.080
<v Speaker 2>get to confer their citizenship. But if a mother marries

0:36:59.090 --> 0:37:02.040
<v Speaker 2>a foreigner and has a child overseas, they can't confer

0:37:02.050 --> 0:37:02.979
<v Speaker 2>their citizenship.

0:37:03.209 --> 0:37:06.229
<v Speaker 2>So the push has been to change the word father

0:37:06.239 --> 0:37:12.149
<v Speaker 2>to parent, which the government has finally agreed to do. So. Unfortunately,

0:37:12.159 --> 0:37:14.549
<v Speaker 2>what they have put up is, you know, this whole

0:37:14.560 --> 0:37:18.679
<v Speaker 2>bundle of changes that they want to make. And essentially

0:37:18.689 --> 0:37:20.060
<v Speaker 2>they are saying, if you want to

0:37:20.209 --> 0:37:23.409
<v Speaker 2>and this particular change, you must also accept, you know,

0:37:23.419 --> 0:37:26.889
<v Speaker 2>6 to 7 other changes where it is going to

0:37:26.899 --> 0:37:32.000
<v Speaker 2>perpetuate statelessness for a lot of other categories of people,

0:37:32.360 --> 0:37:36.239
<v Speaker 2>you know, foundlings, Children of born out of wedlock and

0:37:36.250 --> 0:37:40.729
<v Speaker 2>things like that. You were in care last week to

0:37:40.739 --> 0:37:44.070
<v Speaker 2>speak about this issue, to have discussions on this issue.

0:37:44.350 --> 0:37:46.310
<v Speaker 2>What is your take on

0:37:46.689 --> 0:37:51.550
<v Speaker 2>the, the government's trajectory and the, and the proposal when

0:37:51.560 --> 0:37:55.279
<v Speaker 2>it comes to the nationality laws in Malaysia? So, first

0:37:55.290 --> 0:37:57.149
<v Speaker 2>of all, can I just sort of start out by

0:37:57.159 --> 0:38:02.379
<v Speaker 2>saying that the effort particularly by civil society in Malaysia?

0:38:02.389 --> 0:38:05.300
<v Speaker 2>And I would also say, you know, affected mothers outside

0:38:05.310 --> 0:38:08.709
<v Speaker 2>Malaysia to bring this issue into the limelight and to

0:38:08.719 --> 0:38:12.409
<v Speaker 2>campaign so relentlessly and to have so much courage to

0:38:12.419 --> 0:38:15.790
<v Speaker 2>sort of um see the this particular issue brought to

0:38:15.800 --> 0:38:16.310
<v Speaker 2>court

0:38:16.770 --> 0:38:21.290
<v Speaker 2>um is really something to admire and, and really kind

0:38:21.300 --> 0:38:25.209
<v Speaker 2>of learn from. Um it shows how we're sustained community

0:38:25.219 --> 0:38:27.050
<v Speaker 2>pressure by those who are affected,

0:38:27.409 --> 0:38:30.310
<v Speaker 2>um can really deliver real change. And I really do

0:38:30.320 --> 0:38:33.110
<v Speaker 2>hope that this one particular amendment which is a good

0:38:33.120 --> 0:38:36.149
<v Speaker 2>amendment to, as you say, change the word father to

0:38:36.159 --> 0:38:39.030
<v Speaker 2>parent and equalize the ability of both parents to confer

0:38:39.040 --> 0:38:42.590
<v Speaker 2>nationality is really something the government should be commended for.

0:38:42.600 --> 0:38:45.790
<v Speaker 2>And I hope it does pass um as for the

0:38:45.800 --> 0:38:48.459
<v Speaker 2>other amendments, you know, uh as someone who's worked in

0:38:48.469 --> 0:38:50.659
<v Speaker 2>this field for a while, at least for me, it

0:38:50.669 --> 0:38:52.350
<v Speaker 2>came a little bit out of the blue

0:38:52.639 --> 0:38:54.750
<v Speaker 2>and it really sort of in a way leaves a

0:38:54.760 --> 0:38:56.939
<v Speaker 2>bitter taste in the mouth because on the one hand,

0:38:56.949 --> 0:39:00.239
<v Speaker 2>you have this really remarkable amendment that really seeks to right,

0:39:00.250 --> 0:39:04.159
<v Speaker 2>a historical wrong against women. Um, sort of being overshadowed

0:39:04.169 --> 0:39:07.000
<v Speaker 2>if you like by uh these amendments that do

0:39:07.280 --> 0:39:11.199
<v Speaker 2>you know, if, if passed will result in many, many,

0:39:11.209 --> 0:39:16.280
<v Speaker 2>many Children in particular being left stateless. Um, and, you know,

0:39:16.290 --> 0:39:18.610
<v Speaker 2>Malaysia is a, is a party to the convention on

0:39:18.620 --> 0:39:21.060
<v Speaker 2>the rights of the child. Um It has, it has

0:39:21.070 --> 0:39:23.909
<v Speaker 2>committed to ensuring that, you know, a child has the

0:39:23.919 --> 0:39:27.129
<v Speaker 2>right to a nationality. Um And the other thing that

0:39:27.139 --> 0:39:30.770
<v Speaker 2>I would say is that these, these sort of regressive steps,

0:39:30.780 --> 0:39:32.360
<v Speaker 2>particularly when it comes to

0:39:32.455 --> 0:39:36.205
<v Speaker 2>Children are really quite unprecedented. When you look at other states,

0:39:36.215 --> 0:39:39.925
<v Speaker 2>both in the region and globally, states are not doing this,

0:39:39.935 --> 0:39:44.435
<v Speaker 2>they're not taking regressive action to increase the number of

0:39:44.445 --> 0:39:47.314
<v Speaker 2>Children who might be stateless or left at risk of state.

0:39:47.324 --> 0:39:50.955
<v Speaker 2>In fact, we're seeing the opposite. So states, you know,

0:39:50.965 --> 0:39:53.154
<v Speaker 2>in general, as I said, we could see a lot

0:39:53.165 --> 0:39:55.734
<v Speaker 2>more action in this area, but if states are changing

0:39:55.745 --> 0:39:57.544
<v Speaker 2>their laws, they are changing them for the better.

0:39:57.800 --> 0:40:00.939
<v Speaker 2>So this is what makes Malaysia's kind of step in

0:40:00.949 --> 0:40:04.459
<v Speaker 2>this regard really kind of um out of kilter with

0:40:04.469 --> 0:40:05.459
<v Speaker 2>what's going on

0:40:05.919 --> 0:40:08.320
<v Speaker 2>in the rest of the world. And it's also quite

0:40:08.330 --> 0:40:12.929
<v Speaker 2>unclear the motivations and the evidence for making this kind

0:40:12.939 --> 0:40:16.330
<v Speaker 2>of change, which would, you know, potentially render more Children

0:40:16.340 --> 0:40:20.679
<v Speaker 2>stateless is also very unclear. There, there's been some discussion

0:40:20.689 --> 0:40:24.379
<v Speaker 2>about how this sort of um addresses a national security issue,

0:40:24.510 --> 0:40:28.589
<v Speaker 2>but what that issue actually is has not been spelled out.

0:40:28.750 --> 0:40:31.600
<v Speaker 2>And I think that in, in, in all of these situations,

0:40:31.610 --> 0:40:33.929
<v Speaker 2>you have to balance, you know, um

0:40:34.530 --> 0:40:37.379
<v Speaker 2>what is actually a right for a child and given

0:40:37.389 --> 0:40:40.379
<v Speaker 2>the impact that this will have on Children uh in

0:40:40.389 --> 0:40:44.110
<v Speaker 2>terms of their ability to access other rights, it really

0:40:44.120 --> 0:40:46.540
<v Speaker 2>is a very much a backwards move. And I do

0:40:46.550 --> 0:40:49.790
<v Speaker 2>hope that um parliamentarians when they come to looking at

0:40:49.800 --> 0:40:53.250
<v Speaker 2>these amendments and discussing them will, will take a good

0:40:53.260 --> 0:40:54.939
<v Speaker 2>long look at Malaysia's,

0:40:55.270 --> 0:40:58.100
<v Speaker 2>you know, international obligations, but also what's good for the

0:40:58.110 --> 0:41:00.840
<v Speaker 2>country because these Children are going to remain in the

0:41:00.850 --> 0:41:04.949
<v Speaker 2>country um will just be without um uh the kinds

0:41:04.959 --> 0:41:07.169
<v Speaker 2>of rights that will allow them to flourish and be

0:41:07.179 --> 0:41:11.060
<v Speaker 2>integrated citizens uh in a way that that will ultimately

0:41:11.070 --> 0:41:14.810
<v Speaker 2>help the country itself. Are there any countries that are

0:41:14.820 --> 0:41:15.580
<v Speaker 2>handling

0:41:15.679 --> 0:41:19.310
<v Speaker 2>the issue of statelessness? Well, especially when we look at

0:41:19.320 --> 0:41:23.029
<v Speaker 2>around the region, but of course, at an international, you

0:41:23.040 --> 0:41:25.819
<v Speaker 2>can look at various continents and so on and so forth.

0:41:26.100 --> 0:41:30.260
<v Speaker 2>Um What are the best frameworks for handling the issue

0:41:30.270 --> 0:41:34.040
<v Speaker 2>of statelessness? Are there any countries that the likes of

0:41:34.050 --> 0:41:38.049
<v Speaker 2>Malaysia can learn from? Yes. So we have seen so

0:41:38.060 --> 0:41:43.340
<v Speaker 2>many strong champions in the last 10 or so years,

0:41:43.350 --> 0:41:45.100
<v Speaker 2>who've taken very positive action

0:41:45.399 --> 0:41:48.780
<v Speaker 2>to address statelessness. I mean, starting with, I suppose the region,

0:41:49.870 --> 0:41:52.510
<v Speaker 2>you know, uh and I suppose the region more more broadly,

0:41:52.520 --> 0:41:55.850
<v Speaker 2>if you look at the broader Asia Pacific region, um

0:41:55.860 --> 0:41:58.239
<v Speaker 2>the the country that has sort of achieved the most

0:41:58.250 --> 0:42:02.719
<v Speaker 2>in terms of numbers uh is Kyrgyzstan uh in Central

0:42:02.729 --> 0:42:06.889
<v Speaker 2>Asia which has actually in 2019 announced that it actually

0:42:06.899 --> 0:42:09.819
<v Speaker 2>resolved all of its hundreds of thousands of cases of state.

0:42:10.232 --> 0:42:13.272
<v Speaker 2>These were legacy cases from the breakup of the US

0:42:13.282 --> 0:42:17.393
<v Speaker 2>sr and the work that it did to address statelessness

0:42:17.402 --> 0:42:20.403
<v Speaker 2>um was really, really remarkable and it was able to

0:42:20.413 --> 0:42:23.992
<v Speaker 2>conclude all the existing cases. Now, of course, statelessness doesn't

0:42:24.002 --> 0:42:26.761
<v Speaker 2>remain resolved forever. There may be new cases bubbling up

0:42:26.772 --> 0:42:29.942
<v Speaker 2>but they are proactively addressing those which is very

0:42:30.055 --> 0:42:33.736
<v Speaker 2>positive to see um closer to the sort of Southeast

0:42:33.746 --> 0:42:38.645
<v Speaker 2>Asia region. I think that um some standout examples include

0:42:38.656 --> 0:42:42.565
<v Speaker 2>um uh the Philippines, which has taken a very proactive

0:42:42.575 --> 0:42:47.246
<v Speaker 2>approach to addressing statelessness um both within its territories, but

0:42:47.256 --> 0:42:50.006
<v Speaker 2>also in recognition of the fact that there are um

0:42:50.389 --> 0:42:54.129
<v Speaker 2>uh Filipino migrants who are working in neighboring countries. Um

0:42:54.139 --> 0:42:56.330
<v Speaker 2>So there's been a really proactive push to try and

0:42:56.340 --> 0:43:00.888
<v Speaker 2>ensure that um they grant their nationality where appropriate to, to,

0:43:00.899 --> 0:43:03.580
<v Speaker 2>to those people. Um But I think it's also taken

0:43:03.590 --> 0:43:05.830
<v Speaker 2>the matter seriously in terms of setting up a committee

0:43:05.840 --> 0:43:09.080
<v Speaker 2>within the government that is focused on statelessness, recognizing that

0:43:09.090 --> 0:43:09.929
<v Speaker 2>it's an issue

0:43:10.169 --> 0:43:13.260
<v Speaker 2>um and developed a national action plan to sort of

0:43:13.300 --> 0:43:16.489
<v Speaker 2>plan the steps needed to address the the problem. So

0:43:16.500 --> 0:43:19.889
<v Speaker 2>I think that that's also um a really strong example,

0:43:20.050 --> 0:43:21.968
<v Speaker 2>we also see um

0:43:22.959 --> 0:43:28.350
<v Speaker 2>in the region. Uh States like Vietnam and Thailand, which

0:43:28.360 --> 0:43:30.750
<v Speaker 2>have also, you know, recognized that they have an issue

0:43:30.760 --> 0:43:34.629
<v Speaker 2>of statelessness. Uh Again, different causes there, the background of

0:43:34.639 --> 0:43:37.919
<v Speaker 2>stateless communities in those two countries being on the basis

0:43:37.929 --> 0:43:41.350
<v Speaker 2>of their ethnicity. Um But I think this real acknowledgement

0:43:41.360 --> 0:43:44.719
<v Speaker 2>that um while it might take time and you know,

0:43:44.729 --> 0:43:45.779
<v Speaker 2>for example, Thailand, they have

0:43:45.843 --> 0:43:48.643
<v Speaker 2>hundreds and thousands of cases of stateless people who live

0:43:48.652 --> 0:43:51.623
<v Speaker 2>in the hill tribe regions. Recognizing that while it might

0:43:51.633 --> 0:43:54.633
<v Speaker 2>take time to resolve statelessness, there's still kind of a

0:43:54.643 --> 0:43:58.042
<v Speaker 2>positive and a forward momentum, not this sort of stepping

0:43:58.052 --> 0:44:02.343
<v Speaker 2>back progressively uh kind of approach. So I think that

0:44:02.353 --> 0:44:06.133
<v Speaker 2>inspiration can be drawn from, from those countries for sure.

0:44:06.312 --> 0:44:08.652
<v Speaker 2>And certainly, when you look at the issue of gender

0:44:08.756 --> 0:44:11.035
<v Speaker 2>discrimination in the nationality laws, as I mentioned, there are

0:44:11.045 --> 0:44:14.016
<v Speaker 2>these three African states that have taken very positive steps.

0:44:14.355 --> 0:44:17.375
<v Speaker 2>Um and it would be really good to see other

0:44:17.385 --> 0:44:21.285
<v Speaker 2>countries including Malaysia follow suit. Rather, it's been a very

0:44:21.295 --> 0:44:24.716
<v Speaker 2>fascinating conversation before we wrap up. Would you have a

0:44:24.726 --> 0:44:28.305
<v Speaker 2>final message for us with regard to the issue of statelessness,

0:44:28.315 --> 0:44:31.525
<v Speaker 2>especially um you know, how and how it impacts women.

0:44:32.090 --> 0:44:34.570
<v Speaker 2>So I think that, you know, I've, I've worked on

0:44:34.580 --> 0:44:37.530
<v Speaker 2>this issue for quite a number of years now and I've,

0:44:37.540 --> 0:44:41.060
<v Speaker 2>you know, been very fortunate to um meet people who

0:44:41.070 --> 0:44:45.590
<v Speaker 2>have been stateless and hear from them about their stories. And, um,

0:44:45.820 --> 0:44:48.029
<v Speaker 2>you know, I think one thing that I've been struck

0:44:48.040 --> 0:44:51.629
<v Speaker 2>by is that statelessness. Even the word sounds a bit

0:44:51.639 --> 0:44:53.270
<v Speaker 2>cold and technical.

0:44:53.959 --> 0:44:56.429
<v Speaker 2>But when you actually meet someone who's stateless and you

0:44:56.439 --> 0:44:59.219
<v Speaker 2>see the kind of impacts that they have on it

0:44:59.229 --> 0:45:00.739
<v Speaker 2>have on in their life, there is no way that

0:45:00.750 --> 0:45:03.370
<v Speaker 2>you would want to wish that on anyone. And what

0:45:03.379 --> 0:45:06.138
<v Speaker 2>stateless people are asking for is nothing unusual. They're not

0:45:06.149 --> 0:45:09.479
<v Speaker 2>asking to be made into millionaires. They're not asking to

0:45:09.489 --> 0:45:13.340
<v Speaker 2>live in the fanciest houses. They're basically being asked,

0:45:13.639 --> 0:45:16.360
<v Speaker 2>you know, they're asking for an opportunity to live normal

0:45:16.370 --> 0:45:20.949
<v Speaker 2>lives and to basically be equipped to take advantage of

0:45:20.959 --> 0:45:23.540
<v Speaker 2>the very basic rights that we all enjoy. And I

0:45:23.550 --> 0:45:25.379
<v Speaker 2>think that when you meet someone who is stateless and

0:45:25.389 --> 0:45:28.080
<v Speaker 2>you see what they're living through and given that it

0:45:28.090 --> 0:45:31.790
<v Speaker 2>happens over the course of their entire life, particularly for women,

0:45:32.370 --> 0:45:34.909
<v Speaker 2>uh you realize that the toll that this can take,

0:45:34.919 --> 0:45:38.489
<v Speaker 2>it's almost like an ongoing emergency. It's not sort of

0:45:38.500 --> 0:45:40.620
<v Speaker 2>a day to day or I just live my life

0:45:40.629 --> 0:45:42.870
<v Speaker 2>like this and sometimes it's difficult and sometimes it's not,

0:45:43.129 --> 0:45:47.360
<v Speaker 2>it's really hard all the time and the toll that,

0:45:47.370 --> 0:45:51.388
<v Speaker 2>that takes and the resilience that these people show, um in,

0:45:51.399 --> 0:45:54.649
<v Speaker 2>in the face of, you know, uh such deprivation is

0:45:54.659 --> 0:45:57.830
<v Speaker 2>really something uh that, you know, the whole world should

0:45:57.840 --> 0:45:58.820
<v Speaker 2>understand

0:45:59.070 --> 0:46:01.290
<v Speaker 2>and there should be a lot more action to resolve it.

0:46:01.300 --> 0:46:04.570
<v Speaker 2>It's not that difficult. Certainly, in the case of sex

0:46:04.580 --> 0:46:07.290
<v Speaker 2>discrimination in the nationality laws, while it does require a

0:46:07.300 --> 0:46:11.570
<v Speaker 2>change of attitude in communities, it can be done and

0:46:11.580 --> 0:46:14.209
<v Speaker 2>countries are showing that it, it, it has been done

0:46:14.320 --> 0:46:17.689
<v Speaker 2>and successfully. So, um and so I would just say

0:46:17.699 --> 0:46:19.209
<v Speaker 2>that I think that if,

0:46:19.610 --> 0:46:21.888
<v Speaker 2>if much more could be done to just um see

0:46:21.899 --> 0:46:24.600
<v Speaker 2>this issue as something that is allowing humans to be

0:46:24.610 --> 0:46:29.179
<v Speaker 2>human beings and fulfill um just the basic capacities that

0:46:29.189 --> 0:46:32.399
<v Speaker 2>we all want to enjoy. Um That would take us

0:46:32.409 --> 0:46:35.219
<v Speaker 2>forward in terms of not seeing this as some, some

0:46:35.229 --> 0:46:38.020
<v Speaker 2>uh step that's too big to jump. It's a very,

0:46:38.030 --> 0:46:41.729
<v Speaker 2>very simple step that needs to be taken to drastically

0:46:41.739 --> 0:46:44.350
<v Speaker 2>improve the lives of um quite a lot of people

0:46:44.360 --> 0:46:45.029
<v Speaker 2>around the world.

0:46:45.580 --> 0:46:48.080
<v Speaker 2>Thank you so much for joining me today. Thank you

0:46:48.090 --> 0:46:51.909
<v Speaker 2>very much. That was associate professor rather go from the

0:46:51.919 --> 0:46:57.600
<v Speaker 2>Peter mcmullin Center on Statelessness University of Melbourne. I'm Dain

0:46:57.770 --> 0:47:02.029
<v Speaker 2>Johan and this has been beyond the ballot box BFM 89.9.

0:47:07.449 --> 0:47:11.580
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0:47:14.610 --> 0:47:16.159
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