THE RIGHT TO CITIZENSHIP AND THE THREAT OF STATELESSNESS: THE GAMBIA’S AND INDONESIA’S CONSTITUTIONAL DICHOTOMY

Mendy, Ousu (2024) THE RIGHT TO CITIZENSHIP AND THE THREAT OF STATELESSNESS: THE GAMBIA’S AND INDONESIA’S CONSTITUTIONAL DICHOTOMY. S2 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The issue of citizenship and statelessness in both The Gambia and Indonesia is as topical as it is dichotomic and the impact of the latter is of great concern both at national and international levels. States as legal entities are governed mainly by state laws in the form of constitutions and legislations. This research aims at making a comparative study on the right to citizenship in The Gambia and Indonesia with the aim of minimizing the gaps that promote statelessness. It also aims at reducing the effects of statelessness in constitutional governance of these states and finally, analyses how stateless people can be included in their national human rights frameworks. This research uses empirical and normative research methods. Interviews and desk reviews are conducted on The Gambia and Indonesia to present the results of this research. Legislative, conceptual and comparative approaches are used to support the theoretical basis of this research. This research finds that, the problems of citizenship and statelessness still persist due to differences that exist in national laws of various states. Therefore, dual citizenship is important as it helps in minimizing the gap between citizenship and statelessness. Also, the rule of law in terms of protecting individual’s rights and limitation of states’ interference and respect for human rights is quite limited as regards the right to citizenship. So, the legal implication of statelessness is that it undermines the rule of law and equality before the law which are key components of modern constitutionalism. Finally, to create inclusivity of stateless people in the concept and perception of national human rights frameworks, there must be urgency not only to sign the relevant international instruments on citizenship and statelessness but to also ratify and domesticate them into national legislations thereby making them binding on The Gambia and Indonesia

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