2020
Statelessness & Citizenship Review
I
2(2)
INTRODUCTION
An earthquake cannot swallow a nation, but another nation will.
— Official Motto of the Burmese Ministry of Labour, Immigration and
Population (‘MoLIP’). 1
The grave problem facing the country given the great number of Haitians who
have passively invaded our territory on a massive scale, and, what is worse they
are procreating children with Dominican women, who by virtue of having been
born here are Dominican.
— Memorandum from Manuel De Jesus Estrada Medina, Director General of
Migration to President Joaquin Balague, 6 May 1969. 2
The silent and invidious demographic invasion of Assam may result in the loss
of the geostrategically vital districts of lower Assam.
— Supreme Court of India, Sarbananda Sonowal v Union of India. 3
Discriminatory policies have the capacity to create statelessness on a massive
scale. Unsurprisingly, the overwhelming majority of stateless persons around the
world belong to impoverished minority communities whose members are not
considered legitimate citizens of the countries they inhabit. 4 The intentionality of
such discrimination is guided inter alia by xenophobia, racism and its nationalist
expression: nativism, understood here as the belief that an internal minority with
real or alleged foreign connections is a threat to the nation. Exclusionary
narratives, according to this line of thought, present the target communities as an
enemy invader.
Hence, this article analyses how nativism is reflected in the production of laws
and policies that have led to large groups of stateless persons. It does so by
comparing three relevant cases: Rakhine State and wider Myanmar, the
Dominican Republic in the Caribbean and the State of Assam in India. In all three
situations, discriminatory policies have led to the disenfranchisement of large
groups of its minority population (the Rohingya and others in Myanmar, ethnic
1
2
3
4
‘Myanmar
Info’
Ministry
of
Labour,
Immigration,
and
Population
<http://www.modins.net/myanmarinfo/ministry/population.htm> (‘MoLIP Web Page’).
Memorandum from Manuel De Jesus Estrada Medina, Director General of Migration to
President Joaquin Balague, 6 May 1969 in Allison Petrozziello, Género y el Riesgo de
Apatridia para la Población de Ascendencia Haitiana en los Bateyes de la República
Dominicana (Centro para la Observación Migratoria y el Desarrollo en el Caribe 2017) annex
1.
[2005] 5 SCC 665, 24 (‘Sonowal’).
This article develops the research undertaken by the authors for the Chapter ‘Statelessness
Motivated by Nativism, Racism and Xenophobia: A Comparison of Myanmar, the Dominican
Republic and India’ in The World’s Stateless: Deprivation of Nationality (Institute on
Statelessness and Inclusion 2020) 163.
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