Fighting Imagined Invasions with Administrative Violence
Myanmar and Assam see the possibility of foreigner males having sexual
relationships, or marrying, national women as a national threat. Interestingly, in
the Dominican Republic it is the opposite: Dominican men who partner with
Haitian or Haitian descended women are seen as the threat. This is reflected in
either explicit discriminatory legislation, as in the case of the Myanmar ‘race and
religion laws’, the Indian laws concerning ‘abducted persons’ or discriminatory
practices, as in the case of the Dominican Republic. The various implications of
gender considerations in the making of nativist citizenship laws and policies
warrant also further research.
In terms of differences, there are a variety of features that are unique to each of
the countries from the perspective of this analysis. The quasi-apartheid regime that
has been present in the State of Rakhine in Myanmar since the 1970s is a salient
difference. The Burmese effort to enumerate who are the indigenous natives is
also very peculiar to Myanmar, as is the fact that naturalisation is not possible at
all. The almost absolute lack of effective administrative and judicial remedial
avenues in the Burmese context is also unique (even though Assam comes quite
close with its Foreigner Tribunals). Of the three states, the Dominican Republic is
the only one where citizenship policies have come under scrutiny of a human
rights judicial body, the Inter-American Court of Human Rights. Unfortunately,
this has not yet resulted in a significant improvement on the protection of the right
to a nationality.
VI
CONCLUDING OBSERVATIONS
The ideologies of racism, xenophobia and, particularly in its nationalist version,
nativism are important root causes of mass statelessness in ethnic and religious
minorities.
The imagining of peaceful invasions by alleged illegal migrants and the various
narratives observed in the three countries analysed demonstrate how nativism and
its exclusionary policies are a global phenomenon that manifests itself in similar
ways in different contexts, despite its pretension of representing unique problems
in different nations.
The move towards eroding jus soli and to identify and disenfranchise ‘the
other’, be it migrants or border and long-settled communities constitute solid
trends in the decades after independence in both India and Myanmar and from the
1930s onwards in the Dominican Republic.
The use of administrative violence in all three cases places individuals in a
defenceless position that is often exacerbated by the lack of accessible, effective
remedies (especially in Myanmar). The fact that such violence is overwhelmingly
used against persons who face the worst conditions of social, economic and
political vulnerability makes it a great human rights concern.
The episodes of physical violence against minorities described in all three cases
show an important parallel between discriminatory policies and violence. In this
sense, the mass expulsion of Rohingya from Myanmar in 2017 are a cautionary
tale as to what could happen in places like Assam if such policies are taken to the
extreme.
Conversely, the human rights associated with citizenship, statelessness and
legal identity represent the standards upon which to base advocacy for the
inclusion and protection of vulnerable individuals and minorities at the global
level.
221