2020
Statelessness & Citizenship Review
2(2)
border communities, subject to a history of cross boundary migration flows, often
either autochthonous or at least long settled in the countries in question, are reimagined as ‘illegal migrants’ in nativist nation building narratives. 12
In other cases, deprivation of citizenship may take place through irregular,
discriminatory administrative practices, which result from abuse of authority and
despite existing legal rights and remedial procedures on paper. 13 Such practices
constitute administrative violence. Conceptually, administrative violence may be
understood in the context of statelessness as ‘the use of all possible administrative
means to de-legitimise the claims to citizenship by anybody feeling some sense of
entitlement’. 14 This is how Claire Beaugrand defines administrative violence as
experienced by the Biduns in Kuwait. In this particular case, Beaugrand identifies
four mechanisms of delegitimisation of the Bidun’s claims: imposing an identity
rejected by the concerned persons, the denial of socio-economic rights, a symbolic
process of stigmatisation, and a complete lack of transparency.
For the purposes of this research, administrative violence takes place primarily
as the deprivation of individual rights by arbitrarily denying official
documentation and/or citizenship and is ideologically grounded in nativism. The
end result of such policies is the consideration of groups of inhabitants who are,
or arguably descend from, migrants (often regardless of how many generations)
as foreigners.
Furthermore, citizenship is a tool of exclusion from an economic standpoint,
shielding wealthier countries from impoverished migrants. 15 Hence, a mixture of
xenophobia, racism (which in the three cases studied is linked to notions of postcolonial ‘whiteness’) and nativism together with classism serves to undermine
legitimate claims to citizenship for impoverished migrants or otherwise internal
minorities presumed to be ‘foreign’ and their descendants. 16 When such policies
target large groups of persons who share a common cultural, religious or ethnic
background, mass statelessness is produced.
With this frame in mind, the following sections will analyse the earlier
mentioned case studies. The existence of historical kinship lines across the border
with neighbouring states has brought forward a nativist re-imagination of certain
groups as invaders and infiltrators. This is the case in Rakhine State and wider
Myanmar, the State of Assam in India and the Dominican Republic. Hence, the
article will look comparatively at citizenship policies and their relationship to
nativism, the progressive erosion of jus soli and administrative violence exercised
in these three scenarios. The relevance of nativism to the communities concerned
is also problematised.
12
13
14
15
16
See Tyler Anbinder, ‘Nativism and Prejudice against Immigrants’ in Reed Ueda (ed), A
Companion to American Immigration (Blackwell 2006) 177–201; Hans-Georg Betz,
‘Nativism across Time and Space’ (2017) 23(4) Swiss Political Science Review 335.
Claire Beaugrand, ‘Administrative Violence and Statelessness: Bidun’s Survival Strategies in
Kuwait’ (2011) 101(2) The Muslim World 228, 234–36.
ibid.
Rogers Brubaker, Citizenship and Nationhood in France and Germany (Harvard University
Press 1992).
Alfred J López, Post-Colonial Whiteness: A Critical Reader on Race and Empire (State of
New York University Press 2005).
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