between laws and how they function in society have spurred a rich
scholarship on the bureaucratic and administrative state practices that
are often involved in the production of statelessness, a phenomenon also
explored in the contributions to this volume.71 Such socio-legal
approaches, often involving ethnographic research (see Chapter 6), have
expanded our understanding of the origin and consequences of statelessness in Asia.
As a start, it bears noting that many nationality laws in the region have
deep roots in colonial histories. One colonial legacy is the dominance of
jus sanguinis as the primary mode of acquisition of nationality at birth in
Asia.72 This contrasts with the practice in the Americas, where jus soli is
more widely used. Even where jus soli was initially adopted, countries in
Asia have followed a global trend in the abolition of automatic jus soli,
often by replacing relevant provisions with more conditional forms of jus
soli.73 The chapter on India in this book, for example, examines this
gradual evolution towards more restrictive modes of acquisition of
nationality. Combined with the prevalent reliance on legal documentation and mounting burden of proof – frequently affecting some groups
more than others – these developments have forced many populations to
undergo costly, complex, and difficult administrative processes to seek to
prove their citizenship, sometimes unsuccessfully. Colonial legacy may
also manifest in underlying prejudices and discriminatory practices
embedded in the citizenship regime. Indeed, chapters in this volume
show how state practices have rendered many communities in the region
stateless, often in arbitrary and discriminatory ways.
The intersection of gender and statelessness is another area studied in
this book, particularly as arising from cross-border marriages. As in other
regions in the world, the abolition of gender-discriminatory nationality
laws, allowing women to possess their independent nationality and
granting them equal rights with men in their ability to acquire, change,
retain or pass on their nationality, has been a long and protracted process.
Brunei, Malaysia and Nepal are among the countries in the region that still
71
See also Jamie Liew, Ghost Citizens: Decolonial Apparitions of Stateless, Foreign and
Wayward Figures in Law (Fernwood Publishing 2024) and Kamil Sadiq, Paper Citizens:
How Illegal Immigrants Acquire Citizenship in Developing Countries (Oxford University
Press, 2009).
72
Olivier Vonk, ‘Comparative Report: Citizenship in Asia’ (Comparative Report 2017/04,
GLOBALCIT December 2017).
73
ibid.
https://doi.org/10.1017/9781009399555.003 Published online by Cambridge University Press