42 By-passing state power and neutralising state bureaucracies
product of negotiations with these post-colonial states, as well as Britain, and
was also influenced by socialism.11 It largely balanced notions of indigeneity,
with other links to the country, as well as loyalty and elective citizenship.
It was after the advent of military rule in 1962, where debates relating to
self-determination were playing out internationally, that the military state in
Burma began to reorganise inter-ethnic relations and notions of citizenship
around more exclusive and exclusionary forms of national identity (Zarni and
Brinham 2017; Charney 2018). By the time these exclusions were encoded in
the 1982 Citizenship Law, the Burmese state had sweeping powers to establish the rules in ways that breached non-discrimination norms and effectively
withdrew nationality from Rohingya and other minorities (de Chickera, Arraiza et al. 2021). The British acting Head of Mission to Myanmar in private
correspondence captured the tension between self-determination of colonised
peoples and discrimination in the then-newly enacted 1982 Burma Citizenship Law:
The new law is blatantly discriminatory on racial grounds. If the new
procedures that are being prepared turn out to be as rigorous as we suspect they will be, then the Law may in practice be even more discriminatory than its text pretends. On the other hand, it would be possible
to argue that the new Law is a generous and far-sighted instrument to
resolve over a period of time an awkward legacy of the colonial era.12
Despite the fact that the 1982 law, then, was blatantly discriminatory and
denied many the right to nationality, no were few avenues through which international pressure could be placed on Burma to comply with international
non-discrimination norms in citizenship rules.
The alignment of statist and human rights interests in matters
of statelessness
This section considers how reducing statelessness and assigning a nationality
to every person relates to both statist and human rights concerns. It highlights the implications of the alignment of these interests in terms of lending
state registration and identification projects’ legitimacy and resources.
Statelessness as a statist concern
As noted, citizenship is linked to national sovereignty, with states retaining broad discretion to determine their own membership (see also Goldston
2006; Spiro 2011).13 Nationality law, thus remains within ‘the reserved domain’ of states (Conklin 2014) and has been described as ‘the last bastion
in the citadel of sovereignty’ (Spiro 2011: 746). However, this discretion is
not absolute and is limited, at least in theory, by human rights obligations.