By-passing state power and neutralising state bureaucracies 55
Joppke 2007). However, since this study is concerned with de jure statelessness, I draw on Joppke’s notion of identity as an ‘intrinsically state-related
concept’ (2007:38).
Theorisations of the third aspect of citizenship, identity, have been
strongly influenced since the 1990s by the entrenchment of the human
rights regime (Spiro 2011). Contemporary theories of citizenship, such as
universalist and post-national approaches, have framed citizenship around
individual rights rather than collective identities—people are understood to
claim and enjoy citizenship in different countries that do not always reflect
their ethnic or cultural identity (Benhabib 1999; Sassen 2003; Benhabib
2004; Soysal 2004). These theories have gained increasing prominence, particularly in understanding the dynamic nature of citizenship in the global
north. Within these theories, there has been a ‘decoupling of rights and
identity’ (Soysal 2004; Howard-Hassmann 2015). As an issue of justice in
an age of mass mobility, claims to citizenship based on long-term residence
and the individual human right to citizenship are often viewed as trumping claims based solely on membership of an ethnic, cultural, or ‘national’
group (Carens 2013). A person may enjoy and enact rights as a citizen of
a particular state, and yet that citizenship may only be loosely associated
with the multiple and shifting collective identities of that person. Contrastingly, in Myanmar, ethnic identity, which is framed by the ethno-centric
citizenship law, has been at the heart of claims to citizenship and cannot be
decoupled from rights. Ethnic identity remains salient in the ongoing formation of a post-colonial national identity (Ganesan and Hlaing 2007; South
2008; Zarni and Brinham 2017). Rohingya claims to Myanmar citizenship
are often not simply claims to citizenship status and its attached bundle
of rights but are also more fundamentally identity-based claims. Through
membership of a distinct ethnic community—Rohingya– individuals claim
their affiliation and historical belonging to Myanmar (Jilani 1999; Nural
Islam 2018). International agencies, in Myanmar as elsewhere, engage in approaches that view citizenship as status but largely circumvent ‘citizenship
as identity’ which is viewed as inherently ‘political.’37 For example, these
approaches have included naturalisation and the provision of state-issued
documents. Yet, at the heart of the pursuit for justice within Rohingya collectives, as this thesis explores is the pursuit of identity citizenship and associated safety and protections.38
Meanwhile, in international approaches to statelessness, whilst the
language of belonging has been incorporated into the public face of the
UNHCR-led I Belong campaign, the focus of the 10-point action plan remains firmly rooted in securing state recognition of formal citizenship status
for more individuals. This emphasis on formal status in statelessness work
has been further reflected and consolidated by the clarification of definitions
relating to statelessness. A stateless person in international law is anyone
‘not considered a national by any state under the operation of its law’ (Article 1, 1954 Convention relating to the Status of Stateless Persons). The
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