8 Introduction
also been central to the debate in Myanmar regarding Rohingya citizenship.
Myanmar citizenship law, according to the United Nations Human Rights
Council (UNHRC), is in breach of all three of those areas of international
law. The law has arbitrarily deprived Rohingya of citizenship, fails to provide safeguards against statelessness, and discriminates against Rohingya and
other minorities on the grounds of race/ethnicity.10 International pressure to
reform Myanmar citizenship law provoked a backlash domestically which
invoked the principles of ‘self-determination’ as a post-colonial nation.11
Myanmar-resisted foreign interference claiming its national identity should
be determined almost exclusively through membership of one of the ethnic groups which the state claimed inhabited Myanmar before colonial rule,
known in Burmese as Taingyintha.12 International approaches to addressing
the citizenship issue in Myanmar hence took a pragmatic position and largely
focused on the second of these three issues—safeguarding against statelessness. Thus, Rohingya citizenship deprivation was approached by international organisations as if it were largely a problem of administrative barriers,
a lack of capacity by the state to provide and recognise the correct documentation and gaps and omissions in the legal and administrative framework
relating to naturalisation.13 Whilst the discrimination inherent in Myanmar’s
citizenship regime is well known and acknowledged by international agencies, pushes for legal reform were approached with caution and placed on
the back burner whilst incremental change was sought. Scholars, researchers, and organisations that have been pressing for recognition of crimes
against humanity and genocide against Rohingya have increasingly framed
the production of Rohingya statelessness by the Myanmar State as criminal behaviour—one of the targeted and arbitrary deprivations of citizenship
linked to other crimes (Fortify Rights 2019; UNHRC Sept 2018). Discussion as to whether to approach statelessness in Myanmar as an issue of state
crime or of administrative failure continued to dominate policy discussions
throughout the data collection period. My research over this period, then, focused on not only how Rohingya framed their statelessness as state crime but
also how framings of the production of statelessness as state crime disrupted
existing discourses and led to emerging understanding and approaches. Accordingly, I supplemented the qualitative and ethnographic research with
analysis of key human rights texts by UN, Government and INGOs and observations of advocacy and policy-related forums and discussions.
Linking statelessness and genocide
The link between statelessness and genocide was first highlighted in literature
relating to the European holocaust of the 1930s–1940s (Siegelberg 2020). In
particular, the work of Hannah Arendt illustrated how the stripping of Jewish
citizenship facilitated and laid the conditions for mass deportations and mass
killings—these events became the premise on which she built the oft-quoted
notions of citizenship as the ‘right to have rights’ (Arendt 1958). These ideas