By-passing state power and neutralising state bureaucracies 41
incorporated into customary international law, the statelessness framework
remained relatively weak (de Chickera 2010; Edwards 2014).
The statelessness framework attempted to place a duty on individual states
to both protect those without access to nationality and ensure the right to
nationality in cases where the alternative is statelessness. There are two international conventions devoted to addressing statelessness—the 1954 International Convention relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness. The 1954 Convention established the definition of a stateless person and set out minimum standards of
treatment and protection of stateless persons. The 1961 Convention focused
on the reduction of statelessness. It requires states to confer nationality where
a person would otherwise be stateless (focused primarily on conferring at
birth), and not withdraw nationality where it would otherwise render someone stateless. Statelessness scholarship points to weaknesses relating to the
Statelessness Conventions in five key areas: low ratification,4 the lack of an
oversight mechanism,5 reservations,6 (excessive) reverence to state concerns
over sovereignty and border control,7 and that the Conventions have developed on a separate trajectory to broader human rights frameworks.8 State
power to deny citizenship to populations with links to the state, then, was left
largely unchecked within the foundational framework.
Siegelberg (2020:6) argues that the state as the ‘sole legitimate organising
unit of global politics’ to which the international sphere deferred was also
consolidated in the decades that followed WWII as decolonisation occurred.
As the European empires dissolved (e.g. British, Dutch, French) and independence movements grew, self-determination as a concept rose in prominence within the international order (Siegelberg 2020). Self-determination
is the right of ‘all peoples’ to ‘determine their political status and freely
pursue their economic social and cultural development.’9 The principle is
enshrined in the Charter of the United Nations and in customary international law.10 Self-determination was the subject of intense debate within
international law, in particular, its focus on collective rather than individual
rights. In matters of sovereignty and citizenship, it had a heightened significance (Siegelberg 2020). A key aspect of self-determination was the right of
newly independent states that had seceded from colonial powers to freely
choose their own political membership. This consolidated the notion that
recognised states should be deferred to in matters of citizenship and that
all states should be treated as formal equals within the international state
system. The consolidation of state power at the international level meant
that in practice international organisations largely deferred to states (Spiro
2011; Conklin 2014).
Within this international context, Burma gained independence from Britain shortly after WWII, after intense conflict in the region between colonial
Britain and imperialist Japan. As Chapter 4 explores, independent Burma’s
citizenship law sought to establish the boundaries of both territory and membership with India and Pakistan. To a large extent, the citizenship law was a