research has been conducted on statelessness in general, and statelessness in Southeast Asia in
particular. Within this research, even less has examined how statelessness is produced, on which types of
groups are made stateless while others are not, or on why those groups diverge. This paper seeks to fill
those gaps—examining how, who, and why—by employing an analysis of regional citizenship laws and
examining exclusionary clauses within those laws, which produce statelessness.
In doing so, this paper will demonstrate that statelessness in the region primarily effects three
groups: precolonial ‘migrant’ communities (primarily Chinese and Muslim), colonial communities who
were largely ‘moved’ through colonial practices and policies (primarily South Asian), and ‘borderzone’2
groups who, despite often being 'indigenous' to the area, do not, for one reason or another, have the
political capital to make good their claims of being native to the land. The paper further demonstrates
how these pre-colonial and colonial migration patterns in the region, intricately interwoven in methods
of governance and domination by ‘outside powers’, led to the writing of specifically-targeted exclusion
clauses within citizenship laws at the moment of post-colonial independence, premised primarily on
claims to indigeneity and belonging to the ‘national community’ of each state, excluding these three
groups. Finally, the paper demonstrates how statelessness is being actively produced through these
exclusion clauses, tracing the histories of citizenship laws and their implementations from independence
and diving into clauses in which exclusions are made.
This paper contributes to the body of literature on statelessness and citizenship, and weaves in
insights from migration studies literatures throughout. The paper brings together the three theoretical
bodies and examines the primary evidence of constitutions and citizenship laws, particularly looking at
‘differential inclusions’ in citizenship (Ong, 1996; Ong, 2006; Rosaldo, 1994; Rosaldo, 2003; Casas-Cortes
et al., 2015; Manby, 2009; Pailey, 2016; Pailey, 2017). These differential inclusions, at their most extreme,
exclude certain groups altogether, rendering them stateless. When using the term ‘differential
inclusions’, this paper draws from Stuart Hall’s (1986) work, which discusses how “specific,
differentiated forms of incorporation have consistently been associated with the appearance of racist,
ethnically segmentary and other similar social features”, leading to subordination and segmentation
within the act of inclusion itself (25). As such, it recognizes that inclusion within a community is not
homogeneous, but stratified. Along these lines, to a smaller extent, the paper will also highlight how
those stratifications can be revealed through intersectional analysis (Crenshaw, 1989; Crenshaw, 1991),
though a broad intersectional analysis of the citizenship laws is regrettably beyond the scope of the
paper. Instead, it will primarily focus on ethnicity as a marker of exclusion, though it recognizes that
ethnicity operates alongside a host of other positionalities in a complex web of “reciprocally
constructing phenomena” which all create interlocking systems of exclusion and oppression (Collins,
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