2019
Statelessness & Citizenship Review
1(2)
affirm existing literature on the myth of complete and even bureaucracy, and
further reiterate the circular dynamic of legibility and illegibility. With respect to
legibility, the state demands that stateless persons wishing to obtain citizenship be
‘legible’ through documents. Yet, the state and its administrative bodies’ own
practices regarding documents are uneven. Through inconsistent rules and policies
and selective application of the rules, the state has created a system of governing
that on the surface demands clarity but in practice operates under opacity.
In using the theoretical framework of state illegibility and ethnographic
accounts, I further illuminate the process by which the state places burden on the
stateless. All three accounts demonstrate various forms of state illegibility and
how they are justified in the name of national security. Under such pretext, the
state exercises the ultimate authority to revoke citizenship en masse, disbelieve
the promise and evidence produced by the state itself and disregard documentary
mistakes made by representatives of the state. The ethnographies confirm common
challenges facing many stateless persons beyond the context of Thailand such as
the pattern of legal incoherence, unexpected revocation of rights, reliance on
favours from officials and mysterious disappearance of documents into a black
hole of the bureaucratic universe. I argue that stateless persons, having been
subjected to state illegibility all their lives, are well aware of its various forms and
continuously devise means to anticipate and respond to them. This knowledge
does not take away the burden placed upon them. Neither does it reduce the danger
of the state’s rhetoric of standardised and fair bureaucracy.
Therefore, for those working to address statelessness, it is important to
recognise and acknowledge various forms of state illegibility. Failure to do so risks
reducing statelessness to a legalistic issue to be solved primarily by amending the
laws or producing documents. As shown by the ethnographies, this approach risks
placing blame on individuals for not possessing the right documents and further
exacerbating the vulnerabilities of stateless individuals. Conceptualising
unevenness in state bureaucratic practices as state illegibility rather than weak
bureaucracy therefore allows us to recognise the violence that is systemic and
rooted in discrimination, rather than viewing it as unintentional and anomalous
errors.
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