2019
Statelessness & Citizenship Review
1(2)
officials as a disease, an anomaly. 10 Using the language of pathology, they insist
that ‘diagnosing statelessness’ be done through objective assessment of the types
of state-issued documents (or lack thereof) possessed by a stateless person. In
other words, statelessness is framed first and foremost as an issue of legibility to
the state, with an assumption that once a stateless person is ‘properly seen’, due
recognition will follow. This approach seems to produce a promising outcome —
since 2011, over 23,000 stateless persons have been granted citizenship, earning
Thailand praise from UNHCR for its ‘progressive nationality strategy’. 11
Thailand’s dramatic rate of statelessness reduction seems to confirm UNHCR’s
claim that ‘with adequate leadership and effective implementation, statelessness
can be ended’. 12 What, then, is the problem of framing statelessness as an
individual’s documentary issue? What are the implications of portraying
‘statelessness diagnosis’ as a fair and rational process?
In this article, I explore these questions using three ethnographic accounts in
which stateless persons in northern Thailand face difficulties getting the Thai state
to recognise the validity of the documents in their possession, which were issued
by the state itself. In examining the complex entanglements of bureaucracy,
documentation and statelessness, the article joins a growing body of literature that
examines the limits of the evidentiary approach and the burden of proving
citizenship as experienced by many stateless persons around the world. 13 It builds
on and extends the works of scholars on the plight of citizenship among
highlanders in northern Thailand, 14 especially Amanda Flaim's illuminating
ethnography and argument on how citizenship conferral ultimately requires the
conferral of belief by officials. 15 I use the anthropological framework of ‘state
illegibility’16 to encapsulate systemic violence and burden placed on stateless
persons by the state’s opaqueness and inscrutable, contradictory and unpredictable
bureaucratic practices. State illegibility, according to Veena Das, makes the legal
and the illegal in the everyday life become hard to distinguish for the affected
10
11
12
13
14
15
16
Fieldwork in Janepicha Cheva-Isarakul, ‘Navigating the Illegible State: Everyday
Experiences of Statelessness among Shan Youth in Northern Thailand’ (PhD Thesis, Victoria
University of Wellington) (Forthcoming).
‘Thailand’, United Nations High Commissioner for Refugees (Web Page)
<https://www.unhcr.org/ibelong/imvisible-thailand/>.
‘Global Action Plan to End Statelessness: 2014–2024’, United Nations High Commissioner
for Refugees (Web Page) <https://www.unhcr.org/ibelong/global-action-plan-2014-2024/>.
See Lawrance and Stevens (n 9).
A Right to Belong (Ophidian Films Ltd 2002); Mika Toyota ‘Subjects of the Nation Without
Citizenship: The Case of “Hill Tribes” in Thailand’ in Will Kymlicka and Baogang He (eds)
Multiculturalism in Asia (Oxford University Press 2005); Chutima Morlaeku, ‘Challenges
and Opportunities: Searching for Answers to the Lingering Questions of Legal Status in
Thailand’ (Internal Report, United Nations United Nations Educational, Scientific and
Cultural Organization 2010); Mukdawan Sakboon, ‘Citizenship and Education as the Basis
for National Integration of Ethnic Minorities in North Thailand’ (PhD Dissertation,
Macquarie University 2009); Amanda Flaim, ‘Problems of Evidence, Evidence of Problems:
Expanding Citizenship and Reproducing Statelessness among Highlanders in Northern
Thailand’ in Benjamin Lawrance and Jacqueline Stevens (eds), Citizenship in Question:
Evidentiary Birthright and Statelessness (Duke University Press 2017).
Amanda Flaim argues that ‘protracted statelessness persists in Thailand, paradoxically as a
result of the bureaucratic and evidentiary procedures and the citizenship application process
enacted to address it’: Flaim (n 14) 148.
Veena Das, ‘The Signature of the State: The Paradox of Illegibility’ in Veena Das and
Deborah Poole (eds), Anthropology in the Margins of the State (School of American Research
Press 2004); Stephen Campbell, ‘State Illegibility in the Containment of Labour Unrest on
the Thai-Myanmar Border’ (2017) 37(3) Critique of Anthropology 317.
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