2025
Statelessness & Citizenship Review
7(1)
people as foreigners, second class citizens, or outsiders; the systematic removal,
destruction or nullification of identity and other documents (or document
stripping); erasure of history, culture, language and identity of the targeted
community; preventing access to civil registration; and conditionalities placed on
ID issuance, naturalisation and citizenship acquisition procedures. In the second
Part, the article identifies five modes of collective resistance to these forms of
citizenship violence. These are: countering re-categorisation through collective
refusals; countering document stripping through the collection and exhibition of
documents; countering erasure through community-centred knowledge production
and arts; countering statelessness through self-registration; and countering the
conditionality of IDs through strategic compliance.
In considering each mode of resistance, the article also reflects on the ways in
which unequal power relations constrain the effectiveness of these actions. These
relations can result in limited political clout for those omitted from national
statistics, community-level backlash such as counter protest and boycott, other
forms of administrative violence and military crackdowns, as well as the use of
censorship and surveillance to quell dissent. Meanwhile, international political
structures promote administrative state entities as the only viable channel to
establish one’s legal identity. International criminal law remains limited in holding
perpetrators of citizenship violence to account.6 This examination of the national
and international structures that limit the effectiveness of resistance strategies is
rooted in postcolonial critiques of human rights discourses and frameworks, for
example, those relating to anti-trafficking, liberal feminism and nationalism. Such
critiques hold that normative international rights frameworks can lend legitimacy
to statist approaches to human rights, sometimes at the expense of human
freedoms.7
These modes of citizenship violence, resistance and structural constraints are
by no means exhaustive lists, but rather the beginnings of a framework. The
analysis draws on interviews and focus groups conducted amongst stateless
Rohingya refugees from Myanmar between 2016 and 2019,8 and is supplemented
by literature relating to the other two contexts of mass citizenship stripping.
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This limitation relates both to the domains traditionally reserved for states to determine their
own membership through citizenship laws, as well as the frameworks relating to international
criminal law which focus on specific acts such as frameworks on Crimes Against Humanity
and Genocide. For more discussion see Cóman Kenny, ‘Legislated Out of Existence: Mass
Arbitrary Deprivation of Nationality Resulting in Statelessness as an International Crime’
(2020) 20(6) International Criminal Law Review 1026 (‘Legislated Out of Existence’).
See, eg, Ratna Kapur, ‘On Gender, Alterity and Human Rights: Freedom in a Fishbowl’
(2019) 122 (July) Feminist Review 167.
Brinham, Citizenship and Genocide Cards (n 4).
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