Third World Quarterly
959
the 1982 Myanmar Citizenship Law, sections 3 to 5, which renders full citizenship contingent
on state-recognised national groups (Cheesman 2017, 461–483). The Rohingya are not recognised as a national group and therefore are excluded from full citizenship. Two other
categories of citizenship are provided for in this law, namely associated citizenship and naturalised citizenship. This law nonetheless excludes Rohingya from both associated and naturalised citizenship. In the former case the requirement that all applications be lodged within
one year of the law coming into force, in addition to the potential of revocation on the
grounds of ‘disaffection or disloyalty to the state’, renders the option of associated citizenship
unviable for the Rohingya. Even naturalised citizenship is not within their reach due to lack
of documentation. Few Rohingya have access to documents of ancestral or parental residency. Their very limited access to education – because of the state barring them from
education – makes impossible the acquisition of additional languages, other than their own
(Indo-Aryan) language. Moreover, proof that Rohingya children were born in Burma is difficult
to provide because since the 1962 coup d’état, few Rohingya children have been issued birth
certificates (Irish Centre for Human Rights 2010; O’Brien and Hoffstaedter 2020). Obtaining
Burmese citizenship for the Rohingya has been made progressively more arduous to virtually
impossible with the provisions of the 1982 Citizenship Law, which are retained also by the
current Constitution of the Republic of the Union of Myanmar (The Republic of the Union
of Myanmar 2008). The exclusion of the Rohingya therefore is enshrined in law, including
the supreme law of the land, the State’s Constitution. Denial of citizenship effectively renders
them stateless – the de jure Other – broadening the scope for state violations of their human
rights. A condition of extreme danger, statelessness subjects the Rohingya not only to an
inferior status in terms of political and economic rights, but also to unwarranted and prolonged detention and various forms of punishment. Therefore, in the sovereign ban, there
is a direct relation between law and violence in the sense that the law enables violence and
violence contributes to law’s constitution. This is the sphere wherein violence and law are
so intertwined that they become indistinguishable – a condition conducive to cascades of
violence that have ensured the dehumanisation of the Rohingya and their exclusion from
their ancestral land.
The nation, the state, and the Rohingya ‘other’
The above analysis has shown that for over six decades the Burmese/Myanmar policy towards
the Rohingya has been one of consistent persecution, exclusion, and expulsion of this
minority group. The following sheds light on a complementary aspect of state policy that
has framed the Rohingya as an unwanted ‘Other’ in the process of moulding the Burmese/
Buddhist nation out of a diverse multitude.
The ‘nation’ does not designate a unitary notion, hence it is an imagined community
(Anderson 1983). Its materialisation can be grounded on a violent relationship with the
‘Other’ (Mulaj 2018) – particularly so in conditions of authoritarianism. The accompanying
exclusionary processes are customarily justified by the ideology of nationalism – the idea
that the state and national boundaries ought to be congruent (Gellner 1983, 1). In the setting
of totalitarian states, nationalism can facilitate instrumentalisation of the nation by the state,
and the identification of the citizen with the member of the nation to the detriment of
anyone else. To accomplish this task, the authoritarian state enforces centralisation tendencies and monopolises all instruments of violence and power-possibilities. In the process,