2020
Statelessness & Citizenship Review
2(2)
Third, also in terms of administrative violence, members of the targeted
communities in the three scenarios have suffered discrimination in accessing civil
documentation and citizenship recognition. The situation in Dominican Republic
provides the clearest example of discriminatory administrative practices, as
exemplified by the arbitrary denial of birth registration documentation in the Yean
v Bosico case, which then triggered reforms that provided an incomplete solution
to the problems of ethnic minorities. In Assam, administrative violence was
massively exercised in a top down manner through the disenfranchisement of the
‘doubtful voters’ and throughout the ensuing bureaucratic process of the National
Registry of Citizens update. The complicity of the courts in the process of
denationalising ethnic Bengalis and others is represented both by the decisions of
the Supreme Court and the quasi-judicial Foreigner Tribunals. In Myanmar the
sheer lack of judicial remedies and the explicit lack of reasoning in administrative
decisions (which are not even given on writing) concerning the issuance of full,
naturalised or associated cards creates a Kafkaesque environment where justice is
not even remotely possible. The creation of temporary solutions, in the form of
Temporary Registration Cards and more recently the Identity Cards for National
Verification are in practice a form of administrative disenfranchisement ultimately
based on ethnic background.
Moreover, the three scenarios provide a variety of examples of immigration
control laws that are designed to target specific groups, either formally or in their
implementation (through special operations such as the 1978 Naga Min, the 1991
Pyi Thaya or special procedures such as the 2016 National Verification Process).
There are important similarities between the Burmese, Indian and Dominican
migration laws.
Sixth, in this sense, in parallel to administrative violence it is worth reflecting
on the role of mass physical violence and its influence on law and policy
concerning citizenship. The 1937 El Corte massacre was, in essence, an attempt at
eliminating the Haitian ‘other’ from the border areas. It was used by the Trujillo
regime as a nationalist propaganda narrative in the context of antihaitianismo. 176
The 1983 Nellie Massacre was the result of xenophobic anti-migrant agitation. In
Myanmar, the 1938 Indo-Burmese riots are an interesting showcase of how
nativism narratives in the political sphere (by Burmese nationalist under British
domination) led to real violence against persons of Indian descent in Rangoon and
elsewhere. 177 The forced migration of Indians out of Burma during General Ne
Win regime are a continuation of a history of xenophobia.
Further on, the 1978 and 1991 episodes of violence and mass expulsion of
Rohingya in Rakhine State were linked to operations on detecting and deporting
‘illegal migrants’, while the 2017 operations were presented as ‘clearance
operations’ (in terms of anti-terrorist law enforcement) but were largely a mass
expulsion of Rohingya coupled with other international crimes such as rape,
torture and killings. 178 Further research on the role of political violence in the
context of nativism-related citizenship policies is warranted.
Seventh, the gender implications of the citizenship policies put in place by the
three countries bear some similarities. In a gendered conception of the nation,
176 Roorda (n 89).
177 Smith (n 27) 18.
178 Myanmar’s Rohingya Crisis Enters a Dangerous New Phase (Report 292/Asia, International
Crisis Group 7 December 2017) <https://www.crisisgroup.org/asia/south-eastasia/myanmar/292-myanmars-rohingya-crisis-enters-dangerous-new-phase>.
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