Statelessness is increasingly becoming an area of focus for governments and international
organizations like UNHCR, which in 2014 began its ‘Global Action Plan to End Statelessness: 2014-2024’
(hereafter the GAP), seeking to “resolve existing major situations of statelessness” worldwide (UNHCR,
2014b). In the GAP, UNHCR (2014b) acknowledges that “the majority of the world’s known stateless
populations belong to minority groups” and that “mass deprivation” continues to occur on the basis of
existing policies. However, it does not actively call for significant political change. This paper
demonstrates how some existing policies specifically deprive certain groups of membership entirely, and
how others—while overlooked—only allow for partial access to de facto citizenship. By tracing the
histories and contextualizing exclusionary laws, this paper hopes to shed light not only on how
statelessness is produced, but also why.
From Colony to ‘Nation-State’: Citizenship Reified, Statelessness Constituted
Statelessness necessarily emerged, and continues to emerge, alongside citizenship. ‘Citizenship’
is a feature and tool of the ‘nation-state’. Most of the cases of statelessness in this paper have thus arisen
as part of nation- and state-building processes, particularly ‘citizen-making’. Therefore, contextualizing
the construction of ‘citizenship’ and the ‘nation-state’ in Southeast Asia is vital. Both are non-universal
concepts, both emerged from a European context, and both have been heavily shaped by those
European precedents (Chakrabarty, 2000; Mamdani, 2012). The nation-state model in Southeast Asia is
largely premised upon European models, at least in law. Nation-states are constructed entities, and
citizenship is a constructed category: statelessness in its contemporary meaning is thus clearly also
constructed. Certainly, however, being ‘state-less’, or living and existing outside of the ruling
‘state’/polity, has been a feature of life for groups and individuals long before the modern concept took
form. Further, living ‘outside of the state’ has not always entailed the same pejorative connotation or
negative repercussions that modern ‘statelessness’ entails. Indeed, as demonstrated in the previous
section, for most of history in the region, the ‘state’ was something to avoid and ‘state-less’ness was a
desirable thing for most non-dominant groups (Scott, 2009). This is, without a doubt, no longer the case
for most groups and individuals: at some point, a major switch occurred. I argue, building alongside
James C. Scott, that this switch was concurrent with the globalization of the ‘nation-state’ model and the
growth of ‘distance-destroying’ technologies which allowed the state to reach into every nook and
cranny of its territory. The existence of modern statelessness thus emerges from the shadow of the
modern state. Let us briefly examine the contemporary ‘nation-state’ for context.
‘Nation’—the politically constructed, ordered, bounded, imagined group that becomes
engrained in the ‘habitus’ of the community (Anderson, 1983; Bourdieu, 1990)—and ‘state’—a
constructed, bounded, territorialized, constellational assemblage of bureaucratic and human
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