imposed migration throughout the British Empire was unique and has major impacts on contemporary
law. I thus give primary attention to the two former British colonies, ‘Burma’ and ‘Malaya’. Though this
paper lacks the space to elaborate on patterns within all European colonies, the most important feature
of this period is the sheer scale of the colonial migration that happened within the British colonies,
which dwarfed that of all others (Goscha, 2012; Christie, 1996). Manby’s (2009) assertion that areas
with significant colonial movements tend to have highly contentious citizenship laws is thus examined
here.
Pre-Colonial Politics and Migration Patterns
Three major groups are excluded from citizenship in Southeast Asia on the grounds of
indigeneity. Two of these have been resident in the region before European colonialism: non-dominant
groups in contemporary ‘border’ regions, and pre-colonial migrant communities. The first major
necessary contextualization is the movement of non-dominant groups to highland areas of mainland
Southeast Asia, to explain why such groups live predominantly in contemporary borderzones,
particularly in Myanmar and Thailand. ‘Mainland’ pre-colonial Southeast Asia, by which I mean
contemporary Myanmar, Thailand, Cambodia, Laos and Vietnam, was for most of its history organized in
relatively small and fluid units of political order, largely at local levels (Scott, 2009; Leach, 1954). This
was effectively a ‘state-less’ and ‘citizen-less’ period, though not ‘ethnic-less’, as groups often selfidentified and were organized by language and other cultural markers, in small polities based primarily on
kinship (Scott, 2009). By the late eighteenth century, some of the small-scale state-like structures had
formed into three major imperial dynasties in the lowland, rice-producing regions. The three major
empires—the Burman (Bamar), Siamese (Thai) and Vietnamese—centralized their core state structures
in the highly cultivatable, highly traversable, flat riverlands of contemporary Myanmar, Thailand and
Vietnam (Scott, 2009). The dominant ethnic group of the empire (the Bamar, Thai and Viet peoples,
respectively) was generally positioned in the central lowlands of the controlled areas, securing a core
zone of governance. The imperial governments attempted to administer (often for the purposes of
enslavement or taxation) a range of people living outside of that core zone, who were usually
linguistically and culturally distinct from those core groups, and of whom many fled to and arranged
themselves within the mountainous and more forbidding ‘shatter zone’ of highland territories, effectively
resisting the power of the empires (Scott, 2009). Other groups similarly took refuge at sea or in
wetlands, which posed comparable challenges to imperial governance (Chou, 2003; Sather, 1997).
This ‘shatter zone’ of smaller groups in the vast expanses of the Southeast Asian massif
(approximately the size of mainland Europe) became a space of state-evasion, as it was harder for the
empires to penetrate than the lowland areas (Scott, 2009). The harsh geography of the region made
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