2019
Statelessness & Citizenship Review
1(2)
to the Thai state — visible because a Thai citizen identification card allows them
to be officially ‘seen’ and ‘counted’ as full members; invisible because once full
membership is conferred, in theory, they become one with the masses, holding the
same blue coloured identification card as other Thai citizens. A Thai identification
card is viewed as a pass to allow them to achieve full social and physical mobility
and not have to be under constant threat of being arrested. However, this
invisibility is precisely what the Thai state claims is dangerous. In the practice of
connecting crimes, especially drug trafficking, to highlanders and migrants, the
state views granting or not granting citizenship to highlanders and migrants —
those deemed the unauthentic Thai — not as a matter of human rights but of
national security. Subjected to the state’s prejudice, stateless persons in Thailand
have been caught in what Malavika Reddy calls a ‘double bind’, whereby
individuals are ‘mandated to be identifiable, via their papers, as singular
individuals’ and at the same time, are stereotyped and perceived as indistinct
members of a group. 100 For the villagers whose citizenship was withdrawn, their
identity documents were collectively deemed by DSI as fraud. Instead of reexamining their individual documents to distinguish the genuine from the
fabricated, the state agency applied a singular legal action across the board. In
Nida’s case, for a moment, she was indistinguishable to district officials from
another girl ‘with the same face’ and the same situation. Therefore, despite being
required to be individually legible through personal documentation, stateless
persons can be seen as all ‘the same’ to the officials. They become visible only as
a group, not as individuals.
Amal De Chickera and Laura Van Waas warn that ‘failing to distinguish
between the stateless and those who lack documentation, and the failure to
distinguish stateless persons who lack documentation, can lead to the wrong
solutions’. 101 However, such distinctions are hard to make in the legal regime,
whereby individuals are perceived as indistinct members of a group, and where
the state officials are lost in the maze of the many sub-categories of non-citizen
‘others’, various legal amendments and numerous types of identification cards that
the state has created over time. Overwhelmed by the constant policy changes and
unable to make the kind of distinction postulated by de Chickera and van Waas,
those representing the state often fall back upon the deeply-rooted stereotypical
practice. 102 This knowledge gap within state administrative bodies partly accounts
for why many stateless persons in many parts of the world are unable to benefit
from theoretically inclusive legal reforms. 103
100 Malavika Reddy, ‘Identity Paper/Work/s and the Unmaking of Legal Status in Mae Sot,
Thailand’, (2015) 2 Asian Journal of Law and Society 251, 263.
101 Laura Van Wass and Amal De Chickera, ‘Unpacking Statelessness’ in Tendayi Bloom,
Katherine Tonkiss and Phillip Cole (eds), Understanding Statelessness (Routledge 2017) 53,
65 (emphasis in original).
102 My informal interview with officers reveal that they often feel unequipped and underresourced to understand the complex Thai citizenship laws.
103 Brad Blitz gives an example from Sri Lanka, where stateless persons could not benefit from
a simplified procedure to demonstrate proof of citizenship because state administration bodies
were not fully aware of the legal arrangements following the changes in nationality law in
2003: Brad Blitz, ‘The State and the Stateless: the Legacy of Hannah Arendt Reconsidered’
in Tendayi Bloom, Katherine Tonkiss and Phillip Cole (eds), Understanding Statelessness
(Routledge 2017) 71, 77–78.
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