2025
Statelessness & Citizenship Review
7(1)
contemporary modes of bureaucratic violence including citizenship stripping.
Data gathering practices, including censuses, land registration and policing
records in Palestine during the British Mandate and afterwards, provided the
foundations of Israel’s contemporary surveillance and citizenship infrastructures
and facilitated the dispossession of Palestinian lands and legal status. 26 In
Myanmar, movement restrictions were implemented on the basis of the British
Empire’s 1864 Foreigners Act that remained in place in Myanmar after
independence, forming one of the legal foundations for restricting movement and
segregating Rohingyas.27 The Act mandates a strict system of licensing for travel
within Myanmar and the residence of non-nationals and forms one of the
foundations of the discriminatory system that contains Rohingyas in pockets of
northern Rakhine State and requires them to apply for permission to travel between
village tracts and beyond.28 This law was also weaponised by the British in British
India in the 1920s and 1930s by restricting the movement of dissidents in an
attempt to contain revolts against colonial rule.29 In the 1980s, the stripping of
citizenship rights accorded to the Rohingya following Myanmar’s independence
from British rule was justified on the basis of wildly inaccurate colonial
taxonomies of race and ethnicity in the region. 30 During the interwar years,
Kurdish homelands were split between the four countries of Syria, Iran, Iraq and
Turkey based on colonial mapping projects that sought to contain and curtail the
power of other European colonial powers, rendering Kurdish communities
‘minorities’ within broader state structures.31
This article asserts that citizenship stripping in authoritarian or militarised
postcolonial contexts is often delivered in part through citizenship and
immigration rules, in part through broader bureaucratic and legal means, and in
part through military assaults. There are many of examples of this. Israel’s
citizenship rules, that denied or demoted Palestinians’ legal status, were partially
implemented on the basis of census data that was collected during and immediately
after war and mass forced displacement.32 Hierarchical identification systems held
in place systems of segregation that provided different rights to Palestinians based
on their locations during war-time.33 Restrictions tied to identity card hierarchies
26
27
28
29
30
31
32
33
Michelle Spektor, ‘From Documents to Data: The Emergence of National Biometric
Identification Systems in the 20th and 21st Centuries’ (PhD Thesis, Massachusetts Institute of
Technology,
2023)
<https://dspace.mit.edu/handle/1721.1/150683>,
archived
at
<perma.cc/3973-RXVT>; Leibler (n 24) 243–4; Lyon, Identification, Colonialism, and
Control (n 22) 49.
The Foreigner Act, ‘India Act III’ (1864) (Burma) <https://www.myanmar-lawlibrary.org/law-library/laws-and-regulations/laws/british-burma-1824-1942-1945-1948/theforeigners-act-india-act-iii-1864-12th-february-1864.html>,
archived
at
<perma.cc/U2KF-WF32> (‘Foreigners Act’). For analysis of the Foreigners Act’s use in the
Rohingya context, see William Schabas, Nancie Prudhomme and Joseph Powderly, Crimes
against Humanity in Western Burma: The Situation of the Rohingyas (Iris Centre for Human
Rights, 2010) 99.
Foreigners Act (n 28) ss 3, 10.
Amrith (n 24); Singha (n 24) 311.
Nyi Nyi Kyaw, ‘Unpacking the Presumed Statelessness of Rohingyas’ (2017) 15(3) Journal
of Immigrant & Refugee Studies 269.
Haqqi Bahram, ‘Statelessness Beyond Citizenship: Kurds of Syria and the Struggle for
Identity Between Home and Exile’ (Doctoral Thesis, Linköping University, 2024) 20, 36–8,
42, 83, 188 (‘Between Home and Exile’).
Leibler (n 24) 252.
Helga Tawil-Souri, ‘Orange, green and blue: Color-coded paperwork for Palestinian
population control’ in Elia Zureik, David Lyon and Yasmeen Abu-Laban (eds), Surveillance
and Control in Israel/Palestine: Population, Territory and Power (Routledge 2011) 219.
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