Contextualising Statelessness: Contingent Citizenship and The Politics of (non)Recognition in Thailand

Abstract

The legal evidentiary approach to “solving” statelessness can sometimes lead to the issue being framed in terms of certain groups of people not meeting objective citizenship criteria or lacking required legal documents. Building on critical interdisciplinary scholarship in anthropology, history and legal studies, this article demonstrates the “constructedness” of citizenship and statelessness through the lens of the politics of recognition and documentation. Using Thailand as a case study, I highlight how global economic, political and social contexts play a significant and dynamic role in delineating the legal line of membership. By tracing how Thai nationality has been instrumentalised by the state throughout the twentieth century, this article contextualises statelessness as a legal and social by-product of statemaking. As such, it challenges the framing of nationality as a non-discriminatory mode of recognition founded in legal objectivity and reiterates the politics of statelessness. In emphasising the fragility of citizenship when granted without genuine social, political and moral recognition, I argue that the objective of statelessness advocacy should not simply be about turning stateless persons into citizens, but rather about creating a more equitable society wherein one's rights are upheld regardless of legal status.