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Identity Paper/Work/s and the Unmaking of Legal Status in Mae Sot, Thailand

Published online by Cambridge University Press:  18 August 2015

Malavika REDDY
Malavika REDDY*
Affiliation:
PhD Candidate in Anthropology, University of Chicago, Chicago, IL, USA
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Abstract

Arguing for renewed attention to legal status as a problem of material forms and the practices around them, this paper builds, from an examination of documents in use, a theory of how competing notions of personhood shape legal status for Burmese people in Mae Sot, Thailand. It finds that there exist in Mae Sot two modes of documentary practice through which the legal status of Burmese people is apprehended. “Modes of documentary practice” refer not only to records, papers, certificates, cards, and forms, but to the patterns of filling in, wielding, explaining, and referencing a variety of print matter. The two modes identified in this paper exist in a feedback loop, with the result that Burmese people in Mae Sot are increasingly individuated as being part of a group for whom legal status is irrelevant and legal indistinctiveness is the norm.

Keywords

ThailandBurmese migrantsmigrationlegal statuspaperworkdocumentation
Type
State and Personhood in Southeast Asia
Information
Asian Journal of Law and Society , Volume 2 , Issue 2 , November 2015 , pp. 251 - 266
Copyright
© Cambridge University Press and KoGuan Law School, Shanghai Jiao Tong University 

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Footnotes

*

Department of Anthropology, University of Chicago, 1126 E. 59th Street, Chicago, IL 60637, USA. The research on which this article is based was supported by the National Science Foundation and the Wenner-Gren Foundation. I presented an early version of this paper at the Researching State and Personhood: Law and Society in Southeast Asia Conference and would like to thank the participants for their generous comments. I hope that I have honoured the spirit of those conversations in this article. Correspondence to Malavika Reddy, Department of Anthropology, University of Chicago, 1126 E. 59th Street, Chicago, IL 60637, USA. E-mail address: [email protected].

References

Arnold, Dennis, & Bongiovi, Joseph (2013) “Precarious, Informalizing and Flexible Work: Transforming Concepts and Understandings.” 57 American Behavioral Scientist 289–308.Google Scholar
Arnold, Dennis, & Hewison, Kevin (2005) “Exploitation in Global Supply Chains: Burmese Workers in Mae Sot.” 35(3) Journal of Contemporary Asia 319–340.Google Scholar
Arnold, Dennis, & Pickles, John (2011) “Global Work, Surplus Labor and the Precarious Economies of the Border.” 43 Antipode 1598–1624.Google Scholar
Asad, Talal (2004) “Where Are the Margins of the State?,” in V. Das & D. Poole, eds., Anthropology in the Margins of the State, Santa Fe: School of American Research Press, 279–288.Google Scholar
Caplan, Jane (2001) “‘This or That Particular Person’: Protocols of Identification in Nineteenth Century Europe,” in J. Caplan & J. Torpey, eds., Documenting Individual Identity: The Development of State Practices in the Modern World, Princeton, NJ: Princeton University Press, 49–66.Google Scholar
Caplan, Jane, & Torpey, John (2001) “Introduction,” in J. Caplan & J. Torpey, eds., Documenting Individual Identity: The Development of State Practices in the Modern World, Princeton, NJ: Princeton University Press, 1–12.Google Scholar
Chodok, Veeratham Poonsawat (1983) “khrongkan chattham lekprachamtua prachachon kab khwammankhong khong chan lae sitthi khong prachachon” [“The Project to Issue Citizen Identification Numbers: National Security and the Right of the Citizen”]. Special Degree thesis, National Defense College.Google Scholar
Das, Veena (2004) “The Signature of the State: The Paradox of Illegibility,” in V. Das & D. Poole, eds., Anthropology in the Margins of the State, Santa Fe: School of American Research Press, 225–252.Google Scholar
Ferme, Mariane (2004) “Deterritorialized Citizenship and the Resonances of the Sierra Leonean State,” in V. Das & D. Poole, eds., Anthropology in the Margins of the State, Santa Fe: School of American Research Press, 81–115.Google Scholar
Fichte, Johann Gottlieb (1796 [1869]) The Science of Rights, translated by Adolph Ernst Kroeger, Philadelphia: J.B. Lippincott & Co.Google Scholar
Foucault, Michel (1995 [1977]) Discipline and Punish: The Birth of the Prison, translated by Alan Sheridan, New York: Vintage Books.Google Scholar
Fu Yang, Bryant Yuan (2009) “Life and Death Away from the Golden Land: The Plight of Burmese Migrant Workers in Thailand.” 12 Thailand Law Journal.Google Scholar
Garfinkel, Harold (1967) Studies in Ethnomethodology, Englewood Cliffs, NJ: Prentice-Hall.Google Scholar
Ginsburg, Carlo (1980) “Morelli, Freud and Sherlock Holmes: Clues and Scientific Method.” 9 History Workshop Journal 5–36.Google Scholar
Gordillo, Gastón (2006) “The Crucible of Citizenship: ID-Paper Fetishism in the Argentinian Chaco.” 33 American Ethnologist 162–176.Google Scholar
Hall, Andy (2011) “Migration and Thailand: Policy, Perspectives and Challenges,” in J.W. Huguet & A. Chamratrithirong, eds., Thailand Migration Report 2011.Google Scholar
Huguet, Jerrold W. (2008) “Do International Migration Policies in Thailand Achieve Their Objectives?,” ILO Regional Programme on Governance of Labour Migration, Working Paper no. 13.Google Scholar
Human Rights Watch (2010) From the Tiger to the Crocodile: Abuse of Migrant Workers in Thailand, New York: Human Rights Watch.Google Scholar
Jacob, Marie-Andrée (2007) “Form-Made Persons: Consent Forms as Consent’s Blind Spot.” 30 PoLAR: Political and Legal Anthropology Review 249–268.CrossRefGoogle Scholar
Jeganathan, Pradeep (2004) “Checkpoint: Anthropology, Identity and the State,” in V. Das & D. Poole, eds., Anthropology in the Margins of the State, Santa Fe: School of American Research Press, 67–80.Google Scholar
Keane, W. (2003) “Semiotics and the Social Analysis of Things.” 23 Language and Communication 409–425.Google Scholar
Kelly, Tobias (2006) “Documented Lives: Fear and the Uncertainties of Law during the Second Palestinian Intifada.” 12 Journal of the Royal Anthropological Institute 89–107.Google Scholar
Keyes, Charles (2002) “The Peoples of Asia—Science and Politics in the Classification of Ethnic Groups in Thailand, China and Vietnam.” 61 Journal of Asian Studies 1163–1203.Google Scholar
Kim, Jaeeun (2011) “Establishing Identity: Documents, Performance and Biometric Information in Immigration Proceedings.” 36 Law and Social Inquiry 760–786.Google Scholar
Laungaramsri, Pinkaew (2014) “Contested Citizenship: Cards, Colors and the Culture of Identification,” in J.A. Marston, ed., Ethnicity, Borders and the Grassroots Interface with the State, Chiang Mai: Silkworm Books, 143–162.Google Scholar
McKeown, Adam M (2008) Melancholy Order: Asian Migration and the Globalization of Borders, New York: Columbia University Press.Google Scholar
Navaro-Yashin, Yael (2007) “Make-Believe Papers, Legal Forms and the Counterfeit: Affective Interactions between Documents and People in Britain and Cyprus.” 7 Anthropological Theory 79–98.Google Scholar
Olson, Mie Hesselager, & Schjøtt, Taia Nysted (2014) “Migrant Claims from A Precarious Position.” MA thesis, International Development Studies, Roskilde University.Google Scholar
Pearson, Ruth, & Kusakabe, Kyoko (2012) Thailand’s Hidden Workforce: Burmese Women Factory Workers, London: Zed Books.Google Scholar
Pongsawat, Pitch (2007) “Border Partial Citizenship, Border Towns and Thai–Myanmar Cross-Border Development: Case Studies at the Thai Border Towns.” PhD dissertation, City and Regional Planning, University of California Berkeley.Google Scholar
Poole, Deborah (2004) “Between Threat and Guarantee: Justice and Community in the Margins of the Peruvian State,” in V. Das & D. Poole, eds, Anthropology in the Margins of the State, Santa Fe: School of American Research Press, 81–115.Google Scholar
Ramasoota, Pirongrong (2000) “State Surveillance, Privacy and Social Control in Thailand (1350–1998).” PhD dissertation, School of Communication, Simon Fraser University.Google Scholar
Reed, Adam (2006) “Documents Unfolding,” in Annelise Riles, ed., Documents: Artifacts of Modern Knowledge, Ann Arbor, MI: University of Michigan Press, 158–177.Google Scholar
Rosental, Paul-André (2012) “Civil Status and Identification in Nineteenth-Century France: A Matter of State Control?,” in K. Breckenridge & S. Szreter, eds., Registration and Recognition: Documenting the Person in World History, Oxford: Oxford University Press, 137–165.Google Scholar
Rukhumnuaykit, Pungpond (2008) “A Synthesis Report on Labour Migration Policies, Management and Immigration Pressure in Thailand.” ILO/Japan Project for Managing Cross-Border Movement of Labour in Southeast Asia.Google Scholar
Scott, James C. (1998) Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed, New Haven, CT: Yale University Press.Google Scholar
Scott, James C., Tehranian, John, & Mathias, Jeremy (2002) “The Production of Legal Identities Proper to States: The Case of the Permanent Family Surname.” 44 Comparative Studies in Society and History 4–44.CrossRefGoogle Scholar
Szreter, Simon, & Breckenridge, Keith (2012) “Recognition and Registration: The Infrastructure of Personhood in World History (Editors’ Introduction),” in K. Breckenridge & S. Szreter, eds., Registration and Recognition: Documenting the Person in World History, Oxford: Oxford University Press, 1–36.Google Scholar
Tiang, Chaiermchuang (1965) “Kam khuap khum ponla muang kab khwam mankhong khong chat” [“Citizen Control and National Security”]. Special Degree thesis, National Defense College.Google Scholar
Torpey, John (2000) The Invention of Passport: Surveillance, Citizenship, and the State, New York: Cambridge University Press.Google Scholar
Weber, Max (1978) Economy and Society, Berkeley, CA: University of California Press.Google Scholar
Winichakul, Thongchai (2005) “Trying to Locate Southeast Asia from Its Navel: Where Is Southeast Asian Studies in Thailand?,” in P. Kratoska, R. Raban, & H.S. Nordholt, eds., Locating Southeast Asia: Geographies of Knowledge and the Politics of Space, Singapore: Singapore University Press, 113–132.Google Scholar
Yngvesson, Barbara, & Coutin, Susan Bibler (2006) “Backed by Papers: Undoing Persons, Histories, and Return.” 33 American Ethnologist 177–190.Google Scholar