Blood, Sweat, and Tears Documenting Thai Citizenship By Robin Jan Hamilton-Coates Submitted in fulfillment of the requirements for the degree of Master of Arts Deakin University 2013 Blood, Sweat, and Tears: Documenting Thai Citizenship How has Thailand kept track of citizens and outsiders? Abstract How has Thailand kept track of citizens and outsiders? Thailand (Siam) has transformed ancient methods of keeping track of subjects, and adopted modern legislative principles using documentary evidence to discriminate between citizens and outsiders. In the process, it has shaped a complex hierarchical structure with differentiated overlapping layers of citizenship, where some groups exist beyond any legal space. At the same time, Thailand has evolved from a society where subjects paid tribute to sovereigns, into a democratic polity where entitlement is determined through identity documentation. In seeking to explain how Thailand documents citizenship, we must first consider the historical methods employed by Siamese sovereigns to keep track of subjects, including practices like tattooing, slavery, and bondage. The introduction of foreign ideas like territorial sovereignty and nationality superseded, but did not completely replace, all of these former practices. The interplay between these different ideas, and the aftermath of social changes caused by migration and conflict, established the boundaries of modern Thai citizenship. This thesis explores these issues by investigating attitudes to citizenship and access to social services in the Tai Yai1 (ไทยใหญ)่ , or Shan, community in Chiang Mai, to illustrate how methods of documentary surveillance impact on citizenship rights, and confirm the establishment of a differentiated citizenship model in Thailand. 1 A note on transliteration of the Thai language: Thai (ภาษาไทย) is the national and official language of Thailand. It has its own script, which is derived from a number of ancient regional languages. There is no universal standard for transcribing Thai into the Latin alphabet. The Royal Thai General System of Transcription (RTGS) is the official system for rendering Thai script, and is widely used. ISO 11940 is another international standard for transcribing Thai. The researcher has attempted to comply with the principles in ISO11940, but where words are copied from other texts, the original spelling was retained. Any transcription errors are the researcher’s responsibility. 2 Blood, Sweat, and Tears: Documenting Thai Citizenship Contents 1. Introduction: Thai Citizenship, Past, Present and Future ........................................... 5 2. Review of Literature on Thai Citizenship ................................................................. 12 3. Methodology: How does Thailand Differentiate? .................................................... 24 4. Theoretical Analysis: What are Citizenship and Nationality? .................................. 31 5. The Importance of Migration: Surveillance and Identity ......................................... 52 6. Slaves, Tattoos, Mandalas and Migrants .................................................................. 61 7. Documenting Nationality and Citizenship in Thailand ............................................ 73 8. Ethnicity and Citizenship in Thai Geo-Politics ........................................................ 86 Myanmar ................................................................................................................... 87 Shan (Tai Yai) ........................................................................................................... 94 Chinese Migration and The Kuomintang (KMT) ................................................... 103 Vietnam ................................................................................................................... 106 Laos and Cambodia................................................................................................. 118 Highlanders ............................................................................................................. 121 Malaysia and Southern Thailand ............................................................................ 125 9. Interviews and Case Studies – Shan in Northern Thailand ..................................... 130 10. Conclusion - Differentiated Citizenship: Blood Sweat and Tears ....................... 136 Bibliography ................................................................................................................... 142 Appendix 1: English Translations of Interviews ........................................................ 156 Appendix 2: Categorisation of Identification Cards .................................................. 176 Appendix 3: Chronology of Historical Events ........................................................... 179 3 Acknowledgements This thesis is the product of years of part time research at the Australian National University and Deakin University. It was conceived while the researcher was resident in several countries from Asia to Africa, working as a responder and government official amidst natural disasters, several wars, a military coup, and other crises. The researcher is eternally grateful for the wisdom and expert guidance of Damien Kingsbury, Heather Rae, Craig Reynolds, Barry Hindess, Andrew Brown, and John Funston in completing this project, especially for the cups of tea and warm discussions. Any errors or omissions are the researcher’s sole responsibility. 4 1. Introduction: Thai Citizenship, Past, Present and Future This thesis explores the historical origins and changing nature of citizenship in Thailand. It contributes to existing knowledge by explaining how Thailand has established a complex model of differentiated citizenship to document and distinguish between various groups of citizens and outsiders. The research offers a unique insight into the historical development of Thai citizenship, nationality law, and identity documents. The key question explored in the thesis is: How has Thailand kept track of citizens and outsiders? In responding to this question, it is important to acknowledge that Thailand has transformed ancient methods of keeping track of subjects, and adopted modern legislative principles using documentary evidence to discriminate between citizens and outsiders. In the process, it has shaped a new hierarchy with differentiated layers of citizenship, where some groups exist beyond legal space. At the same time, Thailand (Siam) has evolved from a society where subjects paid tribute to sovereigns, into a diverse democratic polity where entitlement to citizenship is dependent on possession of identity documents. In seeking to explain how Thailand documents citizenship, we must first consider the historical methods employed by Siamese sovereigns to keep track of subjects, including practices like tattooing, slavery, patronage and bondage. The introduction of foreign ideas like territorial sovereignty and nationality superseded, but did not completely replace all of these former practices. The interplay between different ideas, and the aftermath of social changes caused by migration and conflict have established the boundaries of modern Thai citizenship. This thesis explores these issues using the contemporary experience of the Tai Yai (ไทยใหญ)่ , or Shan, as one case study, to illustrate how documentary surveillance (such as identification cards) has impacted on entitlement. It might make more sense, in seeking to determine who is eligible to become a citizen to turn the equation upside down on its head and examine the parameters for exclusion. Engin Isin, for example, reminds us that images of citizenship are bequeathed "from the victors: those who were able to constitute themselves as a group, confer rights and 5 obligations on each other, institute rituals of belonging and rites of passage, and, above all, differentiate themselves from others, constructing an identity and an alterity simultaneously.”2 States determine who is eligible for citizenship by first deciding who should be excluded. Thailand is not unique in this regard. This thesis adopts a broad definition of citizenship as a measure of inclusion in political, social, and economic activity. Citizenship is generally available to the descendants of settlers capable of assimilating successfully in the host society. For the purpose of this thesis, citizenship is considered through simple entitlements such as the ability to travel freely, and the degree of access to basic social services such as education and health facilities. Nationality, on the other hand, is the legal process whereby citizenship is recorded and documented according to law. States protect sovereignty by limiting access to citizenship and nationality according to certain pre-determined criteria to include or exclude certain groups. Migration of people across borders indicates that citizenship is not only a set of rights, but a “mechanism of closure that sharply demarcates the boundaries of states3.” Chinese migrants, for example, have settled in the geographical area now recognized as Thailand for at least six centuries4. Other ethnic groups have lived within and beyond Thailand’s current boundaries long before they were established through relations with colonial powers. This has resulted in deep ambiguity about belonging and citizenship, and at various stages violent conflict has erupted where attempts have been made to repatriate migrants and refugees. Injustice and inequality result from the