The problem of promoting legal identities for all in anti-trafficking work

A special series from the Migration Research Group of the School of Sociology, Politics and International Studies at the University of Bristol.

By Natalie Brinham.

Recently, there has been an increased interest in how a lack of legal identities, or state-issued documents, is connected to the risks of trafficking and modern slavery. As someone who has worked in human rights organisations on the statelessness of Rohingyas and others, I have been approached multiple times over the past year by NGOs and researchers looking to provide analysis and recommendations to donors and policy makers relating to this nexus.

Having advocated for the issue of statelessness to be better incorporated into other human rights agendas, I welcomed such interventions. Yet, in approaching these conversations I also felt a nagging sense of trepidation. It has been difficult to locate the source of my concern. After all, it is true that if the stateless people I have worked with had travel documents and/or citizenship they would not suffer the same forms of exploitation. So, if the anti-trafficking sector promotes legal identities as part of their strategies, that is a good thing, isn’t it?

A Rohingya passport from 1955 kept by a Rohingya refugee family in India (photo: Natalie Brinham)

Being identified and documented by a state is most often associated with rights and freedoms – we all have a ‘right’ to a legal identity, so we are told. The push for ‘legal identities for all’ is a core component of the United Nations’ Sustainable Development Goals, which strive to ‘Leave No One Behind’ in delivering inclusive and just development globally. Those who lack a legal identity are sometimes stateless – meaning they are not recognised as citizens in any state. The rationale behind the global campaign is two-fold: legal identities will deliver both rights and development to people who are undocumented or unregistered by any state.

From an international development perspective, people without a legal identity are not accounted for within national and international development plans and are therefore left out as beneficiaries. From a rights perspective, people who have no proof of residence or citizenship are often, in practice, unable to access a whole range of basic rights and services including education and healthcare. They are often unable to work in the formal economy, access judicial procedures or travel using ‘legal’ routes. Within these paradigms, the logical way to ensure access to rights and services is to provide unregistered and undocumented people with a legal identity, freeing them from their state of invisibility and irregularity. The lack of a legal identity can compound the risks of being exploited in the workplace or while crossing internal checkpoints and international borders. As such, work from within the anti-trafficking sector explores this key nexus between trafficking and legal identities/statelessness.

The situation for Rohingyas is often used as an example of the worst consequences of being deprived of a legal identity and being trafficked. Stripped of citizenship in their home country, Myanmar, they have been contained in the conditions of apartheid and subjected to genocidal violence and deportations. Those who have left the country live across Asia and beyond in situations of protracted displacement, inter-generational statelessness and labour exploitation, struggling to access safety, security and basic services. Images abound in the media of Rohingya stranded at sea in the Bay of Bengal and the Andaman sea, prevented from landing by hostile state authorities, or beaten, raped, extorted and exploited by smugglers, state actors and members of ethnic armed groups. According to the ‘legal identities for all’ paradigm, trafficked and stateless Rohingya need states to provide registration and documents. From there state protections and rights can follow. 

But an important body of research reveals how anti-trafficking legislation and action plans can sometimes do more harm than good. For example, some approaches can criminalise people working in unregulated sectors of the economy, or they can shift the focus of initiatives from state policies and practices to criminal individuals and networks. Anti-trafficking discourses can be drawn on to legitimise hard borders and draconian immigration policies. What is perhaps given less attention is that the promotion of legal identities as a core component of international development policy can also do harm as well as good.

The ‘legal identities for all’ agenda has been accompanied by global growth in ID’ing technologies, which along with other border tech has consolidated the symbiotic relationships between state authorities and private tech companies that are largely unaccountable to anyone – both citizen and noncitizen. Development funding is increasingly premised and contingent on modernising ID systems. There is no evidence to suggest that these schemes reduce statelessness. Meanwhile, digitised and centralised ID systems have profoundly changed experiences of statelessness and other forms of noncitizenship. They can ‘lock in’ an irregular status. They can become a single access point for all services including health, education, banking, internet and mobile phones, and work licenses. As such, people without IDs become locked out the economic, social and political spheres.

With increasing requirements for documentation in all spheres, strategies for coping through informal economies are reduced. Further when used in conjunction with other border tech, ID systems can be misused against stateless or other groups as part of violent systems of surveillance, securitisation and apartheid. Digital ID systems, then, consolidate the power of states to both include and exclude. They can help states to move bordering practices from the physical infrastructure at border crossings to the everyday, less visible spaces. 

So, there is a source for my trepidation in these conversations about the nexus between legal identities and trafficking. Both anti-trafficking and legal identity discourses and agendas can be coopted to harden borders, illegalise economic activity and legitimise authoritarian state practices that exclude and segregate. But locating the source throws up many broader questions and dilemmas. With digitisation and centralisation of national and international ID and bordering schemes, states are not the only powerful actors governing through citizenship regimes. Instead, oligopolies – states in conjunction with tech companies and international financial institutions – control both movement and identification practices. How, then, in advocating for rights and social justice, do we move beyond supporting more individuals to access documents and anti-trafficking services, to holding these oligopolies of identity providers to account for exclusions and bureaucratic violence?

Natalie Brinham is a Leverhulme Early Career Fellow (2024-2027) at the School of Sociology, Politics and International Studies at the University of Bristol where she is working on her research project ‘Countering citizenship stripping in times of war: IDs and autonomy’. Her new book, Genocide and Citizenship Cards: IDs, Statelessness and Rohingya Resistance (Routledge 2024), is available via open access here.

Natalie has written previously about statelessness on the MMB blog in her post ‘Looking for the “state” in statelessness research’. Other MMB posts on Rohingyas include Myanmar’s discriminatory citizenship law: are Rohingyas the only victims? – Migration Mobilities Bristol by Ali Johar.

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