Under this law, full citizenship is primarily based on membership of the national races who are considered by the state to have settled in myanmar prior to 1824, the date of first occupation by the british. The law, created by myanmar s military dictatorship in 1982, excludes others from full citizenship, but allows them to apply for two lower tiers with fewer rights. Report on citizenship law myanmar jose maria arraiza and olivier vonk 1. Myanmar myanmar mmr36874 myanmar criminal law residents registration act national registration cards summonses 17 june 2010 1.
Stripped of their nationality and subject to widespread persecution in their native myanmar, they have travelled far and wide over the past forty years, desperately seeking refuge and a better life. In 1982, the myanmar military junta did not list the rohingya as one of the 5 national races of myanmar. Can a copy of the criminal act of myanmar in english be found online. Please provide any information on whether it is likely that a person who was out of the country would be issued a summons to appear in court. Burma citizenship law of 1982 naturalization united. The 1982 citizenship law provides for three types of citizenship citizens, associate citizens and naturalised citizens. Impact of forcibly displaced myanmar nationals fdmn in. The 1982 citizenship law was promulgated in the immediate aftermath of the fallout of the nagamin campaign.
The government of the republic of the union of myanmar. The government of the republic of the union of myanmar ministry of immigration and population notification no. The following is an excerpt from burma citizenship law of 1982. The expressions contained in this law shall have the following meanings. High court lawyer u thein than oo of the myanmar lawyers network said citizenship should be granted to anyone, and only then will the law comply with international norms. This act was promulgated on 4 january 1948, as act no. The rohingya are also subject to many restrictions in daytoday life. The 1948 union citizenship law was replaced by the 1982 citizenship law, which effectively denies the right to a nationality to the rohingya population in both design and implementation. General ne win in his speech of october 8, 1982 mentioned that, the union citizenship act, 1948. Everyone in myanmar should learn burma citizenship law 1982. The equal rights trust rohingya in malaysia 4 introduction 1.
Global citizenship observatory globalcit globalcit. Published in working peoples daily, 16 october 1982. The law was deeply problematic, as for many families of various ethnic groups, transnational ties were common and there was. Burma citizenship law chapter i title and definition 1. Household list a document which lists all the members of a household. The 1982 citizenship law deprives the rohingya of citizenship in myanmar. Nov 03, 2016 the law, created by myanmars military dictatorship in 1982, excludes others from full citizenship, but allows them to apply for two lower tiers with fewer rights. In all citizenship laws, national interests always have priority, so myanmar can draft its citizenship law any way it wants to, legal experts said. The citizenship act of 1982, codified the legal exclusion of the rohingya, and the human rights and humanitarian condition of the rohingya was further exasperated abdelkader, 20. Myanmar begins controversial citizenship verification process. The 2007 niigata university journal article gives the procedures for a citizen to apply for a myanmar national id card. One can be a citizen if one can trace his or her lineage to the 5 official nationalities.
Myanmar nationality law wikipedia republished wiki 2. N rohingya online channel that enact as the we are trying to update rohingya news to the interna. The 1982 citizenship law stripped the rohingya of their citizenship and even the right to selfidentify. In northern rakhine state, it is often referred to as family list and is. The arakan project raises concern over myanmar s noncompliance with its international human rights obligations with regard to the rohingya population in north rakhine state and, in particular, the 1982 citizenship law which deprives the. It is not that white card holders automatically become citizens. The 1982 burmese nationality law myanmar version myanmar. This violates the universal declaration of human rights, the convention on the rights of the child and international norms prohibitingdiscrimination of racial and religious minorities. The burma citizenship act religious literacy project.
Myanmars citizenship law 1982 the citizenship law is myanmar s domestic law governing citizenship entering into force in 1982. In particular, the 1982 citizenship law is highly discriminatory and arbitrary, and manifestly fails to satisfy the states obligations under international human rights law. Globalcit is committed to factbased and nonpartisan analysis of citizenship laws and policies around the globe. Introduction myanmar is an immensely diverse country from an ethnic perspective. But it is very important for myanmar which is situated among the highly populated countries. The second act was the union citizenship election act, 1948. In 1982, the military government enacted the citizenship law panel, placing on socalled nonmajor races the onerous requirement of demonstrating evidence of ancestral residency in burma 160 years earlier. Eligibility for citizenship in myanmar primarily follows an ethnicity and jus sanguinis, descentbased criteria. The burma citizenship act of 1982 granted citizenship to individuals residing in burma who could trace their family residency to prior to 1823, that is, the year of the first british military campaign on myanmar and with it, a wave of immigration from india and china. Myanmars child rights bill and the right of a child to. Rohingya ethnic muslim minority and the 1982 citizenship law. Of the total 15 million rohingya people living in myanmar and.
Provisions in the 1982 law perpetuate the rohingya citizenship crisis by denying burmese citizenship to children born to those considered noncitizens. Ibrahim 2016 strongly asserts the 1982 citizenship law was created by a militaryled government that did not acknowledge the rohingyas collective claim to citizenship rights and is based on. The rohingya are one of the most vulnerable communities in the world today. This article examines the legal status of the rohingya in myanmar by analysing relevant constitutional provisions of 1947, 1974 and 2008 and other major citizenship legislations including the citizenship law, 1982. Ministry of immigration and population notification no.
Sep 22, 2017 according to the 1982 myanmar nationality law, 5 ethnic groups living in myanmar are born citizens. The following is the english translation of the burma citizenship law. The 1982 burmese nationality law myanmar version free download as pdf file. Thus, any solution must go beyond the granting of legal citizenship and seek to restore the imbalance created through decades of inequity. Through the 1978 nagamin operation, the myanmar government took official rohingya documents so that after the 1982 citizenship law was published, they do not have official documents ullah, 2016. Review of citizenship law spurs debate the myanmar times. From 2017 globalcit is the successor of eudo citizenship, which started in 2009 with an initial focus on citizenship laws in the eu member states and gradually expanded its thematic and geographic scope. Csc citizenship scrutiny card, identity document issued under the 1982 citizenship law. Myanmar casts minorities to the margins as citizenship law. The arakan project raises concern over myanmars noncompliance with its international human rights obligations with regard to the rohingya population in north rakhine state and, in particular, the 1982 citizenship law which deprives the. The 1982 citizenship law was instrumental in officially marginalising the rohingya, but other historical events and sociopolitical practices of exclusion have also been responsible. Feb 10, 2015 but one hole here is that the president can accept them in accordance with section 8b of the 1982 citizenship law, in which they can become a citizen of burma if it is the interest of the country. The key domestic legislation is the 1982 citizenship law and its procedures, which codifies the acquisition, confirmation and loss of myanmar citizenship.
The citizenship law is myanmars domestic law governing citizenship entering into force in 1982. For a more detailed analysis of myanmars legal framework for citizenship, and recommendations on how to align this with rule of law principles and international human rights law, see the icjs report published on 25 june 2019, entitled. Burma citizenship law of 1982 working peoples daily saturday, 16 october, 1982 special supplement burma citizenship law promulgated. This is an unofficial translation of the act, the pyithu hluttaw law no. If in line with the 1982 citizenship law, one can be a citizen wherever they come from or whoever they are. By 1982, a new citizenship law was passed that prevented rohingya from easily accessing full citizenship, rendering many of them stateless. In order for a child to attain burmese citizenship, at least one parent must already hold one of the three types of burmese citizenship. Citizens, as defined by the 1947 constitution, are persons who belong to an indigenous race, have a grandparent from an indigenous race, are children of citizens, or lived in british burma prior to 1942. Myanmar s immigration department plans to carry out a controversial citizenship verification process in rakhine state where there have been deadly ethnic and religious clashes since 2012. The rohingya crises in bangladesh and burma congressional research service 1 introduction the rohingyaa predominately sunni muslim minority of northern rakhine state in burma myanmarare facing several concurrent crises precipitated by the reported attack on august 25, 2017, on burmese security facilities near the border with bangladesh. Law and constitution civil and political issues nationality, citizenship and immigration laws, decrees, bills and regulations relating to nationality, citizenship and immigration texts burma citizenship law of 1982 burmese. Their lands were stripped, people forced into labour and the 1982 revised myanmar citizenship law excluded rohingya from the list of national ethnic groups, effectively turning them into stateless persons while leaving the question of nationality unresolved.
The aim of the first act was first to define citizens and their rights. Therefore the ability to confirm or acquire citizenship in myanmar generally relies on. Persons who have entered and resided in the state prior to 4th. Even if one is not an ethnic, a foreigner can marry a citizen, and after living in myanmar for two generations, he or she can apply for citizenship. Myanmar s legal framework for citizenship is incompatible with bedrock rule of law and democratic principles. Laws, decrees, bills and regulations relating to nationality. Develop a new citizenship law to replace the 1982 law and its bylaws. The rohingya people of myanmar known as burma before 1989 were stripped of citizenship in 1982, because they could not meet the requirement of proving their forefathers settled in burma before 1823, and now account for one in seven of the global population of stateless people. The chairman of the council of state on 15, october promulgated the burma citizenship law which was approved and passed by the third session of the third pyithu hluttaw. Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 citizenship law.
The 1982 citizenship law is the linchpin for a whole set of laws, policies and practices that discriminate against rohingyas as noncitizens and leaves them extremely vulnerable to human rights abuses by government and nongovernment actors. After the disputed elections in 1991, the myanmar military commenced a campaign called pyi. This law shall be called the burma citizenship law. Acquisition and withdrawal of nationality is regulated in myanmar under the 1982 citizenship law. Every child shall have the right to be registered immediately after birth and the right to acquire citizenship of myanmar in accordance with the constitution of myanmar and the convention on the rights of the child. The chairman of the council of state, on 15 october 1982, promulgated the burma citizenship law which was approved and passed by the third session of the third pyithu hluttaw. It is not that white card holders automatically become. National constitutions, draft constitutions, amendments and announcements texts, key documents of burmese law, burma myanmar laws, decrees and regulations state peace and development council, 2008, laws, decrees, bills and regulations relating to nationality, citizenship and immigration texts. The citizenship law is myanmar s domestic law governing citizenship entering into force in 1982. This is the myanmar version of the 1982 citizenship law.