Full citizens are descendants of residents who lived in burma prior to 1823 or were born to parents who were citizens at the time of birth. Household list a document which lists all the members of a household. A person who is already a citizen on the date this law cones. The burma citizenship act religious literacy project. Government of myanmar has imposed strict restrictions on rohingya freedom of movement, marriage, childbirth, and other aspects of daily life. Myanmars 1982 citizenship law and rohingya burma campaign. Thein nyunt, chair of the new national democracy party, made no concessions in his defence of the current 1982 law when he declared.
Burmas 1982 citizenship law states that full citizens are members of named national races including arakan, burman, chin. In northern rakhine state, it is often referred to as family list and is checked on an annual basis by makapa. 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. 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. The 1982 burmese nationality law myanmar version myanmar. But it is very important for myanmar which is situated among the highly populated countries. 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.
In 1982, the myanmar military junta did not list the rohingya as one of the 5 national races of myanmar. The government and members of myanmars public further deny the ethnic identity of rohingya and. 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. Myanmar s citizenship law 1982 the citizenship law is myanmar s domestic law governing citizenship entering into force in 1982. Rohingya ethnic muslim minority and the 1982 citizenship law. The government of the republic of the union of myanmar. Myanmar has a stratified citizenship system from the 1982 citizenship law, based on how ones forebears obtained it. Feb 10, 2015 it is not that white card holders automatically become citizens. Impact of forcibly displaced myanmar nationals fdmn in. Myanmar myanmar mmr36874 myanmar criminal law residents registration act national registration cards summonses 17 june 2010 1. The 18 contributors to this volume, an outgrowth of a conference on myanmar studies held in chiangmai, thailand, in 2015, have presented a varied selection of academic analysis and personal participant viewpoints from myanmar citizens of various ethnicities on different aspects of citizenship in the country now. The law was deeply problematic, as for many families of various ethnic groups, transnational ties were common and there was.
Legislation online in english refworld, united nations high commission for refugees unhcr pdf of law in english consulted on 20110803 abstractcitation. 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. 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. Burma citizenship law chapter i title and definition 1. Report on citizenship law myanmar jose maria arraiza and olivier vonk 1.
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 expressions contained in this law shall have the following meanings. Denied equal access to myanmar citizenship by law since 1982, most rohingya are also stateless. Is the right to vote in accordance with the 1982 citizenship law. Myanmars immigration and citizenship legal regime generates a high risk of statelessness. Thus, any solution must go beyond the granting of legal citizenship and seek to restore the imbalance created through decades of inequity. The key domestic legislation is the 1982 citizenship law and its procedures, which codifies the acquisition, confirmation and loss of myanmar citizenship. Indeed, the legal meaning of naturalised citizen in myanmar in practice relates. Csc citizenship scrutiny card, identity document issued under the 1982 citizenship law. The 1982 citizenship law deprives the rohingya of citizenship in myanmar. In order for a child to attain burmese citizenship, at least one parent must already hold one of the three types of burmese citizenship. It is not that white card holders automatically become. The 1982 citizenship law was promulgated in the immediate aftermath of the fallout of the nagamin campaign.
Can a copy of the criminal act of myanmar in english be found online. The 1982 burma citizenship law, promulgated not long after the mass return of rohingya who fled in 1978, distinguishes between three categories of. Introduction myanmar is an immensely diverse country from an ethnic perspective. 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.
Myanmar casts minorities to the margins as citizenship law. Our ministry is not involved in the issue of the right to. The following is an excerpt from burma citizenship law of 1982. This paper argues that despite all evidence as indigenous people of arakan, the ethnic muslim minority rohingya are arbitrarily deprived of their citizenship. 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. History of rakhine state and the origin of the rohingya. This is the myanmar version of the 1982 citizenship law. Eligibility for citizenship in myanmar primarily follows an ethnicity and jus sanguinis, descentbased criteria. Since its independence it has been immersed in an intense process of nationbuilding which heavily links ethnic identity and citizenship issues. Muslims in rakhine state of western myanmar have been facing severe humanitarian crisis since the 1982 citizenship law that took away their myanmar citizenship and right to selfidentify. The 1982 citizenship law was instrumental in officially marginalising the rohingya, but other historical events and sociopolitical practices of exclusion have also been responsible. Citizenship law stripped the rohingya community and legitimised to impose restrictions. Jennifer leaning 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. This lack of full citizenship rights means that the rohingya are subject.
Myanmars legal framework for citizenship is incompatible with bedrock rule of law and democratic principles. Myanmar nationality law wikipedia republished wiki 2. The government of the republic of the union of myanmar ministry of immigration and population notification no. Myanmars child rights bill and the right of a child to. The 1982 burmese nationality law myanmar version scribd. The 1982 citizenship law stripped the rohingya of their citizenship and even the right to selfidentify. In 1982, a new citizenship law consisting of 8 chapters effectively rendered the rohingya stateless.
The citizenship act of 1982, codified the legal exclusion of the rohingya, and the human rights and humanitarian condition of the. Every national and every person born of parents, both of whom are nationals are citizens by birth. The 1982 burmese nationality law myanmar version free download as pdf file. The 1982 citizenship law is the linchpin for a whole set of laws, policies and practices that discriminate against rohingyas as non. The citizenship law is intended to protect our race. Rohingya ethnic muslim minority and the 1982 citizenship. Under this law, citizens are required to obtain a national registration card, while noncitizens are given a foreign re. The citizenship law is myanmars domestic law governing citizenship entering into force in 1982. The 1982 citizenship law provides for three types of citizenship citizens, associate citizens and naturalised citizens. The rohingya are also subject to many restrictions in daytoday life. Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 citizenship law. Myanmars 1982 citizenship law does not comply with international standards and has been implemente d in an arbitrary manner resulting in large stateless populations in myanmar.
Burmese authorities denial of citizenship rights to the rohingyas. According to the 1982 myanmar nationality law, 5 ethnic groups living in myanmar are born citizens. Myanmar s legal framework for citizenship is incompatible with bedrock rule of law and democratic principles. Provisions in the 1982 law perpetuate the rohingya citizenship crisis by denying burmese citizenship to children born to those considered noncitizens. Why this matters in myanmar, statelessness poses a serious risk for many due to the interpretation and application of the 1982 citizenship law, which forms the central pillar of the current citizenship regime. Myanmar executive summary 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 rohingya of their rights to citizenship, legitimising discrimination and arbitrary. Special rapporteur on the situation of human rights in myanmar and. However, the burmese 1982 citizenship law institutionalized the rohingyas statelessness. In myanmar, the rohingya have very limited access to basic services and viable livelihood. Sep 22, 2017 according to the 1982 myanmar nationality law, 5 ethnic groups living in myanmar are born citizens. 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. The stated aim of ne wins 1982 citizenship law was to create a twotiered system. Laws, decrees, bills and regulations relating to nationality, citizenship and immigration texts.
Myanmar casts minorities to the margins as citizenship law denies legal identity citizenship legislation in myanmar excludes some communities and. Everyone in myanmar should learn burma citizenship law 1982. The law was deeply problematic, as for many families of various ethnic groups, transnational ties were common. As a result, rohingyas do not enjoy the right to freedom of movement within myanmar. Burma citizenship law of 1982 naturalization united. Burma citizenship law of 1982 free download as pdf file. In particular, the 1982 citizenship law is highly discriminatory and arbitrary, and manifestly fails to satisfy the states obligations under international human rights law. 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. 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. 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.
In 1982, burma citizenship law was enacted for the sake of those who had settled down on myanmar soil and made a living honestly. Therefore the ability to confirm or acquire citizenship in myanmar generally relies on. Under the 1982 citizenship law most rohingyas along with members of other ethnic minorities are not recognized as citizens. This is an unofficial translation of the act, the pyithu hluttaw law no.
295 1399 814 510 1151 1469 151 615 55 824 300 1492 1005 187 184 365 1325 1399 1336 1303 325 1461 1045 437 1058 239 72 1045 1573 1020 1055 944 20 363 1035 18 550 229 200 237 905 682 1137 229 1106 299 702