Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 citizenship law. The 1982 burmese nationality law myanmar version scribd. Nationals such as the kachin, kayah, karen, chin, burman, mon, rakhine or shan and ethnic groups as have settled in any of the territories included within the state as their permanent home from a period anterior to 1185 b. Refworld national legislative bodies national authorities. The 1982 citizenship law of myanmar stripped the rohingya of their nationality, making them legally stateless. A person is issued with a colourcoded citizenship scrutiny card consistent with his or her citizenship status.
In 1982, burma citizenship law was enacted for the sake of those who had settled down on myanmar soil and made a living honestly. Rohingya ethnic muslim minority and the 1982 citizenship. The expressions contained in this law shall have the following meanings. The 1982 burmese nationality law myanmar version free download as pdf file. The provisions of the registration of foreigners rules, 1940 hereinafter in this order referred to as the rules, shall not apply to, or in relation to, any person who proves to the satisfaction of the registration officer that he has not attained the age of eighteen years, provided that the necessary particulars in regard to such person. According to the 1982 myanmar nationality law, 5 ethnic groups living in myanmar are born citizens. Myanmars 1982 citizenship law and rohingya burma campaign. The 1982 citizenship law deprives the rohingya of citizenship in myanmar. The following persons born in or outside the state from the date this law comes into force may also apply for naturalized citizenship.
The 1982 citizenship law stripped the rohingya of their citizenship and even the right to selfidentify. This law was the basis for arbitrary and discriminatory treatment against the rohingya community. Introduction myanmar is an immensely diverse country from an ethnic perspective. 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. Most of the indian people had lost their job or business and which compel them to leave myanmar. The government of the republic of the union of myanmar ministry of immigration and population notification no. The government of india had then given them land or money to settle in india in few pockets of india which is known as burma colony. The 1982 burmese nationality law,the burma citizenship.
While the possession of legal status is fundamental to an inclusive notion of citizenship, consideration of other nonformal dimensions of citizenship are just as. The rohingya were deprived of their nationality in 1982 by myanmar s citizenship law which denied them citizenship and effectively rendered them stateless. The rohingya have been denied burmese nationality by the 1982 citizenship law. Since its independence it has been immersed in an intense process of nationbuilding which heavily links ethnic identity and citizenship issues.
It is not that white card holders automatically become citizens. Myanmars 1982 citizenship law and rohingyas citizenship. Persons who have entered and resided in the state prior to 4th. Every national and every person born of parents, both of whom are nationals are citizens by birth. 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. 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. Recently escalating violence and increasing discrimination encompassing restrictions on religious freedom, lethal use of force, forced displacement and denial of equal citizenship rights has not only exasperated the humanitarian crises confronting the rohingya. Reflecting on worldview, ideology, and citizenship influences of worldview and ideology on citizenship as you saw in part 1 of this book, your worldview may lead you toward an ideology that influences the ways you think and act.
Projectlevel impacts ethnic minority groups indigenous. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. Therefore the ability to confirm or acquire citizenship in myanmar generally relies on. The rohingya are also subject to many restrictions in daytoday life. Laws, decrees, bills and regulations relating to nationality. Constitution of the socialist republic of the union of burma, 1974 3 4. The burma citizenship act religious literacy project. Burmacitizenship law of 1982 working peoples daily saturday, 16 october, 1982 special supplement burma citizenship law promulgated. Rohingya ethnic muslim minority and the 1982 citizenship law in burma article in journal of muslim minority affairs 374. A person who is already a citizen on the date this law cones.
By 1982, a new citizenship law was passed that prevented rohingya from easily accessing full citizenship, rendering many of them stateless. The following is the english translation of the burma. This is an unofficial translation of the act, the pyithu hluttaw law no. 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. 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. In particular, the 1982 citizenship law is highly discriminatory and arbitrary, and manifestly fails to satisfy the states obligations under international human rights law. Burma citizenship law of 1982 working peoples daily saturday, 16 october, 1982 special supplement burma citizenship law promulgated. The information has been carefully selected and compiled from unhcrs global network of field. This law shall be called the burma citizenship law. Of the total 15 million rohingya people living in myanmar and. It is not that white card holders automatically become. Laws, decrees, bills and regulations relating to nationality, citizenship and immigration texts.
This is the myanmar version of the 1982 citizenship law. Rohingya ethnic muslim minority and the 1982 citizenship law in. Is the right to vote in accordance with the 1982 citizenship law. The myanmar framework on the right to nationality constitutes a unique, exclusive, ethnic citizenship system based on the jus sanguinis, ie, law of blood. The government of the republic of the union of myanmar. Myanmars citizenship law 1982 the citizenship law is myanmars domestic law governing citizenship entering into force in 1982. 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 casts minorities to the margins as citizenship law.
Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982. Everyone in myanmar should learn burma citizenship law 1982. 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. Burma s 1982 citizenship law violates the universal declaration of human rights, the. Myanmar s 1948 citizenship law was already exclusionary, and the military junta, which seized power in 1962, introduced another law twenty years later that stripped the rohingya of access to. The united nations has long characterized myanmar s rohingya muslims as one of the worlds most persecuted minorities. Burma citizenship law of 1982 naturalization united.
The stated aim of ne wins 1982 citizenship law was to create a twotiered system. Eligibility for citizenship in myanmar primarily follows an ethnicity and jus sanguinis, descentbased criteria. Our ministry is not involved in the issue of the right to. The myanmar citizenship law was enacted in 1982 by repealing the union citizenship act 1948. 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.
Burma s treatment of the rohingya and international law no. Constitutional analysis of 1982 citizenship law final 9. Burma citizenship law of 1982 free download as pdf file. 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. Rohingya have also been subjected to grave human rights abuses at the hands of the myanmar authorities, security forces, police, and local rakhines the buddhist majority population in rakhine state. The 1982 citizenship law represents systemic discrimination at a policy level by the government of myanmar, which openly denies the rohingya access to basic human rights such as, access to education, employment, marriage, reproduction and freedom of movement. The 1982 burma citizenship law 1982 act distinguishes its citizens under three categories of citizenship. 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. Burma citizenship law chapter i title and definition 1. But it is very important for myanmar which is situated among the highly populated countries. Indeed, the legal meaning of naturalised citizen in myanmar in practice relates. To amend the myanmar citizenship law 1982 pyithu hluttaw law no.
Refworld is the leading source of information necessary for taking quality decisions on refugee status. The 1982 citizenship law provides for three types of citizenship citizens, associate citizens and naturalised citizens. 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. The citizenship law is myanmar s domestic law governing citizenship entering into force in 1982. Myanmar casts minorities to the margins as citizenship law denies legal identity citizenship legislation in myanmar excludes some communities and restricts the rights of. Published in working peoples daily, 16 october 1982.
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