From the beginning of burmese independence, their separate identity. Scholars and rights practitioners are concerned about the burmese citizenship law, which clearly does not meet the international standards. General ne win in his speech of october 8, 1982 mentioned that, the union citizenship act, 1948. The 1982 citizenship law the citizenship law of myanmar remains the main. This law was the basis for arbitrary and discriminatory treatment against the rohingya community. Myanmars discriminatory citizenship laws can and must be. The 1982 burmese nationality law myanmar version myanmar. Legal aspects of the right to nationality pursuant to myanmar. The black market and rampant smuggling supplied the. Published in working peoples daily, 16 october 1982.
Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 citizenship law. Projectlevel impacts ethnic minority groups indigenous peoples. 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. Chrn, burman, ivlon, rakhine ur shan and ethnic groups as havc scttled in any of thc territories includecl within the state as their permanent honic fom a period prior to 1185 b. The 1982 citizenship law defines three categories of citizens. Why law reform is urgent and possible available in english and burmese analyses the legal framework for citizenship in myanmar, and assesses certain provisions of the 2008 constitution relevant to citizenship as well as the 1982 citizenship law. The second act was the union citizenship election act, 1948. Burma citizenship law of 1982 free download as pdf file. Burma, for example, you would likely have different ideas about citizenship. Kyaw zaw oo has been an advocate of 1982 myanmar citizenship law, in which the citizenship is granted on the principle of jus sanguinis latin for blood rights or law of the bloodline. Rohingya ethnic muslim minority and the 1982 citizenship law. Everyone in myanmar should learn burma citizenship law 1982. Myanmars citizenship law was enacted in 1982 by repealing the union citizenship act of.
There is no universally accepted definition of nationality or citizenship. Study of 1982 citizenship law root causes of discrimination. Oct 03, 2017 by 1982, a new citizenship law was passed that prevented rohingya from easily accessing full citizenship, rendering many of them stateless. This is the myanmar version of the 1982 citizenship law. The rohingyas have experienced difficulties in obtaining citizenship since the enactment of the 1982 citizenship law in burma. Sep 22, 2017 according to the 1982 myanmar nationality law, 5 ethnic groups living in myanmar are born citizens. Myanmar, the rohingya minority amnesty international. Rohingya have been denied burmese nationality by the 1982 citizenship law. To amend the myanmar citizenship law 1982 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. Pdf rohingya ethnic muslim minority and the 1982 citizenship. Acquisition and withdrawal of nationality is regulated in myanmar under the 1982 citizenship law. In 1982, a new citizenship law consisting of 8 chapters effectively rendered the rohingya stateless. The aim of the first act was first to define citizens and their rights. Currently, the citizenship legal framework is based on the 1982 citizenship law, which was enacted during general. Feb 01, 2017 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. He wrote articles on this subject in national daily newspapers, and gave talks on it as well. Since the implementation of the 1982 citizenship law, myanmar has been. Burma citizenship law of 1982 naturalization united. Since then, many more immigrants from neighboring countries have been awarded myanmar citizenship in line with the provisions stipulated in 1982 burma citizenship law. The 1982 burma citizenship law deliberately targeted the rohingyas in arakan state to become stateless persons. Statements about citizenship, whether in historical or contemporary official government documents or in other public writing,provide an.
In myanmar, the word for ethnic group, taiyinthar myo su, is widely perceived as. Myanmars 1982 citizenship law in context torkel opsahl. Jan 23, 2020 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. This act was promulgated on 4 january 1948, as act no. 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. Provisions in the 1982 law perpetuate the rohingya citizenship crisis by denying burmese citizenship to children born to those considered noncitizens. Rohingya ethnic muslim minority and the 1982 citizenship law in. 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. In burma, according to the 1982 citizenship law, the term citizenship is used. Sep 17, 2017 in 1982, burma citizenship law was enacted for the sake of those who had settled down on myanmar soil and made a living honestly. The 1982 burmese nationality law,the burma citizenship. 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. View study of 1982 citizenship law root causes of discrimination in myanmar. In particular, the 1982 citizenship law is highly discriminatory.
But it is very important for myanmar which is situated among the highly populated countries. The 1982 burmese nationality law,the burma citizenship law. 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. Myanmars legal framework for citizenship is incompatible with bedrock rule of law. Apr 07, 2021 this is an unofficial translation of the act, the pyithu hluttaw law no. In general, most countries consider that the acquisition of nationality can be made in one of two ways. Myanmar nationality law wikimili, the best wikipedia reader. Reflecting on worldview, ideology, and citizenship however, recently the military government of myanmar as burma is now known, introduced a new constitution, as reported below. The 1982 citizenship law deprives the rohingya of citizenship in myanmar.
The citizenship law is myanmar s domestic law governing citizenship entering into force in 1982. Legislation online in english refworld, united nations high commission for refugees unhcr pdf of law in english consulted on 20110803 abstractcitation. By mark farmaner, lse myanmar s 1982 citizenship law is not just a tool for denying the rohingya their rights, it has also contributed to the militarys. The 1982 citizenship law of myanmar stripped the rohingya of their nationality, making them legally stateless. General ne win and 1982 citizenship law rohingya language. This is an unofficial translation of the act, the pyithu hluttaw law no. On the central body established by the 1982 citizenship aw, a secretary joins the body as may a deputy secretary. 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.
The 1982 citizenship law and right to citizenship of minorities and freedom of. In fact, the 1982 law does not even comply with myanmar s 2008 constitution. The 1982 burmese nationality law myanmar version free download as pdf file. Reimagining myanmar citizenship in times of transition institute. Citizenship law and human rights in myanmar international.
Full citizenship is conferred under section 3 of the 1982 law to persons considered to be nationals such as the kachin, kayah, karen, chin, burman, mon, rakhine or shan groups, which the 2008 constitution broadly refers to as national races. Progressive voice the 1982 citizenship law and right to. C as a matter of urgency, the slorc should immediately amend or repeal the 1982 citizenship act ato abolish its overburdensome requirements for citizens in a manner which has discriminatory. Law 21 unlike the preceding 1948 act, which conferred equal rights on all citizens, creates three classes of citizens. The citizenship law is myanmars domestic law governing citizenship entering into force in 1982. The stated aim of ne wins 1982 citizenship law was to create a twotiered system. Refer to article 9 of cedaw, article 7 of crc and article 18 of crpd. Projectlevel impacts ethnic minority groups indigenous. Citizenship in myanmar, undertaken by nrc together with the. Pdf the rohingyas have experienced difficulties in obtaining citizenship since the enactment of the 1982 citizenship law in burma. State peace and development council, the law amending the myanmar citizenship law, the state peace and development council law no 497, section 3. Indeed, the legal meaning of naturalised citizen in myanmar in practice relates.
The ne win government nationalized the economy and pursued a policy of autarky, which isolated burma from the rest of the world. Myanmars 1982 citizenship law and rohingya burma campaign. 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. Full citizenship is restricted to nationals of specific. 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 ethnic muslim minority and the 1982 citizenship. Of the total 15 million rohingya people living in myanmar and across southeast asia, only 82 000 have any legal. An introduction to citizenship card under myanmar citizenship law pdf. Laws, decrees, bills and regulations relating to nationality.
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