1982 Citizenship Law Burma Rohingya1983 Burma Rohingya citizenship law
Burma, Bangladesh: Bangladesh Burmese refugees
Several Rohingya groups have, of course, decided to come back to Burma after years in Bangladesh refugee camp, but the situation in the districts of Arakan from which they have escaped has still not significantly improved". The Rohingya in Burma remains undiminished and the underlying causes of the original 1991-92 expedition are still intact.
Refusal of citizenship, hard labour and indiscriminate seizure of assets are continuing to create new streams of refugees and restrict the re-integration of returnees. Burma's judicial Rohingya state and the practical impact it has remain the most crucial question. Most Rohingya are regarded by the Myanmar government as "resident foreigners", not people.
The Rohingya are exposed to other forms of abuse, which include restricting their free movements, discriminating barriers to educational opportunities and indiscriminate seizure of possession. Refusal of citizenship and related entitlements is unavoidably a serious obstacle to a lasting settlement of the flow of refugees.
Burma's citizenship law, which regulates the right to one of three forms of Burma citizenship, denies the Rohingya the opportunity to acquire citizenship. Although Rohingya's story can be traced back to the 8th millennium, Burma's law does not recognise the country's ethnical minorities as one of the nation's racial groups.
The Rohingya family emigrated to Arakan during the English colonisation and established themselves there. For the Rohingya, whose family moved to the area before 1823, it is almost not possible to obtain citizenship due to the burdensome workload.
Rohingyas who cannot present "conclusive proof" of their ancestry or domicile cannot be found in any of their citizens. Rohingya's free movements are limited by its official position as a foreigner residing in the country, and it does not have the right to enter higher learning or hold official positions.
The UN General Assembly appointed the UN as an intermediary under Article 11 of the 1961 Reducing statelessness Agreement, the UNHCR's function was further specified in Executive Committee Conclusion No. 78 of 1995. The UNHCR is thus mandated to encourage both the State's entry into the 1954 Stateless Persons Status Agreement and the 1961 above-mentioned Agreement and "to encourage the promotion of the avoidance and limitation of Statelessness through the provision of information and education of personnel and civil servants of governments and to improve co-operation with other interested organisations".
The UNHCR has called on the UNHCR to reconsider the citizenship law of the country, also in the context of the National Convention, and to consider the availability of funding, technology and legislation for the issuance of citizenship cards. But Burma's governing Social Democratic Party (SPDC) has so far made no headway in removing the regulatory barriers to a sustained repatriation of Rohingya migrants and has reacted adversely to the UNHCR Overture.
The 1982 law perpetuates the Rohingya citizenship crises by refusing citizenship to noncitizens of Burma. To obtain citizenship in Burma, at least one of the parents must already have one of the three forms of citizen. To this end, the right of citizenship is contrary to the duty of the Myanmar authorities under Article 7 of the UN Charter on the Right of the Infant, which states: "The infant is recorded immediately after childbirth and has the right to a name, the right to obtain citizenship.... The States Parties shall guarantee the enforcement of these laws in accordance with their domestic law and their duties under the applicable intergovernmental tools in this area, especially if the infant would otherwise be stateless.
" Burma's authorities signed the 1991 treaty and are committed to granting citizenship to those whose birth was in Burma and who would otherwise be stateless. 2. Based on the 1940 Aliens Registration Act, the Myanmar authorities require Rohingya village residents to obtain permission from their district peace and development council chairperson to move across townships and state borders.
Permission allows a Rohingya to journey for up to 45 nights. If a Rohingya wants to spend the night in a town within the townships, a similar permission must be obtained and presented to the responsible persons of the home town and the attended town. Rohingya has subjected the need for documentary material to systematic plunder by corruptionists.
ROHRINGYA must regularly make regular payments of a bribe to the public agencies in order to receive travelling papers. Human Rights Watch, a resource well acquainted with the state of Arakan, said that a rigorous screenings process for those who want to make the Hadj ( "pilgrimage to Mecca") has also been inviting corruption and inhibiting Rohingya's capacity to fulfil one of the principles of the Islamic faith.
Burma's federal administration restricts itself to providing upper and lower level vocational education to citizens. The Rohingya has no entrance to state school outside school. The Rohingya's absence of citizenship also prevents them from obtaining public sector posts. Therefore, many Rohingya cannot be either instructors or healthcare personnel, nor can they take part in the formal community administration.
Like in many parts of Burma with a high level of civilian activity in Arakan, the troops have asked the village people to supply them with grain and cattle. In the absence of the ability of the central administration to properly supply its 450,000-strong armed forces, the regiments have often turned to blackmail, larceny and hard labour.
The Rohingya regularly has to cover higher costs than other people. One Rohingya women, who lived in Bangladesh but outside the shelter, said that before coming to Bangladesh a little more than a year earlier, Burma troops had regularly taken chicken from her. In another case related to Human Rights Watch, members of a NaSaKa force requested a truck load of watermelon from a farmer's farm.
As before, the Kyrgyz community continues to demand hard labour from Rohingya. It has been said that those who reject or lodge complaints are sometimes at physical risk of dying and that seven-year-old infants have been seen on slave labourers. Mandatory unremunerated work involves work in state-run, profit-oriented industry and the building of "model villages" for non-Muslim immigrants in Arakan.
Rajsoomer Lallah, the UN Special Rapporteur, pointed out in his October 4, 1999 United Nations General Assembly statement that the Burma administration is maintaining this policy in many parts of Burma, particularly in ethnically diverse states. At its June 1999 session, the International Labour Organization (ILO) prohibited the Myanmar authorities, following a committee of enquiry into the use of hard labour in violation of the 1930 Convention on the Use of Hard Labour (29), from taking part in its operations or taking advantage of its technological support until it took favourable measures in response as recommended by the committee.
These include the immediate discontinuation of the use of compulsory labour and the repeal of those parts of the Village Law and the City Law according to which it is punishable by law. During May 1999, the National Socialist Party issue an order in which it recommended to stop the use of hard labour by municipal bodies, but no significant decrease in its use was notified.
One man from a Maungdaw township town, who emigrated to Bangladesh in 1997, described Human Rights Watch's experiences as follows: It was the head of the town who was in charge of compiling the lists of those who would do hard labour. I' ve done some agriculture and daily work for about seventy kyats a days.
We' d be taken on their patrol by the army to look for the Rohingya Solidarity Organisation. UNHCR was two kilometres from our town, but they came only from time to time and the administration was watching them. One Maungdaw congregation member who came to Bangladesh in July 1998 named hard labour as one of the major causes why she was leaving Burma.
This case demonstrates the use of hard labour in state agriculture - a profitable undertaking. Burmese source also reports the use of hard labour on a NaSaKa proprietary groundnut farming in early 1999. In 1999, seven-year-old infants worked on repairing roads in some areas where the Rohingya displaced people had repatriated.
An eyewitness described Human Rights Watch's working conditions: The use of the use of children's labour directly violates the obligations of the Myanmar authorities under the UN Children's Rights Covenant. In 1999, the building of showcastles was also on the upswing. In 1988, the Myanmar authorities launched the pilot villager programme to promote the voluntary migration of Myanmar Buddhist Irrawaddy people.
Later on the regime compelled the village inhabitants to move and attracted local residents from the Arakans. Many of the inhabitants of the new Yangon village, established in 1999, came from Yangon, where a considerable number of village inhabitants emigrated in the mid-1990s to find work in the building work.
As the building project failed in the aftermath of the Asia depression, these individuals were out of work, and the administration has since driven them out of the cities to minimise the risks of civil commotion. Sample settlements are reserved for Buddhists only, so the Muslim Rohingya are forbidden by the Chinese authorities to occupy them.
More about Citizenship Scrutiny Cards see Human Rights Watch, "Burma: Rohingya Muslims: "New York: Human Rights Watch, Volume 8, No. 9 September 1996, p. 26. 24- Sections 42 to 44 of the 1982 Burma Citizenship Act on the qualification requirements for Burma citizenship are: Citizenship granted to the central office that provides consistent proof; One naturalised and the other a non-nationals; (b) have reached the ages of 18; (c) can pronounce one of the local language well; (d) have a good nature; (e) be healthy.
Twenty-five Human Rights Watch, "Burma: Rohingya Muslims: "Human Rights Watch" (New York : Human Rights Watch), Band 8, Nr. 9, septembre 1996 ; Human Rights Watch and Refugees International, "Rohingya Refugees in Bangladesh : Searching for a lasting solution," (New York: Human Rights Watch) Vol. 9, No. 7, August 1997. Yozo Yokota, "Situation of Human Rights in Myanmar" (Geneva: UN Commission on Human Rights) E/CN.
Lallah was not allowed to travel to Burma from the moment he took the job. For the Nationalkonvent siehe Janelle M. Diller, "The National Convention : an Impediment to the Restoration of Democracy" In Peter Carey (Hrsg.), Burma : In 1997, S. 27-54 ; Der Nationalkonvent war die Antwort von SLORC "auf den erdrutschartigen Wahlsieg der National League for Democracy und Démocratie (NLD) 1990.
Burma has neither subscribed to nor signed ratification of the International Covenant on Civil and Political Rights. A Rohingya traveller must hand in five photos and obtain eight photocopies of this ticket 4 or "Suspect Form" before travel. Human Rights Watch Interviews, August 23, 1999. Article 26(2) of the Universal Declaration of Human Rights and Article 13(b) of the International Covenant on Economic, Social and Cultural Rights guarantee access to higher schooling.
The NaSaKa (Border Administration Forced) was founded in 1992 after the Rohingya exit and consists of five different administrative authorities: the Polish Civil Defence, the Army Secret Service (MI), Lon Htein (riot police), and the immigration and human resources departments. Cf: Human Rights Watch and Refugees International, "Rohingya Refugees in Bangladesh: Search for a lasting solution", August 1997, p. 13.
The 34th Annual Report 34 August 23, 1999. Rajsoomer Lallah, Situation of Myanmar regarding the protection of fundamental freedoms, October 4, 1999. Adopted new tools against the use of children and the Myanmar resolution", ILO press release, ILO/99/23, 17 June 1999. Conversation with UNHCR Sub-Office, Cox's Bazar, August 10, 1999; Personal Right Watch Interviews with Rohingya Frau, Cox's Bazar, August 8, 1999.
Anti-Semitism in the UNHCR Bureau, Cox's Bazar, August 10, 1999. Cox' s Bazar, August 1999. 9. août 1999. 40- Entretien de Human Rights Watch, Cox's Bazar, 8 août 1999. Governments often build homes in isolated places without direct entry to a local markets.
Burma's leaders are providing the village people with some essential aid such as olive groves, paddy fields, wheeled wagons and some cash, but the village is quickly depleting these meagre resources. Human Rights Watch Interviews, August 23, 1999. Correspondence with Human Rights Watch, 19 December 1999.