1982 Myanmar Citizenship LawMyanmar Citizenship Act 1982
Myanmar Citizenship Act 1982 and the Citizenship of Rohingyas | 2017-12-13
Is the Citizenship Act of 1982 really removing the citizenship of Rohingyas? Rohingyas are the largest fellowship of destitute humans in the arsenal. Rohingyas' right and citizenship issues in Myanmar are seen by many as the most sensitive issues of recent history, talking a great deal about the regulatory state of Rohingyas in Myanmar and their impact.
Refusal of full citizenship of Rohingyas means that they are subject to violations of their basic humanitarian freedoms, discrimination in treatment, e.g. restriction of their free movements, admission to training and random seizure of possession. It is therefore inevitably a serious obstacle to finding a stable and lasting way out of the Myanmar to Bangladesh expulsion of these refugees.
Burma Citizenship Law of 1982 (Act of 1982) differentiates its people into three categories: citizenship, associated citizenship and naturalized citizenship. The Citizenship Scrutiny Card is color-coded to reflect your citizenship. The card is available in rose, bleu and greenn. Part 3, Section II of the 1982 Act provides that "citizens such as Kachin, Kayah, Karen, Chin, Burman, Mon, Rakhine or Shan and ethnical groups who have resided in one of the areas within the state have been Burmese since before 1185 B.C., 1823 A.D.".
You may also note that a individual who does not belong to any of the racial or racial groups (as specified in Chapters II and Section 3 of the 1982 Act) may still be entitled to become a Citizenship class individual, as chapt. II, Section 6 states: "A individual who is already a resident at the time the Act comes into effect is a citizen".
It means, therefore, that a non-resident who is not able to prove his connection to parentage who established in Burma before 1823 or was not a national before the entry into force of 1982 will not be a national of the citizenship class, but he can still obtain the citizenship of the other two form.
Associated citizenship applies to all who have not acquired citizenship but who have requested it under the Union Citizenship Act of 1948 under Chapter III of the Citizenship Act of 1982, while the naturalized citizenship class is "A citizen who immigrated to and stayed in the State before 4 January 1948 and was a citizen of the State may apply if he or she has not yet done so under the Union Citizenship Act of 1948".
In addition, a participant who has at least one of the three kinds of Burma/Myanmar citizenship is also entitled to participate. In addition to these two skills, 44 of the 1982 Act requires that a naturalisation candidate must have the following qualifications: The UN General Assembly adopted a motion on 29 December 2014 urging the government of Burma to change the 1982 law so that it no longer discrimination against the Rohingyas.
Yet consecutive Myanmar authorities, in particular the Thein Sein administration, have not properly applied the law and may have used bureaucratic leeway to refuse the citizenship of an estimated 800,000 to 1.3 million Rohingyas, in particular the state of Rakhine. The Rohingyas are generally thought to have been stateless since they were deprived of their citizenship by the 1982 Citizenship Act, which recognizes 135 ethnical groups.
Burma's discriminating citizenship law not only removes Rohingya's citizenship, but has been promoting systemic violation for decades," said Brad Adams, executive director of the Asian Division of Humane Right Watch. The amendment of the Law on Adaptation to Internationally Accepted Norms is the first stage in solving this long-standing violation of fundamental freedoms.
" Human Rights Watch reports that the March-April 2014 United Nations Population Fund supported Burma's federal administration in conducting a nationwide population survey did not list any individuals who identify themselves as Rohingya. On the question of ethnic origin, the Commission report notes that the present NLD administration has resumed the verifications procedure by issueing National Identification Card (ICVN), which no longer asks claimants to indicate their ethnic origin or creed on the claim sheet.
Indeed, it is a good sign to find a way to resolve the question of citizenship of the Rohingyas. Considering this, it can be said that the Rohingyas are clearly entitled to obtain citizenship under the Citizenship Law of 1982, which is a gold-plated figure on the horizon in terms of resolving the Rohingya war.
However, such a decision will be conditional not only on the rapid return of the Rohingyas from Bangladesh to Myanmar under the agreement concluded between Bangladesh and Myanmar on 23 November 2017, but also on the application of the Consultative Commission's recommendation to give Myanmar citizenship to the returners under the current Myanmar Citizenship Act of 1982.