Right to acquire a nationality and not be deprived their nationality arbitrarily - Article 18(1)(a)
14. The acquisition, confirmation and loss of nationality in Myanmar is codified by the 1982
Citizenship Law and the 1983 Citizenship Procedures.
15. There are three different types of citizenship provided by the 1982 Citizenship Law: “citizens” (also
referred to as “full citizens”), “associate citizens” and “naturalised citizens.17 Each type of
citizenship is afforded different entitlements.18 For example, “associate citizens” and “naturalised
citizens” do not have the same access as “citizens” (“full citizens”) to various rights, such as the
right to political participation, education, health, freedom of movement and property. 19
16. Eligibility for all three types of citizenship, pursuant to the 1982 Citizenship Law, primarily follows
an ethnicity and jus sanguinis, descent-based criteria.20 Therefore the ability to acquire or confirm
citizenship in Myanmar is usually dependent on the applicant demonstrating their ethnicity and
the citizenship of their ancestors. In practice, this is often demonstrated through documentary
evidence, such as the applicant’s parent’s citizenship documentation21 and a household
registration list.22 Birth certificates can also provide evidence of the links between a child and its
parents.23
17. A list of the “135 recognised ethnic groups” is currently provided for by administrative
instruction24 and is applied with respect to an assessment as to whether a person is a “citizen”
under the 1982 Citizenship Law.25
17
Each type of citizenship evidenced by specific documentation - the Citizenship Scrutiny Card (CSC), Associate
Citizenship Scrutiny Card (ACSC) or Naturalised Citizenship Scrutiny Card (NCSC), respectively. The cards are
differently coloured. The CSC is pink in colour, the ACSC is blue and the NCSC is green.
18
1982 Citizenship Law, ss. 30(c) and 53(c).
19
José María Arraiza and Olivier Vonk, Report on Citizenship Law: Myanmar (Country Report 2017/14, October
2017)
<http://cadmus.eui.eu/bitstream/handle/1814/48284/RSCAS_GLOBALCIT_CR_2017_14.pdf?sequence=1> pp.
5-6.
20
A Gender Analysis on the Right a Nationality in Myanmar, page 5.
21
In Myanmar, a person’s ethnicity is detailed in various forms identity documentation, such as citizenship
documentation, household registration lists and birth certificates.
22
A household registration list (also known as a family registration list, household registration card, family
household list, Form-66/6 or Form 10) is a record of the individuals residing in each household in Myanmar,
including newborn children.
23
Gender Analysis on the Right to A Nationality, page 28.
24
Ibid, page 5.
25
“Citizenship” (type 1) is acquired automatically via one of six criteria. First, if the person is deemed to be of a
specified ethnicity and their ancestors are determined to have “settled” in Myanmar “as their permanent
home” prior to 1823 and have since remained in Myanmar (1982 Citizenship Law, s.3 and 1983 Procedures
Relating to Citizenship, s. 5). Persons who meet this criteria are referred to as “Nationals” and are also
considered “citizens by birth”. (1983 Procedures Relating to Citizenship, ss. 5 and 6). Second, children born in
or outside of Myanmar to “National” parents (i.e. both the mother and father meet the prior mentioned first
criteria for “citizenship”) are “citizens by birth” (1982 Citizenship Law, s. 5 and 1983 Procedures Relating to
Citizenship, s. 6.) Third, if the applicant was a citizen pursuant to the 1948 Union Citizenship Act or the 1948
Union Citizenship (Election) Act before the enactment of the 1982 Citizenship Law.49 Fourth, persons born in
or outside of Myanmar whose parents are both “citizens” (1982 Citizenship Law, s. 7(a) and 1983 Procedures
Relating to Citizenship, s. 8(a). Fifth, persons born in or outside of Myanmar whose one parent is a citizen and
the other parent is either an “associate citizen” or “naturalised citizen” (1982 Citizenship Law, s. 7(b) and (c),
and 1983 Procedures Relating to Citizenship, ss. 8(b) and (c). Sixth, persons born in or outside of Myanmar
whereby one parent is either a “citizen”, “associate citizen” or “naturalized citizen” and the other parent has at
5
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