18. At least 50 ethnic groups residing in Myanmar are not included in the list of “135 recognised ethnic groups”.26 This is despite their intergenerational links to Myanmar. In fact, a large proportion of ethnic groups that are excluded from eligibility for “citizenship” (or “full citizenship”) under the 1982 Citizenship Law were previously eligible for the equivalent of “full citizenship” under the former citizenship law regime (pursuant to the 1948 Union Citizenship Act and the 1948 Union Citizenship (Election) Act).27 The former citizenship law regime also only had one type of citizenship. 19. Therefore, any person from an ethnic minority that is excluded from eligibility for “citizenship”, under the 1982 Citizenship Law, and who is also living with a disability will not enjoy the right to a nationality on an equal basis with others. This includes denial of the right to acquire a nationality. Those of this cohort who were eligible for the equivalent of “full citizenship” under the former citizenship law regime, face the additional violation of the right to not be arbitrarily deprived of their nationality.28 Right to acquire a nationality and the right to not be deprived of their nationality on the basis of disability - Article (18)(1)(a) 20. The 1982 Citizenship Law expressly denies a cohort of persons living with disabilities (“PLWD”) from eligibility for “naturalised citizenship”, namely persons of “unsound mind”.29 Therefore, contrary to article 18 of the CRPD, people of “unsound mind” in Myanmar do not enjoy the right to a nationality on an equal basis with others, including the right to acquire a nationality and not to be deprived of nationality on the basis of disability. 21. There is no definition of “unsound mind” provided in the 1982 Citizenship Law or 1983 Citizenship Procedures. Therefore, the term could potentially be applied to persons with a wide range of impairments, including intellectual and psychosocial disabilities, acquired brain injuries and degenerative brain conditions, such as dementia. 22. It must also be noted that the term “naturalised citizen” in the 1982 Citizenship Law does not adopt the terms usual meaning and instead is a discretionary means of acquiring citizenship, eligible to those: (1) who are not from the 135 recognised ethnic groups, but who have been born in and lived their entire lives in the country (as have their predecessors dating back at least to 1948), or (2) who are the children of one citizen, associate citizen or naturalised citizen and one foreigner; one associate and one naturalised citizen; or two naturalised citizens. 30 least one set of grandparents who are either both “associate citizens” or “naturalized citizens” or a combination of these (1982 Citizenship Law, s. 7(d)-(f) and 1983 Procedures Relating to Citizenship, s. 8 (d)-(f). 26 Navigating with a Faulty Map: Access to Civil Documents and Citizenship in South East Myanmar, (forthcoming) 27 The 1982 Citizenship Law repealed the 1948 Union Citizenship Act and the 1948 Union Citizenship (Election) Act. 28 The Committee on the Rights of the Child, in 2012, made a number of recommendations to Myanmar with respect to addressing gaps in the citizenship legislation which can lead to statelessness, to “abrogate the legal provisions providing for different categories of citizenship”, and “remove any indication of ethnic origin on identity card” – Committee on the Rights of the Child, 14 March 2012, “Consideration of reports submitted by States parties under article 44 of the Convention”, CRC/C/MMR/CO/3-4, para 42. 29 1982 Citizenship Law, s. 44 and 1983 Procedures Relating to Naturalised Citizenship, s.4. 30 That is, typically, naturalisation is a process through which foreigners – persons who either have citizenship of another country or are stateless migrants – can apply to become citizens of a country. Naturalisation is usually available to those have established a link with the country through criteria such as marriage to a citizen, residence in the country, adoption by citizens or their protection status. See Navigating with a Faulty Map: Access to Civil Documents and Citizenship in South East Myanmar. 6