nationality and not be deprived of their nationality arbitrarily or on the basis of disability (article
18(1)(a)); not to be deprived, on the basis of disability, of their ability to obtain, possess and utilise
documentation of their nationality or other documentation of identification (article 18(1)(b)), and,
for children with disabilities, to be registered immediately after birth and have the right to acquire
a nationality (article 18(2)).
4. Myanmar, as a member State of the UN, is obliged by the UN Charter to promote “universal
respect for, and observance of human rights and fundamental freedoms for all without distinction
as to race, sex, language or religion”.5 These human rights and fundamental freedoms are
specified in the Universal Declaration of Human Rights (“UDHR”), many of which are also
recognised as principles of customary international law.6
5. In addition to the CRPD, Myanmar has acceded to three other core UN human rights instruments:7
the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW”), the
Convention on the Rights of the Child (“CRC”) and International Covenant on Economic, Social and
Cultural Rights (“ICESCR”).8 Of these treaties article 9 of the CEDAW and articles 7 and 8 of the
CRC provide for the universal right to a nationality without discrimination. Additionally, article 7
of the CRC, enshrines every child’s right to be registered immediately after a birth – a key
protection against statelessness.
6. However, Myanmar is yet to ratify the Convention Against Torture, International Covenant on Civil
and Political Rights, International Convention on the Elimination of All Forms of Racial
Discrimination and the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families.9
7. Myanmar is not a State party to the 1954 Convention relating to the Status of Stateless Persons,
the 1961 Convention on the Reduction of Statelessness or the 1951 Convention relating the Status
of Refugees and its 1967 Protocol.
8. As a member State of the Association of South East Asian Nations (ASEAN), Myanmar a signatory
to the 2012 ASEAN Human Rights Declaration.10 Although this declaration is a non-binding
document, it nonetheless reflects consensus as to the right to a nationality and the importance of
human rights in the region.11
9. Myanmar has also adopted the 2030 Agenda for Sustainable Development, including the Agenda’s
17 Sustainable Development Goals.12 Relevant to Myanmar’s obligations under article 18 of the
5
Charter of the United Nations, art 55(c). According to Article 56 of the Charter, it is the obligation of all
member states of the UN to take “joint and separate action in cooperation with the Organization for the
achievement of the purposes set forth in Article 55”.
6
Draft Articles on Diplomatic Protection with commentaries (2006) II(2) Yearbook of the International Law
Commission 49.
7
OHCHR, The Core International Human Rights Instruments and their Monitoring Bodies
<https://www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments.aspx>.
8
OHCHR, Ratification Status for Myanmar
<https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=119&Lang=EN>.
9
Ibid.
10
ASEAN, ASEAN Human Rights Declaration (18 November 2012) <https://asean.org/asean-human-rightsdeclaration/>.
11
Ibid, article 18.
12
https://sustainabledevelopment.un.org/sdgs
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents