CRPD, 16.9 of the Sustainable Development Goals provides the target that all States “by 2030,
provide legal identity for all, including birth registration”.13
Myanmar’s State Party report to the Committee on the Rights of Persons with Disabilities
10. The Committee will review for the first time, at its 22nd Session in September 2019, Myanmar’s
compliance with the CRPD since its ratification of the CRPD.
11. Myanmar’s State Party report, received by the Committee on 19 November 2015, states:
“Article (345) of the Constitution (2008) states that all persons who have either one of the
following qualifications are citizens of the Republic of the Union of Myanmar: (a) person born
of parents both of whom are nationals of the Republic of the Union of Myanmar; and (b)
person who is already a citizen according to law on the day this Constitution comes into effect.
That article also provides that every citizen shall have the right to settle and reside in any place
within the Republic of the Union of Myanmar according to law that assure liberty of
movement of the persons with disabilities. In addition, the persons with disabilities have the
equal right to nationality as prescribe in Myanmar Citizenship Law (1982).14 Article 9 (b) of the
Child Law (1993) states that the parents or guardian shall register the birth of the child in
accordance with the law. So, the children with disabilities are registered at birth. Article (10)
state every child shall have the right to citizenship in accordance with the provisions of the
existing law”.15
12. In response to Myanmar’s State Party report, the Committee’s list of issues with respect to article
18 of the CRPD states:
“Please provide information on the measures taken to ensure the rights of persons with
disabilities to acquire a nationality and that persons with disabilities are not being deprived of
their nationality arbitrarily or on the basis of disability. Please also provide information on the
measures that exist to ensure that persons with disabilities, especially children with
disabilities belonging to ethnic and religious minorities or living in rural and remote areas,
such as Tanintharyi Region and Rakhine and Kayin states, have access to birth registration and
certificates on an equal basis with others”. 16
13. Myanmar’s citizenship and civil registration and documentation law and policy framework does
not comply with Myanmar’s obligations under article 18 of the CRPD. First, the 1982 Citizenship
Law does not provide equal nationality rights to all people living with disabilities on an equal basis
with others. This includes the denial of the right to acquire a nationality and the right not to be
deprived of their nationality arbitrarily or on the basis of disability. Second, persons with
disabilities face significant barriers in obtaining, possessing and utilising civil documentation
(including citizenship documentation and birth certificates). Third, the 2019 Child Rights Law
(which replaces the 1993 Child Law) does not provide all children living with disabilities with the
right to be registered immediately after birth and the right to acquire a nationality.
13
UN Sustainable Development Goals, Sustainable Development Goal 16 - Promote peaceful and inclusive
societies for sustainable development, provide access to justice for all and build effective, accountable and
inclusive institutions at all levels), https://sustainabledevelopment.un.org/sdg16.
14
Initial report submitted by Myanmar under article 35 of the Convention, received by the Committee on 19
November 2015, CRPD/C/MMR/1, paragraph 57.
15
Ibid, paragraph 58.
16
Committee on the Rights of Persons with Disabilities, 14 May 2019, List of issues in relation to the initial
report of Myanmar, CRPD/C/MMR/Q/1, paragraph 14.
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