Statelessness Working Paper Series No. 2017/01 The debate on nationality in Myanmar is complicated further due to the mix of claims concerning the right to a nationality with claims for the recognition of a particular ethnic category. In this sense, the denial of the right to a nationality is linked to the denial of self-identification, becoming both a nationality rights and minority rights problem.25 Claims for recognition by these marginalised groups have led to a straight forward rejection by their opponents. The debate is highly polarised and rigid where both sides seem to leave aside the longstanding principle that the existence of minorities is a matter of fact, not of law.26 5. The Stakeholder Principle Fortunately, we are in 2017 and not in 1982. Myanmar is in the middle of multiple transitions, seeking peace and democracy and re-imagining itself. Within this process, there is some agreement that the legal framework will need to be reformed, at least eventually. In Rakhine State, the Advisory Commission led by Secretary General Kofi Annan has called for a fairer and more accountable implementation of the ‘national verification’ process in its interim report and is likely to call for reforms in the area of citizenship.27 A more realistic legal framework would include more orthodox naturalisation provisions, following more liberal standards. Perhaps innovative ideas such as Rainer Bauböck’s stakeholder principle should guide new law and policy. The stakeholder principle basically states that those who have a stake in the polity’s future due to the circumstances of their life should have access to citizenship. In Bauböck’s terms: [i]f we define citizenship as equal membership in a self-governing political community, then the most plausible answer to this question is that all those, and only those individuals, who have a stake in the future of a politically organised society have a moral claim to be recognised as its citizens and to be represented in democratic self-government. (…) Stakeholdership in this sense is not a matter of individual choice, but is determined by basic facts of an individual’s biography.28 Promoting an inclusive citizenship policy, together with the recognition and respect for the rights of minorities, is both an integration and a conflict prevention measure. Inclusion would mean naturalisation and granting of citizenship, to fully include long-term residents, stakeholders, in political life based on their links to the State. In this sense, a first step forward may simply be to support a more informed debate on the adequacy of the current framework to the ongoing reforms in Myanmar as well as increased public awareness on the dire consequences and hardships that stateless persons endure. The possibility of making the current laws and procedures and/or its application more accessible, efficient and inclusive in the future would not only prevent future unrest and displacement but also improve human rights protection and integration throughout Myanmar. 6. Conclusion Myanmar’s transition would benefit from a more democratic conceptualisation of its nationhood and a re-design of its citizenship laws. There are various options for reforming the current legal framework on citizenship in Myanmar. It is up to the national legislator to come up with an adequate, reasonable regime which respects international principles. The law could be improved by ensuring that citizenship is granted solely on descent (from a citizen or a permanent resident). It could include safeguards for 25 United Nations Human Rights Committee, General Comment 23 on Article 27, the Rights of Minorities, para. 5.2. UN Human Rights Committee, General Comment 23 on Article 27, the Rights of Minorities, para. 5.2. Permanent Court of International Justice, the Greco-Bulgarian Communities, Series B, No 17, 31 July 1930. 27 “Rakhine Advisory Commission Interim Report”, available at: http://www.rakhinecommission.org/ 28 Rainer Bauböck, “The Stakeholder´s Principle: an Idea whose Time has Come?” Migration Policy Institute (2008), p.4. <http://www.migrationpolicy.org/research/stakeholder-citizenship-idea-whose-time-has-come>. 26 5