Statelessness Working Paper Series No. 2017/01
such provisions of the 1982 Citizenship Law was that after three generations the ‘others’ would
integrate in the Myanmar society and thus become full citizens.
3. Uneven application leading to statelessness
In order to implement the 1982 Law, Myanmar undertook, starting in 1989, a ‘national verification’
process to determine the citizenship status of its inhabitants and provided them with a color-coded
ID-Card: pink means full citizenship, green naturalised citizenship and blue associate citizenship. While
the 1982 law sought to create second-class citizens, not stateless persons in Rakhine, an uneven
application of the law had statelessness as a consequence. Persons holding National Registration
Cards proving citizenship were not given full citizenship even though they were legally entitled to it.22
Moreover, the communities refused to participate in a process which denied their right to identify
themselves as they wished and identified them as ‘Bengali’ (in practice, foreigners). The Muslim
community argued that they were already citizens and refused to participate in the ‘national
verification process’ unless their self-identifier was included in their ID Cards. However, the policy in
Rakhine State and elsewhere has been to deny such option while offering to provide temporary
documentation with unclear legal status (first Temporary White Cards, more recently Interim Cards
for National Verification) pending a decision on ‘citizenship scrutiny’.
4. The need for reform
Leaving aside Rakhine, all applicants need to prove their belonging to the national groups through a
highly bureaucratic process which often does not takes place due to the difficulties in accessing
governmental services in an underdeveloped rural scenario. Access to citizenship (and equal
treatment and opportunities) for many other Myanmar inhabitants is a distant dream. The
discrepancy between the current legal framework and society’s needs in modern Myanmar is
apparent when looking at the result of the 2014 census: 11,000,207 persons lack adequate
identification documents.23 This situation results in persons being vulnerable to discrimination and in
the worst cases either stateless or at the risk of statelessness. In fact, this is the reality of a
considerable number of displaced persons in Myanmar and its refugees in other countries.
The need for reform is indeed obvious and the only reason it does not take place is out of fear of the
far right religious groups, which are highly effective in vetoing liberalising reforms (in Myanmar and
elsewhere) and the position of the Army, which thanks to the 2008 Constitution hold the key to any
substantial reform.24 A more normal framework concerning access to citizenship would help guide
Myanmar in its democratic transition. This would mean a set of transparent and accountable norms
on citizenship acquisition and loss, based on the notion of equal rights and the idea that all those who
have a genuine link with and a stake in the future of the state have a moral claim to be recognised as
its citizens and to be represented in democratic self-government. The law and its procedures are
become anachronistic in light of the rapid changes that Myanmar is undergoing. A paper-based system
sits awkwardly in the digital age. Moreover, it does not reflect the democratic principles which should
guide today’s Myanmar but rather the military regime it was born under.
22
According to Article 6 of the 1982 Citizenship Law, persons who were citizens at the time of the entry into force continue
to be citizens.
23 2014 Myanmar Housing and Population Census, The Union Report, page 207.
24 Aleksandra Maatsch, Ethnic Citizenship Regimes, Europeanisation, Post-war Migration and Redressing Past Wrongs,
(Palgrave Macmillian, 2011), p. 24.
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