Fighting Imagined Invasions with Administrative Violence
(which were rarely applied for) — but rather ‘National Registration Cards’
(‘NRC’), pursuant to the Residents of Burma Registration Act 1949 and its
Residents of Burma Registration Rules 1951. 68
The Burma Citizenship Law 1982 included a new card, the ‘Citizenship
Scrutiny Card’, which replaced the NRCs and implied a recognition of the
citizenship status of the cardholder after ‘scrutiny’. 69 Hence, the government used
the implementation of the new citizenship law to deny the Rohingya the issuance
of new ‘Citizenship Scrutiny Cards’ and citizenship. This was actually contrary to
the provisions of the Burma Citizenship Law 1982, where Rohingyas could have
been issued with ‘Naturalised Citizenship Cards’, ‘Associate Citizenship Cards’
or full Citizenship Scrutiny Cards depending on their individual situation. 70
Instead, they were given ‘Temporary Registration Cards’ (also known as ‘white
cards’), a temporary document foreseen in the Residents of Burma Registration
Rules 1951, arguing that the citizenship status of these persons was in need of
further verification. 71
One of the reasons that led to denationalisation was the insistence by
immigration officials that the Rohingya officially self-identify as ‘Bengali’
(implying foreign descent and sparking fears of a future deportation). The
confrontation between Rohingya and Rakhine political representatives on the
depiction of the former as either ‘Bengali’ or ‘Rohingya’ are indigeneity-based
arguments where each side seeks to prove which group can claim historically to
be a native to Rakhine. 72 The complexity of the history of the region disqualifies
any simplistic answer to such questions.
As a result of Ne Win’s citizenship policy, close to one million persons were
rendered stateless. In addition to being deprived of nationality, a quasi-apartheid
regime was imposed in Rakhine from the 1970s up to the present, characterised
by undue restrictions on freedom of movement and the discriminatory denial of
services. 73
The progressive denationalisation of the Rohingya from the 1970s onwards was
followed by policies and practices which led to the forcible displacement of their
population across the border to Bangladesh. The partition of Pakistan and the
creation of Bangladesh increased the fears of illegal migration and led the
government to implement the Burma Immigration (Emergency Provisions) Act
1947 restrictively and require all Rakhine inhabitants to carry publicly their
identity documents. 74 Further along, in 1978, the implementation of the
‘Operation Naga Min’ (‘Dragon King’), officially aimed to identify illegal
68
69
70
71
72
73
74
Residents of Burma Registration Act 1949, Act No 41 of 1949 (Union of Burma); Residents
of Burma Registration Rules 1951 (Union of Burma) r 2 (‘Residents of Burma Registration
Rules 1951’).
Burma Citizenship Law 1982 ss 4, 8, ch III, IV.
ibid.
Residents of Burma Registration Rules 1951 (n 68) r 2.
Ardeth Maung Thawnghmung, ‘The Politics of Indigeneity in Myanmar: Competing
Narratives in Rakhine State’ (2016) 17(4) Asian Ethnicity 527.
For an overview of such policies, see Policies of Persecution: Ending Abusive State Policies
against
Rohingya
in
Myanmar
(Report,
Fortify
Rights
2014)
<https://reliefweb.int/report/myanmar/policies-persecution-ending-abusive-state-policiesagainst-rohingya-muslims-myanmar>.
See Burma Immigration (Emergency Provisions) Act 1947, Act No XXI of 1947 (Union of
Burma).
205