Fighting Imagined Invasions with Administrative Violence
prior to 4 January 1948. 49 Second, a person born in or outside of Myanmar
to parents who are a specific combination of ‘citizen’, ‘associate citizen’,
‘naturalised citizen’ or ‘foreigner’. 50 Third, a child whose name is included
in one of their parents’ successful application for naturalised citizenship is
a ‘naturalised citizen’ following a formal oath by the child upon reaching
18 years of age. 51
With exceptions, overall, persons not belonging to the 135 recognised ethnic
groups are placed in a more vulnerable position, in line with the nativist
understanding of the hierarchy of ethnic groups (with them being at the bottom
end). Thus, the law provides a safeguard against a ‘citizen’ automatically losing
citizenship merely by marriage to a foreigner. 52 However, such protection is only
applicable for ‘full citizens’ and not ‘associate citizens’ or ‘naturalised citizens’. 53
The framework facilitates the deprivation of citizenship for persons of Indian
or Chinese origin (or otherwise non-Taingyintha) if they migrate outside of
Myanmar for a long period of time or permanently. Thus, an individual ceases to
be a ‘citizen’, ‘associate citizen’ or ‘naturalised citizen’ when he or she leaves
Myanmar permanently, acquires or registers as the citizen of another country, or
acquires a passport or ‘similar certificate of another country’. 54
Of note, gender plays a significant role in citizenship policy in Myanmar. First
of all, the implementation of the Burma Citizenship Law 1982 has been observed
to have a significant impact on women, despite the law being gender neutral. 55
Moreover, nativist policies have led to discriminatory legislation aimed at
restricting the marriage of Buddhist women to those understood as illegitimate
‘others’ (eg Muslims, persons of Chinese or Indian descent). 56 The marriage of
such women to persons of another religion and ethnicity is understood ultimately
as a threat to the nation. The latest manifestation of such policies from a legislative
point of view are the 2015 special laws for the defence of race and religion,
including the Buddhist Women Special Marriage Law and Law on the Practice of
Monogamy. 57 The package of four laws adopted in 2015 and supported by the
Buddhist ultra nationalist organization Ma Ba Tha also included the Law for
Health Care Relating to Control of Population Growth, 58 aimed at controlling the
demographic growth of Muslims and the 2015 Religion Conversion law, aimed at
limiting conversions of Buddhists to other religions. 59
49
50
51
52
53
54
55
56
57
58
59
Burma Citizenship Law 1982 (n 18) s 42.
ibid s 43.
ibid s 47. See also Procedures Relating to Myanmar Citizenship Law, 1983 (1983 Procedures
relating to Naturalised Citizenship), Notification 15/83 (Union of Myanmar).
ibid s 15.
ibid s 15(a). This is contained within Burma Citizenship Law 1982 (n 18) ch II, which
applies only to type 1 ‘citizenship’.
Burma Citizenship Law 1982 (n 18) ss 16, 34, 57.
A Gender Analysis of the Right to a Nationality in Myanmar (n 39).
See Mazumder (n 25).
Buddhist Women Special Marriage Law, Law No 50/2015 (Union of Myanmar); Law on the
Practice of Monogamy, Law No 54/2015 (Union of Myanmar).
Law for Health Care Relating to Control of Population Growth, Law No 28/2015 (Union of
Myanmar).
See, Myanmar: Parliament Must Reject Discriminatory Race and Religion Laws (Joint
Statement ASA 16/1107/2015, Amnesty International and the International Commission of
Jurists
3
March
2015)
<https://www.amnesty.org/download/Documents/ASA1611072015ENGLISH.pdf>.
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