2020
Statelessness & Citizenship Review
2(2)
to acquire Burmese citizenship on the basis of their marriage to a Burmese citizen
after 1982.
The move towards closing naturalisation avenues was clearly based on the
rejection of potential foreign influence. This fear of the ‘other’ and rejection of
any alien rule is best exemplified by the motto of MoLIP, which states that ‘an
earthquake will not swallow a race to extinction but another race will’. 41 Banners
depicting this motto, as well as the list of the 135 recognised sub-groups, are
placed prominently in all offices of the MoLIP at all administrative levels.
Overall, since 1982 eligibility for citizenship is based on ethnicity and jus
sanguinis, descent-based criteria. The ability of confirming or acquiring
citizenship depends on the individual providing sufficient evidence on the
citizenship of their ancestors. Myanmar’s Burma Citizenship Law 1982 recognises
three types of citizenship: 42
1. Full Citizenship
Automatic acquisition is possible in four ways: first, if the applicant was a
citizen pursuant to the Union Citizenship Act 1948 and the Union
Citizenship (Election) Act 1948 before the enactment of the Burma
Citizenship Law 1982. 43 Second, if the person is deemed to belong to the
recognised national races, or Taingyintha (Bamar, Chin, Kayah, Karen,
Kachin, Shan, Rakhine and Mon). 44 Third, children born to ‘full citizen’
parents, are automatically citizens irrespective of whether they are born in
or outside the country. 45 The fourth way is for persons whose parents are
some combination of ‘citizens’, ‘associate citizens’ or ‘naturalised citizens’
and who have at least one set of grandparents who are either both ‘associate
citizens’,
‘naturalised
citizens’
or
a
combination. 46
2. Associate Citizenship
This is a ‘second class’ citizenship which may be acquired through
application. 47 It is available for those persons whose application for
nationality was pending at the time of the enactment of the 1982 Burma
Citizenship Law and not qualifying for citizenship (eg not belonging to the
recognised national races), are eligible for ‘associate citizenship’. 48
3. Naturalised Citizenship
There are three mechanisms to acquiring naturalised citizenship through an
application. First, the person must have entered and resided in Myanmar
41
42
43
44
45
46
47
48
See MoLIP Web Page (n 1).
Burma Citizenship Law 1982 (n 18) s 2. See also A Gender Analysis of the Right to a
Nationality in Myanmar (n 39) 5–10.
Union Citizenship Act 1948, Act No LXVI of 1948 (Union of Burma); Union Citizenship
(Election) Act 1948, Act No XXVI of 1948 (Union of Burma); Burma Citizenship Law 1982
(n 18) s 6; Procedures Relating to Myanmar Citizenship Law (1983 Procedures Relating to
Citizenship), Notification 13/83 (Union of Myanmar) s 7 (‘Procedures Relating to Citizenship
1983’).
Burma Citizenship Law 1982 (n 18) ss 3, 5; Procedures Relating to Citizenship 1983 (n 43).
Burma Citizenship Law 1982 (n 18) s 5.
ibid s 7.
ibid s 23.
ibid s 23. See also Procedures Relating to Myanmar Citizenship Law, 1983 (1983 Procedures
Relating to Associate Citizenship), Notification 14/83 (Union of Myanmar).
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