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). 202

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