Statelessness Working Paper Series 2016/04  Barriers to Rohingya securing citizenship: Rohingya are not acknowledged as an official ethnic group, barring them from conferral of Full citizenship. Tier Two: Associate Citizenship  Available to: Available to those who applied for citizenship under 1948 Citizenship Act, and before deadline of 15th October 1982. New applications can no longer be made.  Barriers to Rohingya securing citizenship: Few Rohingya were aware of the deadline’s existence, or its signification in conferring citizenship. Consequently, few applied prior to the deadline Tier Three: Naturalised Citizenship:  Available to: Individuals who can produce “conclusive evidence” that they entered and resided in Myanmar prior to 4th January 1948.  Barriers to Rohingya securing citizenship: The Rohingya lack the capacity to furnish this type of evidence. Most had their identity papers stolen, burnt during the 2001 riots in Sittwe, or misplaced them due to continuous displacement. Many only have a family list indicating names and dates of each household member, but this is not sufficient proof as it fails to record place of birth Having outlined the exhaustive barriers to citizenship for the Rohingya, it is important to now examine the rights afforded to those who are citizens of the State. This is informative for two main reasons: firstly, it is essential to highlight how citizenship places responsibility on the State to fulfil certain protections under the Myanmar Constitution, and secondly, to outline the negative repercussions that accompany an absence of these protections, with specific reference to its effects on the right to health. This will be done by examining Chapter Eight of the Myanmar Constitution, entitled ‘Citizenship, Fundamental Rights and Duties of Citizens.’45 There are eight key guarantees, afforded to citizens under Chapter Eight of the Myanmar Constitution46, which are essential to a successful realisation of the right to health:         Provision 3: The State shall enable any citizen to enjoy equal rights before the law and shall equally provide legal protection. Provision 4: The State shall not discriminate against or in favour or any citizen based on race, birth, religion, official position, status, culture, sex and wealth. Provision 5 (a) and (b): Citizens shall enjoy equal rights in the following areas: (a) civil service (b) occupation. Provision 7: Mothers, children and expectant women shall enjoy rights as prescribed by law. Provision 9: Nothing shall, except in accord with existing laws, be detrimental to the lives and personal freedoms of any citizen. Provision 24: Every citizen, in accord with the education policy laid down by the Union, shall: (a) have the right to education. Provision 25: Every citizen, in accord with the health policy laid down by the State, shall have the right to health care. Provision 36: Every citizen shall have the right to apply to the Supreme Court of the Union through appropriate proceedings to enjoy the rights guaranteed under this Chapter The above eight protections afford Myanmar citizens an effective opportunity to realise a secured right to health, and to hold the state to account if they fail to uphold these very same protections. Although Provision 5(b) and 24(a) may at first seem unrelated to health, the freedom to attend and be educated at medical school as well as the opportunity to be employed in the health care sector, which the Rohingya are barred from, should not be underestimated. How can the Rohingya have an 45 46 Myanmar Constitution (2008) Chapter VIII: Citizenship, Fundamental Rights and Duties of Citizens Ibid. 6