Statelessness Working Paper Series 2016/04
benefits of this economic expansion.38 This contemporary fear suggests that the Muslim faith is a new
invading virus into the heart of Myanmar. However, the Muslim religion, the individuals who follow
it, and the customs that accompany them, are all historically entwined with the history of Rakhine
State, dating back to as early as the 11th century.39
Anti-Rohingya violence was notably displayed in 1978 when President Ne Win begun Operation
Nagamin (Dragon King) to tackle illegal immigration, authorising sweeping checks of identity papers
throughout the country in order to purge illegal foreigners. Acts of violence, murder, and arson were
committed by the Burmese military, forcing 250,000 Rohingya to flee to Bangladesh for refuge.40
Following this mass departure, the uninhabitable conditions in Eastern Bangladesh defined by squalor,
limited humanitarian aid and subjection to arrest rendered it necessary for thousands of Rohingya to
risk returning back to Myanmar. Once returned, the majority of Rohingya still had no citizenship
papers following Operation Nagamin, and the creation of Myanmar’s Citizenship law in 1982 further
eroded the legal rights of many Muslims, rendering thousands stateless. At present there are at least
1.33 million Rohingya in Myanmar; all but 40,000 are stateless.41
3.3 Myanmar’s citizenship transition: The repeal of the 1948 Citizenship Act
Even though one stateless Rohingya would be one individual too many, the fact that just under one
million Rohingya face statelessness makes one question how the 1982 Citizenship Act legally
disempowered this ethnic group on such an expansive scale? In order to answer this question it is
important to acknowledge that the 1982 Citizenship Act was preceded by a 1948 Citizenship Act. The
1948 Act bestowed citizenship to those under four categories, namely those: born to parents
belonging to any of the indigenous races of Myanmar; born within Myanmar and have at least one
grandparent from the accepted indigenous races; descended from individuals who made Myanmar
their permanent home for two generations where the individual and their parents were all born in
Myanmar; or born within Myanmar after the 4th January 1948 and have at least one parent who is a
citizen.42 This act also permitted applications for citizenship through the process of “naturalisation” if
they had lived in Myanmar for five years prior to their application; this facilitated a route to citizenship
if they were not eligible under the main four provisions of the 1948 Act. However, the 1948 Citizenship
Act was repealed in 1982 to create a more restrictive law founded upon three tiers of citizenship: Full,
Associate and Naturalised, which afford varying degrees of entitlements.
3.4 The 1982 Citizenship Act: Eligibility & 8 key provisions which protect the “right to health”
The eligibility criteria for citizenship under Myanmar’s 1982 Citizenship Act43 is segregated into three
tiers:44
Tier One: Full Citizenship
Available to: Nationals of 135 named ethnic groups who settled in Myanmar before 1823 (the
start of the British colonisation of Rakhine State). Valid groups include the Kachin, Kayah,
Karan, Chin, Burman, Rakhine and Shan
38
International Crisis Group, Myanmar: The Politics of Rakhine State (2014) Asia Report No. 261
M Walton, ‘Myanmar Needs a New Nationalism’ (2013) Asia Times Online
40 Human Rights Watch (HRW), “All You Can Do is Pray”: Crimes Against Humanity and Ethnic Cleansing of Rohingya Muslims
in Burma’s Arakan State (2013)
41 Human Rights Watch (HRW), “All You Can Do is Pray”: Crimes Against Humanity and Ethnic Cleansing of Rohingya Muslims
in Burma’s Arakan State (2013); Fortify Rights, Policies of Persecution: Ending Abusive State Policies Against Rohingya
Muslims in Myanmar (2014)
42 International Crisis Group, Myanmar: The Politics of Rakhine State (2014) Asia Report No. 261
43 Myanmar Citizenship Law (1982)
44 Burma Campaign, Burma’s Treatment of the Rohingya and International Law (2013)
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