Country Position Paper: Statelessness in Myanmar
applications are viewed with increasing suspicion and are scrutinised in the context of documenting
Rohingya populations. 51
Muslim minorities elsewhere in Myanmar
Muslims from other areas of Myanmar lack adequate documentation and are increasingly at risk of
statelessness. Myanmar Muslims report systematic refusals and indefinite delays in the issuance of
identity cards and passports 52 as well as discrimination against the Myanmar Muslims migrant
workers who need to have their citizenship verified by the Myanmar State in order to regularise their
status in neighbouring countries, such as Thailand. 53 Muslims in Myanmar are also registered, or
coerced into registering, under the category “mixed race” or ethnic categories that denote them as
or foreign, such as “Bengali”, “Pakistani” or “Indian”. They report being subjected to longer delays
and greater obstacles in citizenship applications, as well as being forced to pay higher bribes than
other (non-Muslim) applicants. Additionally, some are harassed by Myanmar Intelligence officers as
a result of applications. 54
Persons of mixed ethnic or religious parentage
Those who are of mixed ethnic parentage are at risk of statelessness. Often, they do not fit into the
rigid ethnic criteria set out in the citizenship law which does not always reflect demographic realities
or self-ascribed identities within the country. As a result, those of mixed ethnic or religious parentage
frequently have ethnic categories imposed on them by state authorities that exclude them from
access to full citizenship. 55 Those who have at least one parent who does not belong to one of the
recognised national ethnic groups of Myanmar do not qualify for automatic citizenship. Although
children with a parent who is a citizen not belonging to the national ethnic groups can, in certain
circumstances, apply for citizenship, in practice they often do not receive it due to poor or
discriminatory implementation of the law. 56
Internally Displaced Persons (IDPs), IDP returnees and ethnic minorities living in areas
affected by conflict with the central state
There are at least 350,000 IDPs in Myanmar. Most IDP populations are in camps in Kachin State and
Northern Shan State where they have been displaced by the conflict between armed opposition
groups and the central State 57; and Rakhine State where Rohingya, Kaman and other minority groups
ICG, Myanmar: The Politics of Rakhine State, 2015 p10 https://www.crisisgroup.org/asia/south-east-asia/myanmar/myanmar-politicsrakhine-state
52
Nyi Nyi Kyaw, 2015, Alienation, Discrimination, and Securitization: Legal Personhood and Cultural Personhood of Muslims in Myanmar,
The Review of Faith & International Affairs, 13:4, 50-59
Buma Human Rights Network, State-led Persecution of Burma’s Muslim Minorities, 2017 http://www.bhrn.org.uk/en/report/20-bhrnpublishes-research-revealing-state-led-persecution-of-burma-s-muslim-minority.html;
Burma Human Rights Network, Discrimination against Muslim Passport Applicants, 2018 http://www.bhrn.org.uk/en/report/1051-bhrnreleases-report-on-discrimination-against-muslim-passport-applicants.html
53
Burma Human Rights Network, Burma Reinforces Muslims’ Statelessness as Thai Migrant Registration Deadline Looms, 2018
http://www.bhrn.org.uk/en/report/1052-burma-reinforces-muslims-statelessness-as-thai-migrant-registration-deadline-looms.html
54
ibid
55
Than Toe Aung, Identity Crisis, Frontier Myanmar, 2019 https://frontiermyanmar.net/en/identity-crisis
Sai Latt, Burma’s Ominous Political Debate over ethnicity, 2013 https://www.irrawaddy.com/opinion/guest-column/burmas-ominouspolitical-debate-over-ethnicity.html
Thomas Manch, For Muslims across Myanmar Citizenship Rights are a Legal Fiction, 2017 https://frontiermyanmar.net/en/for-muslimsacross-myanmar-citizenship-rights-a-legal-fiction
56
ISI and NRC 2019
57
UNOCHA, Kachin and Norther Shan Humanitarian Access Snapshot, 2018
https://reliefweb.int/sites/reliefweb.int/files/resources/Kachin_Shan_Humanitarian_Access_Snapshot_20180709.pdf
51
13