Country Position Paper: Statelessness in Myanmar or registration on the “household list” take on a particular significance that impact future generations and create multiple barriers in accessing citizenship documents. High levels of institutionalised corruption, discrimination and arbitrary decision-making throughout the administrative system create further barriers to registration. 31 Those without identity documents in Myanmar are not able to enjoy freedom of movement within the country and face barriers to accessing other rights and benefits associated with citizenship. Undocumented people living in the conflict or border areas of the country where checkpoints and immigration checks are prevalent, are particularly vulnerable to arbitrary fines, arrest and detention. Legal Certainty and Rule of Law There is a lack of clarity and consistency in the administrative processes relating to citizenship, resulting in arbitrary, corrupt and uneven decision making. Decisions are often affected by the area in which the application is submitted, and the individual officials involved. Officials exercise broad discretion, which often results in an increase in the evidential requirements for citizenship, increased barriers and discrimination. There are sometimes very long delays in the decision-making process relating to citizenship documentation, with some cases pending indefinitely. There are no mechanisms or procedures set up to appeal against negative administrative decisions on citizenship or delays. Registration and documentation processes often involve payments of “unofficial fees”, the cost of which can be prohibitive resulting in a lack of access to registration, identity documents and citizenship. Corruption is prevalent throughout Myanmar’s government departments 32 and there is often a high correlation between the use and scale of bribes and persecution and discrimination. 33 Myanmar has a recent history of arbitrarily removing and destroying identity documents held by members of minority opposition groups, and the political opposition. 34 Further, political opposition, ethnic minorities and journalists are often detained on charges relating to indiscretions in registration procedures or immigration charges. 35 The UN Independent International Fact-Finding Commission concluded that state practices relating to citizenship acquisition for Rohingya: Institute of Statelessness and Norwegian Refugee Council, Navigating without a map: access to civil documents and citizenship in south east Myanmar, forthcoming 2019 (draft report available on file with Institute of Statelessness and Inclusion) 32 Myanmar ranked 132 out of 180 countries on Transparency International’s 2018 Corruption Perception Index https://www.transparency.org/country/MMR 33 Burma 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 Fortify Rights, Policies of Persecution: Ending Abusive State Policies Against Rohingya Muslims, 2014 https://www.fortifyrights.org/downloads/Policies_of_Persecution_Feb_25_Fortify_Rights.pdf NRC et al, 2018. 34 “The confiscation of identity cards has also been used by the authorities as a means of harassment of recognised citizens.” Para 136 Report of the Special Rapporteur on the Human Rights Situation in Myanmar, 1997, see also para 136-142 available here: https://www.ibiblio.org/obl/reg.burma/archives/199711/msg00193.html 35 Assistance Association for Political Prisoners (Burma), April 2018 report stated, “It is important to note that vague laws relating to drugs and immigration offences have often been used as tools to clamp down on people for their involvement in political activities.“ Available: http://burmacampaign.org.uk/media/AAPP-Apr-2018.pdf 31 9