Background 34 not exist and we will not accept it.”18 In a Facebook post on September 2, 2017, at the height of the military’s attacks against Rohingya civilians, Senior General Min Aung Hlaing stated that “the Bengali problem was a longstanding one which has become an unfinished job despite the efforts of the previous governments to solve it.”19 Senior General Min Aung Hlaing also stated that the Rohingya “do not have any characteristics or culture in common with the ethnicities of Myanmar,” and went on to say that the current conflict was “fueled because the Bengalis demanded citizenship.”20 Prior to the 1982 Citizenship Law, Rohingya had access to citizenship in Myanmar, and Myanmar’s first government following independence in 1948 under the leadership of Prime Minister U Nu recognized the Rohingya as indigenous to Myanmar.21 1947-1981: EARLY EFFORTS TO RESTRICT ROHINGYA CITIZENSHIP The Government of Myanmar, previously known as Burma, first initiated a process to identify and recognize its citizens in 1949, shortly after the country gained independence from the United Kingdom in 1948.22 The 1947 Constitution and the 1948 Union Citizenship Act based citizenship on ethnic identity, but also provided citizenship to any person “descended from ancestors who for two generations at least” resided in Myanmar and anyone “whose parents and himself were born in any of such territories.”23 The government at the time required individuals seeking citizenship to register through the Residents of Burma Registration Act.24 Successful applicants, who registered under the Act, received National Registration Cards (NRCs), which provided de facto citizenship.25 After 1962, when Myanmar underwent a military coup, Rohingya claim that it became increasingly difficult to obtain NRCs, even for those who met the criteria for citizenship under the existing laws.26 In the 1970s, the Myanmar government issued Foreign Registration Cards (FRC) to some Rohingya, identifying them as “foreigners” residing in Myanmar.27 18 “Burma: Military Chief Denies Existence of ‘Rohingya’ Term,” Asian Correspondent, May 16, 2016, https://asiancorrespondent.com/2016/05/burma-military-chief-denies-existence-of-rohing ya-term/ (accessed August 23, 2019). 19 Michael H. Fuchs, “It’s Time to Hold Myanmar Accountable,” Foreign Policy, August 31, 2018, https://foreignpolicy. com/2018/08/31/its-time-to-hold-myanmar-accountable/ (accessed August 23, 2019). Also quoted in U.N. Human Rights Council, Report of the Detailed Findings of the Independent International Fact-Finding Mission on Myanmar, p. 8. 20 Poppy Elena McPherson and Simon Lewis, “Exclusive: Myanmar Rejects Citizenship Reform at Private Rohingya 21 “Burma: Military Chief Denies Existence of ‘Rohingya’ Term,” Asian Correspondent. This report uses the terms Talks,” Reuters. “foreigners” or “foreign nationals” only when referencing ways in which Myanmar authorities have characterized Rohingya. For years, the Myanmar government have asserted that the Rohingya do not exist as a people or as an ethnic group in Myanmar. The NVC process is a part of this “othering” process. For more on how Myanmar has denied the Rohingya identity, see, Yale Law School and Fortify Rights, Persecution of the Rohingya Muslims. 22 Nyi Nyi Kyaw, “Unpacking the Presumed Statelessness of Rohingyas,” Journal of Immigrant and Refugee Studies, Vol. 15, 23 Burma Union Citizenship Act, Act No. LXVI, 1948 (amended December 1, 1960), Art. 4(2). No. 3, August 25, 2017, p. 276. 24 José María Arraiza and Olivier Vonk, European University Institute, Report on Citizenship Law: Myanmar, October 2017, p. 6, https://cadmus.eui.eu/bitstream/handle/1814/48284/RSCAS_GLOBALCIT_CR_2017_14.pdf?sequence=1 (accessed August 23, 2019). 25 Nyi Nyi Kyaw, “Unpacking the Presumed Statelessness of Rohingyas,” p. 276; Natalie Brinham, “Looking Beyond Invisibility: Rohingyas’ Dangerous Encounters with Papers and Cards,” Tilburg Law Review, Vol. 24, No. 2, July 2, 2019, pp. 156–169, https://tilburglawreview.com/article/10.5334/tilr.151/# (accessed August 23, 2019). 26 Human Rights Watch, Burma: The Rohingya Muslims. 27 UNHCR, Citizenship and Statelessness Myanmar: An Analysis of International Standards and the Myanmar Citizenship Legal Framework.