Issuance of personal identity documentation in Myanmar In 1995, the Myanmar government instituted a policy that would allow stateless Muslim residents of northern Rakhine State to acquire personal identity documents. The authorities began to provide this population with white “Temporary Registration Certificates” (TRCs) and the issuance of these documents has been an ongoing process since. Efforts were stepped up in 2007 thanks to logistical support from UNHCR.170 The issuance of a TRC confirms the lawful residence of the holder in northern Rakhine State. As such, the possession of a TRC may help to confirm the individual’s eligibility for citizenship if the authorities change their policy on access to nationality for this population in the future. In the meantime, the certificates may help to improve the holders’ legal status and stabilize their situation. The document facilitates the enjoyment of a number of rights for which proof of identity is necessary. For instance, the TRC is crucial for gaining a marriage license or travel authorisation. TRCs also formed the basis for eligibility to participate in certain political processes, including the right to vote in national elections.171 While identity documents are key to exercising rights within a state’s borders, international travel can also play a part in the enjoyment of rights – for instance, where appropriate medical care can only be found abroad. Travel documents then become a necessity. The difficulty encountered by stateless persons is that travel is generally facilitated by a passport issued by the country of nationality. Without travel documents, stateless persons may resort to the use of irregular migration channels. As such they become especially vulnerable to being trafficked.172 The provision of a passport or other travel document to a stateless person is therefore one of the special measures that states need to pursue in recognition of the particularities of their situation.173 This is not only in the interest of individuals in terms of promoting the protection of rights, it can also help to combat transnational crime. Several countries have provided for precisely this possibility. In Brunei Darussalam, stateless permanent residents are issued with a so-called “International Certificate of Identity” (ICI) which allows them to travel abroad and return to the country.174 The Passport Act of the Philippines also provides for the issuance of a travel document, in lieu of a passport, to a stateless person who is a permanent resident.175 Meanwhile, in both Malaysia and Thailand there have been reports of cases in which special passports have been issued in order to facilitate the travel of stateless individuals.176 170 At the time of printing, the number of TRC holders was estimated to be around 385,000 people. Myanmar: UNHCR promotes first significant steps towards citizenship for disenfranchised minority, UNHCR News Story, 23 July 2007; Human Rights Watch, Perilous Plight: Burma’s Rohingya take to the seas, 2009; US Department of State, 2008 Country Reports on Human Rights Practices – Burma, 25 February 2009; UNHCR, UNHCR Global Report 2008 – Myanmar, June 2009; US Department of State, 2009 Report on International Religious Freedom – Burma, 26 October 2009; US Department of State, 2009 Country Reports on Human Rights Practices – Burma, 11 March 2010. 172 For example, a UNESCO study of trafficking patterns in Thailand showed that lack of nationality was the factor which contributed most to the risk of trafficking among members of hill tribe communities. Y. Lertcharoenchok, “Searching for Identity” in Step-by-step, Newsletter of the UN Inter-Agency Project on Trafficking in Women and Children in the Mekong sub-region, Issue 5, 2001; D. Feingold, “UNESCO promotes Highland citizenship and birth registration to prevent human trafficking” in FOCUS, UNESCO Bangkok Newsletter, Issue 8, 2006. 173 The 1954 Convention relating to the Status of Stateless Persons established a legal framework for the issuance of travel documents to stateless persons and for their mutual recognition by states so that travel can be facilitated in practice. See article 28 and the Schedule of the 1954 Convention relating to the Status of Stateless Persons. 174 The ICI format follows international standards for travel documents and a foreign visa can be entered on the certificate. Previously, the ICI listed the holder as “stateless” in the section reserved for status of citizenship. Since 2003 however, this section now indicated the holder to be a Permanent Resident of Brunei Darussalam, a change brought in to further facilitate travel by avoiding confusion with immigration authorities elsewhere. US Department of State, 2008 Country Reports on Human Rights Practices – Brunei Darussalam, 25 February 2009; US Department of State, 2009 Country Reports on Human Rights Practices – Bruenei Darussalam, 11 March 2010; As cited in Parents blamed for ‘stateless’ children, The Brunei Times [Brunei Darussalam], 23 March 2010. 175 Section 13 (2) of the Philippine Passport Act of 1996. 176 Citizenship for 91-year-old, The Star Online [Malaysia], 9 August 2010; Origami champion, 12, captures Thai hearts, The Independent on Sunday [United Kingdom], 5 September 2009; Stateless boy gets OK to travel to Japan for contest, The Japan Times [Japan], 5 September 2009. 171 26