This brief is based on legal and qualitative research conducted in Myanmar between 2017 and 2020. A forthcoming report by the Institute on Statelessness and Inclusion (ISI)1 is due to be published in August 2021 titled: ‘Navigating without a map: Access to citizenship documents in Myanmar’. The research focuses on experiences of arbitrariness2 and discrimination in accessing citizenship documents in Myanmar. At this critical time in Myanmar, in the aftermath of the February 2021 military coup d’etat, important conversations have opened up within Myanmar and among diaspora and exiled people, about equality and inclusion in a future federal democracy. Envisaging a fair and inclusive Citizenship Law is a central component in this process of Citizenship Law on people across Myanmar. It has been drafted with the Myanmar peoples’ struggle for peace and justice in mind, in the hope that it will contribute in a small way towards re-imagining of a more equal and inclusive future. WHY IS A NEW CITIZENSHIP LAW IMPORTANT IN ESTABLISHING A FEDERAL DEMOCRACY? A future citizenship law in Myanmar should be conclosely connected to the question of equitable federal power-sharing and democracy. A new Myanmar Citizenship Law should protect the individual right to nationality, meet international standards of non-discrimination, non-arbitrariness etc. and should also complement the wider political vision of a democratic Myanmar. The success of federal democracies depends largely on the balance that is found and preserved between the individual, the state government and the federal government. In this balance, the question of nationality is something which should be seen as a unifying factor for the whole country, connecting the residents of all states under a and celebrates Myanmar’s diversity. The forthcoming research report shows that citizenship based on ethnic criteria has compounded inequalities and increased ethnic divides. The entrenching of nationality along ethnic lines in a federal system can also be counter-productive and raises on-going concerns from a non-discrimination perspective. Successful citizenship frameworks for fed- 2 eral democracies, including in states that have diverse ethno-religious make-ups, use objective criteria for citi- WHO IS DISCRIMINATED AGAINST UNDER THE CURRENT CITIZENSHIP FRAMEWORK IN MYANMAR? lack of access to citizenship and citizenship documents impacted people of all backgrounds across Myanmar. people in the border areas. Discrimination resulted from both the Citizenship Law itself and from the inconsistent and discriminatory way the citizenship rules have been applied. Some people were excluded directly through the law and others by corrupt, opaque and discriminatory administrative practices. According to research, the following groups were more likely to be denied citizenship documents: • • • • Minority groups who are not included in the list of 135 ‘national ethnic groups’. This includes, but is not limited to, Rohingyas, Gurkhas, Tamils and ethnic Chinese. Myanmar Muslims, Hindus, speakers of Bengali or Indian dialects and persons of South Asian appearance. Persons of mixed ethnic or religious parentage. Members of Ethnic Armed Organisations (EAOs) and civilians • IDPs and IDP returnees. Former refugees who have returned to Myanmar from neighbouring countries. Disabled persons including those with mental disabilities. Persons from rural areas with limited • Women and girls in vulnerable situations. • • • ¹ Institute on Statelessness and Inclusion is an independent non-profit organisation committed to an integrated, human rights based response to the injustices of statelessness and exclusion through a combination of research, education, partnerships and advocacy. ² Arbitrariness describes decision-making that is based on personal discretion, without due regard to legal standards, rules or principles. In order to not be arbitrary, a decision must be made with a legitimate purpose, provided by law, necessary, proportionate, non-discriminatory and in accordance with procedural safeguards.