Although the 1948 citizenship framework was more inclusive than the 1982 Citizenship Law, in order to ensure
equality in the current context, it is important that Myanmar moves forwards with a new framework that can
account for today’s demographic realities and international standards. A new law would also need to account
for events that have occurred since Myanmar’s indeproduction of refugees and a large diaspora over decades
and the arbitrary deprivation of nationality during military rule.
Important Issues for Discussion in Drafting
a New Citizenship Law
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Developing a new citizenship framework
through processes that are genuinely
inclusive.
Providing one equal citizenship for all.
Ensuring equality and nondiscrimination in citizenship acquisition.
Ensuring other international standards
are upheld including protections against
statelessness, protection against
arbitrary deprivation of nationality
and protection of other basic human
rights.
Ensuring that refugees from Myanmar,
former refugees and diaspora are
able to access citizenship in Myanmar.
Ensuring access to citizenship for those
who have been arbitrarily deprived
or denied citizenship under the 1982
Citizenship Law.
Ensuring those who lack evidence
of their right to citizenship due to
not disadvantaged in acquiring citizenship.
Creating fair rules of evidence and
transparent procedures, to maximise
access to citizenship.
Allowing for dual nationality to ensure
those living overseas and their children
can continue to contribute to Myanmar’s
future.
Including fair and transparent
naturalisation provisions for those
example through marriage or residence.
Establishing adequate transitionary and
bridging provisions to facilitate smooth
transition between the 1982 Law and its
replacement.
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