citizenship categories. Laws existing before 1982 are relevant to determining if a
person or their family members were considered as citizens prior to the enactment of
the 1982 Law. The relevant ones include provisions of the 1947 Constitution, the
1948 Citizenship Act and the 1974 Constitution.72
The 1982 Law grants “associate” and “naturalized citizens” the rights of full citizens
“with the exception of the rights stipulated from time to time by the (President or
Union Government).”73 In addition to this qualification of their rights under the 1982
Law, and the limitations on their rights included in the Constitution, a range of
grounds are included for possible revocation of their citizenship. Section 8(b) permits
the revocation of “associate” or “naturalized citizenship” “in the interests of the
State.” More specific grounds for revocation of citizenship include failure to provide a
written pledge of allegiance to the State,74 “showing disaffection or disloyalty to the
State by any act or speech or otherwise”,75 or “committing an offence involving moral
turpitude…” 76 Revocation of citizenship may also accompany sentencing upon
conviction for certain criminal offences prescribed in the 1982 Law (see below). In
comparison, for persons who have lawfully obtained full citizenship, the only grounds
for citizenship revocation are if the person takes citizenship of another country.77
Unlike the 2008 Constitution, the 1982 Law explicitly excludes, or contemplates the
exclusion of, certain individuals from qualifying for any citizenship. Exclusions are
generally, although not uniformly, subject to administrative discretion wielded by
authorities at various levels. This can include, in circumstances prescribed in law, the
child of a citizen and a non-citizen, 78 and the adopted child of citizens if the birth
parents are non-citizens. 79 Persons who have been a citizen or would otherwise
qualify for citizenship but have taken citizenship of another country have no right to
reapply for citizenship.80 Marriage to a Myanmar citizen does not qualify a foreigner
for citizenship; 81 conceptually, use of the term “naturalization” in Myanmar law is
somewhat misleading, as there are limited, if any, pathways for foreigners to gain
citizenship, unlike in many other jurisdictions.
Criminal offences and penalties
The 1982 Law and its 1983 procedures define certain criminal offences, and set out
severe penalties upon conviction, including, for example, 10 years’ imprisonment and
a fine for failure to surrender a cancelled certificate of citizenship, 82 or 15 years’
imprisonment and a fine for forgery. 83 Section 18 of the Law stipulates criminal
penalties and revocation of citizenship for persons who are considered to have
“acquired citizenship by making a false representation or by concealment.” This can
only apply to persons not considered as a “citizen by birth.” 84 Persons who have
lawfully acquired full citizenship are exempt from criminal penalties, except if they
abetted a crime.85 A range of other criminal penalties may apply only to “associate”
and naturalized citizens; 86 as noted, these can be imposed alongside revocation of
citizenship. Non-citizens may also be subject to criminal penalties under the 1982 Law
and its procedures, as well as under other applicable laws. 87 In cases involving an
alleged criminal offence, the 1982 Law and its procedures reaffirm the role of the
judiciary,88 and the applicability of the Code of Criminal Procedure89 (note: section 71
of the 1982 Law may affect a prosecution or appeal).90
Decision-making and appeals
Chapter 7 of the 1982 Law allows persons to appeal a decision of the Central Body
regarding citizenship 91 to the Union Government (formerly “Council of Ministers”).92
Various authorities at multiple levels of government also play roles in the appeal
process, mainly by exercising procedural functions of an administrative nature, such
as by receiving and processing appeal applications. 93 Under Chapter 5 of the 1983
procedures, an application to appeal a decision of the Central Body can be lodged with
local authorities, who are responsible to transmit this to the Union Government.
Section 71 of the 1982 Law states that “no reason need be given by organizations
invested with authority under this Law in matters carried out under this Law.” The
Law also states that a Union Government’s decision regarding a citizenship matter “is
final”, thus notionally exempt from judicial review, according to the common
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