implementing this and related recommendations to address discrimination.24 To date, there has been no demonstrable progress to initiate a review, or reform, of the Law.25 The UN Security Council, General Assembly and Human Rights Council continue to call upon Myanmar to address discrimination, including through reviewing the 1982 Law.26 In 2014, Tomás Ojea Quintana, the then Special Rapporteur on the human rights situation in Myanmar,27 noted that “For more than 20 years, holders of the special procedures mandate on the situation of human rights in Myanmar have been advocating reform of the 1982 Citizenship Act.”28 Human rights concerns arising from the discriminatory citizenship arrangements extend across the country. Many actors – including the ICJ – have rightly highlighted the situation of Rohingya Muslims, who the State generally does not recognize as citizens, and whose situation, as a result, is an egregious example of the damaging impact of the 1982 Law and particularly of its discriminatory application. 29 At the same time, numerous other ethnic and religious groups – including but not limited to persons of Indian, Chinese, Nepali and Pashtu descent – are also not considered as “nationals,” and as a result typically do not enjoy rights otherwise afforded under the Constitution and international human rights law to citizens. Changes to political and economic arrangements in Myanmar since 2011 have further illuminated problematic outcomes linked to the legal framework for citizenship. More than 25 percent of persons enumerated in the nationwide 2014 Census lack a documented legal identity.30 The status of those returning to Myanmar after periods abroad as refuges or migrants is so far unresolved. The number of marriages between citizens and non-citizens, and between citizens of different ethnicities, raises complex questions, including for the children of these unions. The high prevalence of persons with an unclear or insecure legal status poses challenges for businesses considering investments in employment-generating industries. Proposals for an electronic population registry, linked to the issuance of “smart ID cards”, are under consideration: this may provide an opportunity to institute reforms to address discrimination; yet without requisite legal reforms, this initiative may entrench the current system, and there is not yet any indication that associated law reform is being considered.31 Despite the widespread harmful impacts of the highly discriminatory and arbitrary legal framework for citizenship in Myanmar, law reform remains highly contentious. Studies suggest significant differences between the perceptions of Buddhist and nonBuddhist residents toward the relationship between religion and citizenship. 32 And while many civil society actors and members of think tanks and legal scholars have told the ICJ that there is a need to reform both concepts and laws related to citizenship, many are reluctant to speak out publicly on the issue for fear of backlash, and so far no significant political or social movement has taken this on as an issue.33 3. Applicable international human rights law and standards 3.1 Myanmar’s international human rights law obligations Like all States, Myanmar has duties under international human rights law to respect, protect and fulfill the human rights of all persons in its territory or otherwise within its jurisdiction, without discrimination on any grounds, including citizenship or migration status. Myanmar is party to four of the principal international human rights treaties: the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); the Convention on the Rights of the Child (CRC); the Convention on the Rights of Persons with Disabilities (CRPD); and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These treaties enshrine international law obligations binding on Myanmar, and the treaty bodies monitoring implementation of each of these treaties interpret and provide guidance on their provisions, including through the adopting of concluding observations and general comments. Many of the rights reflected in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) form part of general 5