7
See for example: Smile Education and Development Foundation (SMILE), “Assessing the
risks of statelessness for religious minorities in Myanmar,” 2016; Advisory Commission on
Rakhine State (citation above), pp. 5-6; SMILE and Justice Base, “Access to
documentation and risk of statelessness,” 2017. UNHCR, “FAQs on Citizenship and Access
to Civil Documentation in Myanmar,” 2017, pp. 5-6; UNHCR, “Citizenship and
statelessness in Burma: an analysis of international standards and the Myanmar
citizenship legal framework,” 2018; Burma Human Rights Network (BHRN), “Discrimination
and Corruption Plague the Burmese Passport System,” 2018; UNHCR, UN Women;
Norwegian Refugee Council (NRC), the Statelessness Network Asia Pacific, Institute on
Statelessness and Inclusion, The Seagull, “A gender analysis of the right to a nationality in
Myanmar,” 2018, pp. 14-34; Independent International Fact-Finding Mission on Myanmar,
“Report of the detailed findings of the Independent International Fact-Finding Mission on
Myanmar,” UN Doc. A/HRC/39/CRP.2 (17 September 2018), paras. 481-98;
Burma/Myanmar UPR Forum, “Universal Periodic Review Second Cycle (2015 – 2020) MidTerm Report,” 2018, pp. 12-13.
8
Advisory Commission on Rakhine State, (citation above), page 31, recommendation 17.
This recommendation states in full: “While recognizing that the 1982 law is the current
basis for citizenship, the Commission recommends the Government set in motion a
process to review the law. As part of such a review, the Government might wish to
consider the following: Aligning the law with international standards and treaties to which
Myanmar is a State Party, including Articles 7 and 8 of the Convention on the Rights of the
Child; Bringing the legislation into line with best practices, including the abolition of
distinctions between different types of citizens; That as a general rule, individuals will not
lose their citizenship or have it revoked where this will leave them stateless; Enabling
individuals who have lost their citizenship or had their citizenship revoked to reacquire it, if
failing to do so would leave them stateless; Finding a provision for individuals who reside
permanently in Myanmar for the possibility of acquiring citizenship by naturalisation,
particularly if they are stateless; Re-examining the current linkage between citizenship and
ethnicity; Within a reasonable timeline, the Government should present a plan for the start
of the process to review the citizenship law. The Government should also propose interim
measures to ensure that – until new or amended legislation is in place – existing
legislation is interpreted and applied in a manner that is non-discriminatory, in line with
international obligations and standards and based on an assessment of how today’s needs
have changed compared to the conditions prevailing in 1982. The law should be reviewed
to ensure the equitable treatment of all citizens.”
9
Global New Light of Myanmar (GNLM), “Pyidaungsu Hluttaw approves motion to form
Joint Committee to implement steps to amend Constitution,” 7 February 2019, pp. 2.
10
1983 Citizenship Procedures (with respect to full citizenship), Notification 13/83. 1983
Citizenship Procedures (with respect to associate citizenship), Notification 14/83. 1983
Citizenship Procedures (with respect to naturalized citizenship), Notification 15/83.
11
As per section 146 of the 1974 Constitution, which conferred authority to the
government to prescribe all laws with respect to citizenship. Section 76 of the 1982
Citizenship Law repealed the 1948 Union Citizenship (Election) Act and the 1948 Union
Citizenship Act.
12
Burma Socialist Program Party Chairman U Ne Win’s address at the seventh meeting of
the Central Committee, in The Working People’s Daily, vol. XIX, no. 275, 9 October 1982.
For a more extensive quotation and analysis, see: UNHCR, (citation above), 2018.
13
1997 Law Amending the Myanmar Citizenship Law, The State Peace and Development
Council Law No 4/97.
14
The Presidency is an elected office, via election by the Presidential Electoral College.
2008 Constitution of the Republic of the Union of Myanmar, section 60.
15
See for example: Aye Nai, “Suu Kyi calls on citizenship law to be revised,” Democratic
Voice of Burma, 17 April 2013.
16
In 2012, the Government rolled out a scheme to provide identity cards to persons
recognized as members of a “national race,” who previously lacked official documentation
due to complex dynamics and associated governance arrangements in conflict-affected
areas. Two sources with close knowledge of the process in southeast told the ICJ this was
an informal consequence of ceasefire arrangements between the Government and the
Karen National Union, an Ethnic Armed Organization (ICJ discussions in Yangon, in May
and June 2019). See also: Saw Yan Naing, “Karen IDPs Granted ID Cards,” 29 May 2012,
The Irrawaddy.
18