Myanmar “to expedite efforts to eliminate statelessness and the systematic and
institutionalized discrimination against members of ethnic and religious minorities, in
particular against the Rohingya, by, inter alia, reviewing the 1982 Citizenship Law, which
has led to violations of human rights; restoring full citizenship through a transparent,
voluntary and accessible procedure and guaranteeing all civil and political rights;
recognizing self-identification; and amending or repealing all discriminatory legislation and
policies…”
27
Tomás Ojea Quintana is an Argentinian lawyer who was Special Rapportuer on the
situation of human rights in Myanmar, between 2008 and 2014.
28
Report of the Special Rapporteur on the situation of human rights in Myanmar, Tomás
Ojea Quintana, UN Doc. A/HRC/25/64, para 44 (2 April 2014).
29
The ICJ’s extensive reporting on the situation of Rohingya, includes: “Refugees from
Myanmar: a study by the ICJ, Switzerland,” October 1992, https://www.icj.org/wpcontent/uploads/1992/10/Myanmar-refugees-thematic-report-1992-eng.pdf;
“Andaman
Sea humanitarian crisis demands regional response centered on human rights,” 27 May
2015, https://www.icj.org/andaman-sea-humanitarian-crisis-demands-regional-responsecentered-on-human-rights/; “14 general recommendations to the new Government and
Parliament,” June 2016, pp. 26-27, https://www.icj.org/myanmar-new-government-mustprioritize-rule-of-law-and-respect-for-human-rights/; “Briefing Note: Questions and
Answers
on
Human
Rights
Law
in
Rakhine
State,”
November
2017,
https://www.icj.org/myanmar-rule-of-law-must-drive-responses-to-rohingya-crisis/;
“‘Terrorist’ list publications defy rule of law principles and put lives at risk,” 25 January
2018, https://www.icj.org/myanmar-terrorist-list-publications-defy-rule-of-law-principlesand-put-lives-at-risk/; “ICJ submits Amicus Curiae Brief to International Criminal Court,”
19
June
2018,
https://www.icj.org/icj-submits-amicus-curiae-brief-to-internationalcriminal-court/; see more at: www.icj.org/country/asia-pacific/southeast-asia/myanmar.
30
Myanmar Census (citation above), pp. 207-210.
31
The Ministry of Labour, Immigration and Population reportedly seek USD 390 million for
an electronic population registry & "smart ID cards." The ICJ also understands that the
Government has discussed this project with potential financiers/lenders. See: GNLM, “If
there any issue arises regarding to repatriation, we will resolve it through diplomatic
channel: Permanent Secretary U Myint Thu,” 12 November 2018, pp. 4; Kyaw Myo,
“Parliament Pushes for Identity Cards to be Issued to IDPs,” 10 May 2019, The Irrawaddy.
32
Bridget Welsh and Kai-Ping Huang, “Myanmar’s Political Aspirations & Perceptions 2015
Asian Barometer Survey Report,” Center for East Asia Democratic Studies, National Taiwan
University, Strategic Information and Research Development Centre, 2016, pp. 48-53. The
Yangon School of Political Science (YSPS) implemented the survey.
33
Although there have been many discreet related public advocacy actions. For recent
examples, see: San Yamin Aung, “President Urged to Rid School Curriculum of
'Discriminatory' Language,” 27 December 2018, The Irrawaddy. BHRN, “Statement on
discrimination and coercion faced by minority groups in citizenship registration process,”
19 March 2019.
34
See for example: 1984 Naturalisation provisions of Costa Rica case, Inter-American
Court of Human Rights; 2005 Yean and Bosico v. Dominican Republic case, Inter-American
Court of Human Rights.
35
The 1954 Convention relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness further provide international standards,
including safeguards for national jurisdictions to avoid statelessness.
36
This includes CRC Article 3 (1) In all actions concerning children, whether undertaken by
public or private social welfare institutions, courts of law, administrative authorities or
legislative bodies, the best interests of the child shall be a primary consideration. Article 8
states that: “(1) States Parties undertake to respect the right of the child to preserve his
or her identity, including nationality, name and family relations as recognized by law
without unlawful interference; and (2) Where a child is illegally deprived of some or all of
the elements of his or her identity, States Parties shall provide appropriate assistance and
protection, with a view to re-establishing speedily his or her identity.”
37
CRC, article 1.
38
See for example: CRC Committee, general comment No. 14, 2(c): “The Committee
emphasizes that the scope of decisions made by administrative authorities at all levels is
very broad, covering decisions concerning education, care, health, the environment, living
conditions, protection, asylum, immigration, access to nationality, among others.
20