State power and identification schemes in Rakhine 87
The way forward was found whereby elective citizenship based on a mixture of settled status and loyalty was introduced into definitions. Thus, by
the time the constitution was drafted in July 1947, the definition of citizen
included those who were born in any part of the British ‘dominions’, had
lived in eight out of ten years in Burma (either from the date of independence
or from 1942 to allow for wartime evacuation), and who intended to make
Burma their permanent home (Union Citizenship Act 1948, Article 11). The
significance of the elective nature of citizenship can be underlined by the different choices made by Raschid and his brother Raul. The first, born in India
and raised in Burma, elected for Burmese citizenship and was a cabinet minister for 15 years until he was imprisoned following Ne Win’s military coup
in 1962. The second was born and raised in Rangoon, Burma but elected
Indian citizenship. He was a close colleague of Nehru and, serving under his
government in India, became Indian ambassador to Burma.62
Further concerns were raised regarding Burmese nationality by British administrators with regard to the treaty to be signed for the purpose of independence. After the assassinations of Aung San and his cabinet, there was a
rise in anti-British sentiment as popular opinion viewed the British as implicated in the assassinations. It soon became clear that Burma would not join
the Commonwealth.63 Without a commonwealth citizenship as a backup,
concerns were raised regarding potential statelessness and the protection of
those who may be dual nationals. The populations of concern were primarily
Anglo-Burmese who could be eligible for either Burmese or British citizenship, but as dual nationals may not be protected by British consular services.
Also of concern were the Burmese-Indians who could be entitled to either
citizenship or none depending on gaps between future citizenship laws.64 In
the end, Burma was to bar dual nationality for Burmese citizens (The Union
Citizenship (election) Rules 1948) and the treaty between UK and Burma
was, after much discussion, only to contain provision for a declaration of
alienage from Burma for those individuals who elect for British citizenship
but did not address the possibility of statelessness.65 Such rules against dual
nationality can contribute over time to statelessness since those who lose
rights to one nationality may also not be able to establish links to another
(European Network on Statelessness and Institute on Statelessness and Inclusion 2019).
This section has considered how discussions and negotiations relating to
borders and definitions of ‘Burmese nationals’ were to impact documentation
processes in the lead-up to independence. The next section turns to the ID
schemes after independence in Burma.
Early independence ID schemes: the construction of foreignness and
the multi-ethnic embrace
On 4 January 1948, Burma became independent from the UK. The updated
1864 Foreigners Act, the 1947 Emergency Immigration Act, and the 1940
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