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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