2022
Statelessness & Citizenship Review
4(2)
Canberra, in the Commonwealth of Australia (‘Australia’) sent seven documents
to the Department of Foreign Affairs and Trade of Australia, stating that the SAC
had declared the passports of about 70 people null and void, even though it was
not certain all the people in question were outside of Myanmar at that time of
notification, let alone in Australia.11 Further, even if any of the targeted people
were in Australia, it was unclear if they had left Myanmar permanently and/or had
acquired Australian citizenship and passports.
In issuing denationalisation orders in March and April 2022, the SAC did not
provide any evidence of the 33 people having met the conditions of leaving
permanently or acquiring other citizenship, which was required for stripping them
of Myanmar citizenship. One could argue that the use of the 1982 Law by the SAC
in this case was impulsive and arbitrary.
‘ANTI-TERRORISM’ LAWFARE AGAINST RESISTANCE IN MYANMAR
The Myanmar military overthrew the democratically elected and re-elected 12
National League for Democracy (‘NLD’) party government on 1 February 2021
in a coup a few hours before the new parliament convened. Most, if not all, of the
NLD leadership, including President Win Myint and State Counsellor Aung San
Suu Kyi, were detained. A few days later, hundreds of thousands of Myanmar
people, including elected NLD representatives, activists and other dissidents, took
to the streets in protest against the coup. This included a general strike of public
sector employees, called the Civil Disobedience Movement (‘CDM’)13 that aimed
to paralyse the bureaucracy. The protests and the CDM came to be known as the
Spring Revolution and the Revolution became an armed resistance on 5 May 2021,
declaring a war of self-defence on 7 September 2021.
11
12
13
Stephen Dziedzic, ‘Myanmar Junta Cancels Passports of High-Profile Opponents and Shadow
Government Figures, Documents Show’, ABC News (online, 2 December 2021)
<https://www.abc.net.au/news/2021-12-03/myanmar-junta-cancels-passports-of-highprofile-opponents/100669294>, archived at <https://perma.cc/64C2-AM43>. Within
Myanmar, citizens have to produce their national IDs, known as Citizenship Scrutiny Cards,
as proof of evidence of citizenship, but it is passports that are evidence of Myanmar
nationality for people outside the country. Hence, declaring passports of Myanmar citizens
null and void is effectively denationalisation.
The National League for Democracy (‘NLD’) won both general elections held in November
2015 and November 2020 in a landslide. Although the military did not dispute the result of
the 2015 elections, it alleged that there was huge systemic fraud in the 2020 elections, in spite
of international and local independent observers’ conclusions that the polls were free and fair
to a satisfactory level: see, eg, PACE Myanmar, 2020 Global Elections Observation Report
(Report, 16 March 2020); Asian Network for Free Elections, The 2020 Myanmar General
Elections: Democracy Under Attack (Report, 2021).
On a broader understanding, boycotts of goods and services produced by military-owned and
linked enterprises by ordinary citizens, who are neither public servants nor private sector
employees, also form part of the Civil Disobedience Movement (‘CDM’). In the early days
of the CDM, several thousand employees of enterprises and businesses in the private sector
also joined the CDM. However, public servants are the core of the CDM.
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