Rohingya and other minorities, and to “eliminate statelessness and the systematic institutionalised discrimination…and create conditions necessary for the safe, voluntary, dignified and sustainable return of all refugees.” Ongoing violence in Rakhine state 30. In addition to the crimes perpetrated against the Rohingya, there is also ongoing violence in Rakhine State between the Tatmadaw and the Arakan Army (AA), a Rakhine armed group. Following the provisional order by the ICJ, fighting has continued to escalate in Rakhine and Chin states. Amnesty International has stated that the Rohingya find themselves “caught in an escalating armed conflict between the Myanmar military and the Arakan Army”.37 31. In April 2020, the AA and other ethnic armed groups, including the Arakan Rohingya Salvation Army, called for a month-long ceasefire in light of the COVID-19 pandemic. The Tatmadaw chose to ignore the ceasefire and have been launching air and artillery raids in civilian areas of Rakhine and Chin, killing adults and children.38 UN Special Rapporteur on the Situation of Human Rights in Myanmar, Yanghee Lee, accused the Tatmadaw of “inflicting immense suffering on the ethnic communities” and “systematically violating the most fundamental principles of international humanitarian law and human rights.”39 She stated that the Tatmadaw operates with impunity and employs tactics intended to maximise civilian suffering. She has called for an investigation into “possible war crimes and crimes against humanity ongoing in Rakhine and Chin states.”40 32. In the short span between March and June 2020, more than 30,000 people have been displaced as a result of ongoing violence. 174 people have been reported as killed and 229 wounded.41 The total number of internally displaced persons - the vast majority of which are Rohingya - in Myanmar has surpassed 130,000.42 Myanmar’s discriminatory 1982 Citizenship law 33. Statelessness is not just a problem in Myanmar’s North Rakhine State (where the majority of the Rohingya live). It is prevalent, though less visible, throughout the country. This is largely due to the arbitrary and discriminatory 1982 Citizenship Law and the manner in which it is applied. 34. The 1982 Citizenship Law Act was passed by the military government of General Ne Win, repealing the 1948 Union Citizenship Act and the 1948 Union Citizenship Election Act.43 The law grants citizenship based upon membership to “national races” and establishes a multi-tiered, hierarchical citizenship structure. Section 2 of the 1982 Citizenship Law defines three categories of citizens: ‘citizens’, ‘associate citizens’ and ‘naturalised citizens.’ Different rules apply to each category regarding transmission of citizenship, the circumstances in which citizenship can be revoked, and 37 Amnesty International, ‘Myanmar: Government fails to protect Rohingya after world court order’ (22 May 2020), available at https://www.amnesty.org/en/latest/news/2020/05/myanmar-government-fails-to-protect-rohingya-after-world-court-order/. 38 ‘UN Rapporteur Urges New Probe Into Possible Myanmar War Crimes’ Al Jazeera (29 April 2020), available at https://www.aljazeera.com/news/2020/04/rapporteur-urges-probe-myanmar-war-crimes200428072927948.html?utm_source=website&utm_medium=article_page&utm_campaign=read_more_links. 39 Id. 40 UN Human Rights Council, ‘Situation of Human Rights in Myanmar’ UN GAOR, 43rd session, UN Doc A/HRC/43/L.19 (29 April 2019). 41 Progressive Voice, ‘A Nation Left Behind: Myanmar’s Weaponization of COVID-19’, (June 2020), available at https://progressivevoicemyanmar.org/2020/06/02/a-nation-left-behind-myanmars-weaponization-of-covid-19/. 42 N. Hardman and P. Preet Singh, Pandemic Adds New Threat for Rohingya in Myanmar, Human Rights Watch (May 2020), available at https://www.hrw.org/news/2020/05/29/pandemic-adds-new-threat-rohingyas-myanmar. 43 Institute on Statelessness and Inclusion and European Network on Statelessness, ‘Statelessness in Myanmar: Country Position Paper’ (May 2019), p. 5. 7