the rights attached to citizenship, with naturalised citizens being the most disadvantaged. As a result the consequences of the different citizenship statuses extend beyond the provisions of the 1982 Citizenship Law itself. The law contradicts Article 21(a) of the 2008 Constitution of the Republic of the Union of Myanmar, which sets out that “every citizen shall enjoy the right to equality.” 35. Full citizenship is given to individuals from the Kachin, Kayah, Kayin, Chin, Burman, Mon, Rakhine or the Shan ethnic groups, which form Myanmar’s 135 “national races” (as defined in the Constitution).44 This category also applies to persons outside these ethnic groups if they meet certain criteria.45 36. The 1982 Citizenship Law provides that associate and naturalised citizens are entitled to enjoy the rights of a citizen under Myanmar’s laws, “with the exception of rights stipulated by the Council of State.”46 This exposes associate and naturalised citizens to the risk of revocation of their citizenship, also provided for in section 8(b) of the 1982 Citizenship Law.47 Other potential grounds for revocation of citizenship for an associate or naturalised citizen include: I. II. III. Failing to provide a written allegiance to the state,48 Showing disloyalty to the state49 or Committing an offence of moral turpitude.50 37. Another distinction between the treatment of full citizens and associate and naturalised citizens is apparent in the criminal sanctions and penalties imposed under the 1982 Citizenship Law. Certain criminal penalties are applicable to persons that are not considered to be “citizens by birth.”51 Full citizens are not subject to the same criminal penalties, unless they have committed a crime.52 38. The 1982 Citizenship Law fails to comply with basic international law standards that Myanmar is obligated to uphold. I. Discrimination on Grounds of Race or Ethnicity: The Law privileges the recognised ethnic groups and disadvantages others in the acquisition of nationality. The ethnicity-based criteria leave a large portion of the population, who have no links to another country, with no right to automatic acquisition of nationality II. The Child’s Right to a Nationality: The Law falls short of Myanmar’s obligations under the CRC, in particular Article 7, which guarantee’s every child’s right to acquire a nationality. As 44 J. M. Arrazia and O. Vonk, ‘Report on Citizenship Law: Myanmar’ (October 2017), p. 2. Section 7 of the 1982 Citizenship Law sets out that persons born in or outside Myanmar are also citizens if they are (a) persons born of parents, both of whom are citizens; (b) persons born of parents one of whom is a citizen and the other an associate citizen; (c) persons born of parents, one of whom is a citizen and the other a naturalized citizen; (d) persons born of parents, one of whom is (i) a citizen; or (ii) an associate citizen; or (iii) a naturalized citizen; and the other is born of parents, both of whom are associate citizens; (e) persons born of parents, one of whom is (i) a citizen; or (ii) an associate citizen; or (iii) a naturalized citizen, and the other is born of parents, both of whom are naturalised citizens; or (f) persons born of parents one of whom is (i) a citizen; or (ii) an associate citizen; or (iii) a naturalized citizen and the other is born of parents, one of whom is an associate citizen and the other a naturalized citizen. 46 1982 Citizenship Law, 30(c) and 50(c). 47 1982 Citizenship Law, 8(b). 48 1982 Citizenship Law, 24, 26, 27(a), 28, 46, 48, 49(a) and 50. 49 1982 Citizenship Law, 35(d) and 58(d). 50 1982 Citizenship Law, 35(f) and 58(f). 51 International Commission of Jurists, ‘Citizenship and Human Rights in Myanmar: Why Law Reform is Urgent and Possible A Legal Briefing’ (June 2019), p. 9. 52 1982 Citizenship Law, 40. 45 8