45. Those who possess one or more of the characteristics identified above are more likely to face
discrimination under the 1982 Citizenship Law, its procedures and their implementation.
Importantly, most people face discrimination and exclusion due to the convergence (or
intersection) of more than one of these characteristics. For example, a woman without a clear
affiliation to one of the state-recognised ethnic groups who is also an IDP is likely to be at greater
risk of being denied documents.
46. There are various civil documentation processes to establish proof of birth, family connections and
citizenship. Key documents include the birth certificate,64 and the household registration list (a
family book), which is mandatory for all residents to be registered in.65
47. In 1989, under the new 1982 Citizenship Law framework, the former National Registration Cards
(NRCs) issued under the 1949 Residents of Burma Registration Act, were replaced by three different
types of “Citizenship Scrutiny Cards”. These were colour-coded to facilitate the categorisation of
the citizenship status of the bearer – pink cards for full citizens (CSC), blue for associate citizens
(ACSC) and green for naturalised citizens (NCSC).66
48. Citizens by birth are eligible and required to carry their own CSCs from the age of 10. These are to
be renewed at the ages of 18, 30 and 45.67 Associate and Naturalised Citizen parents can apply to
have their children added to their own ACSC or NCSC. Such children are eligible for their own ACSC
or NCSC at 10 years of age. These too must be renewed at the ages of 18, 30 and 45.68
49. Temporary Registration Cards (TRCs or white cards) had historically been issued to those who had
lost or damaged their NRCs or to those with pending applications for one.69 However, in 1995, TRCs
were given to large numbers of persons who had previously held NRCs, but were denied CSCs under
the 1982 law. This marked a key step towards further entrenching discrimination and arbitrariness
within the system. While the legal and policy grounds for this move and the status of TRC holders
remained unclear, the TRCs were treated in practice as an official ID Card which allowed its holders
to vote in subsequent elections.70
50. In February 2015, the TRCs were withdrawn along with voting rights. TRC holders were given a
receipt - not an alternative identity card - in exchange.71 In December 2015, under the new National
League for Democracy (NLD) government, new “Identity Cards for National Verification” (ICNVs,
also known as Turquoise cards) were introduced as an interim card in the National Verification
process with the purported aim “to scrutinise whether the applicant meets the eligibility to become
a citizen of Myanmar and to identify them as residents of Myanmar during the citizenship
verification process”.72
51. In reality, these cards are target the Rohingya and other Muslim minorities, and are part of a
systematic campaign to erase the identity and claim to citizenship of such groups.73 The Rohingya
64
Birth registration is a legislated requirement pursuant to the 2013 Child Law and the 1982 Citizenship Law and 1983 Procedures.
The Family Household List, also known as “Form-66/6”, is issued under the Residents of Myanmar Registration Act, 1949. However,
details on the implementation of the process are not publicly known. It is assumed, however, that there was internal guidance on the
procedures to be followed.
66 Thein. M. (Nyein Chan Lulin) ‘Pyidaungsuthar Muslims’, Kit Thit Sar Pay (2016).
67
1983 Procedures Relating to Citizenship, s 12.
68 1983 Procedures relating to Naturalized Citizenship, s 5; 1983 Procedures relating to Associate Citizenship, s 5.
69 See 1951 Residents of Burma Registration Rules, ss 2 and 13.
70 N. N. Kyaw, ‘Unpacking the Presumed Statelessness of Rohingyas’ (2017) Journal of Immigrant and Refugee Studies 15(3), p. 279.
71
Lall et. al, 18; International Crisis Group, 14. Presidential Notification 15/2015 Announcing Temporary Registration Cards Expiry on 31
March 2015.
72 Republic of the Union of Myanmar, ‘State Counsellor’s Notification’ (27 December 2016), para. 7.
73 Al Jazeera, ‘Genocide Card: Myanmar Rohingya verification scheme condemned’, September 2019, available at:
https://www.aljazeera.com/news/2019/09/genocide-card-myanmar-rohingya-verification-scheme-condemned-190903012922259.html
65
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