ADVISORY COMMISSION ON RAKHINE STATE
a “citizen”, or if this parent is the child of two “naturalised citizens”. In all
other circumstances, the child of a “naturalised citizen” will have to apply
for “naturalised citizenship”, for which the applicant needs to fulfil the
following criteria: being over the age of 18; being able to speak one of the
national languages well; being of good character; and being of sound
mind.10 However, children's names may be added to a parent’s naturalized
citizenship certificate when the child’s birth is registered. Even with this
possibility, the distinction remains that eligibility for “naturalized citizenship”
is not automatic. Moreover, “naturalized citizenship” may be revoked more
easily than “citizenship”, for instance for committing offences involving
“moral turpitude” (such as theft, adultery, rape or drugs offences).11
Although Myanmar is not the only country that has different categories of
citizenship, in other countries more than one category is only allowed for
very specific circumstances. Having just one citizenship category is generally
preferable. It meets the important objective of equal rights for all citizens.
Unlike previous citizenship legislation, the law of 1982 provides limited
possibilities of acquiring citizenship based on residence. Individuals who do
not have at least one citizen parent can only acquire citizenship if they or
their ancestors entered the country prior to 1948, or they were legal
residents in Myanmar and married to a citizen before the law came into
force.
Recommendations:
17. While recognizing that the 1982 law is the current basis for
citizenship, the Commission recommends the Government set in
motion a process to review the law. As part of such a review, the
Government might wish to consider the following:
○
Aligning the law with international standards and treaties
to which Myanmar is a State Party, including Articles 7 and
8 of the Convention on the Rights of the Child;
○
Bringing the legislation into line with best practices, including
the abolition of distinctions between different types of
citizens;
○
That as a general rule, individuals will not lose their citizenship
or have it revoked where this will leave them stateless;
10 1982 Citizenship Law, Section 44.
11 The full list of such offences is given in Procedures on Naturalised Citizenship, para.32 (A)(vi).
FINAL REPORT
31