Executive
summary
& recommendations
This report is structured in three parts. The Executive Summary and Recommendations
provides an overview of the report as a whole offering recommendations which have been
drafted with the objective of supporting efforts to reform and improve law, policy and
practice. Part one provides the reader with an overview of the issues and research process,
as well as the context and historical background of the situation covered. It also provides
an overview of profiles most at risk of discrimination and exclusion and looks at some of
the fundamental challenges related to citizenship and access to documentation. Part Two
provides an overview of the legal framework – the law and policy context as well as relevant
international obligations of Myanmar. Part Three, which is the core of the report, presents the
field research findings, providing a deeper overview of the manner in which discrimination,
and the intersection of different types of discrimination, impacts those who possess certain
characteristics. In doing so, it takes a closer look at the specific challenges to accessing
documentation and citizenship, which were identified through the research. This part also
looks at the impact and mutually reinforcing relationship between lack of documentation
and/or citizenship, and access to other human rights.
This report analyses the administrative challenges
of accessing citizenship documents in Myanmar,
in particular for minority groups. In Myanmar, a significant proportion of the population lack access to
the documents that would facilitate access to the
services and rights they should be entitled to. As
such, they suffer from a deficit of rights and are at
risk of statelessness. The research findings indicate
that people who fit specific demographic profiles
were more likely to face challenges in accessing
documentation. They point to significant issues of
discrimination, arbitrariness and corruption within
the administrative system.
This report assesses Myanmar’s 1982 Citizenship
Law, and the manner in which it has been implemented, against international standards. It finds it to
be discriminatory and unnecessarily complex in the
multi-tiered and hierarchical citizenship scheme it
offers. As it stands, the law privileges recognised ethnic groups, disadvantages unrecognised groups and
racially discriminates in the acquisition of nationality;
it falls short of Myanmar’s obligations under the Convention on the Rights of the Child; it considers being
‘of unsound mind’ an adequate basis for the denial of
citizenship; and, while not directly discriminating on
the grounds of gender, it has a gender discriminatory4