inflaming anti-Rohingya tensions.16 The discriminatory term is still used in journals and newspapers across the country.17 Furthermore, Myanmar government officials often refer to Muslims — Rohingya or not — as “guest citizens.” 18 India: Discrimination in law and its effects 10. In December 2019, India’s Parliament passed the Citizenship (Amendment) Act (CAA), which enables the provision of Indian citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants from Pakistan, Bangladesh and Afghanistan (three Muslim majority countries) who entered India before December 2014. Muslims are excluded and face risks of disenfranchisement, statelessness, detention and deportation. This ‘religion test’ contravenes the secular nature of the Indian constitution and violates principles of equality and non-discrimination. 11. The CAA, in addition to targeting foreigners, also targets those arbitrarily declared as foreigners through discriminatory bureaucratic processes. In particular, it will have direct and immediate impact on the 1.9 million persons excluded from National Register of Citizens (NRC) in Assam. The vast majority of these people were of Bengali origin, most of Muslim faith, with Hindu’s also impacted. Women and girls form a majority of the excluded, due to lack of documentation to prove their claim to citizenship. 12. The implementation of the NRC coincided with an increase in anti-Muslim rhetoric espoused by ruling Bharatiya Janata Party (BJP) officials, demonising Muslims living in Assam and Rohingya seeking refuge, as “infiltrators.” In September 2018, the BJP Home Minister referred to Muslim immigrants as “termites” who pose threats to security and stability. This inflammatory rhetoric influenced the implementation of the NRC. The process placed the burden of proof on individuals and resulted in discrimination based on language and religion.19 According to a statement by 125 NGOs: This process arose out of a history of xenophobia and discrimination against both Indian and non-Indian migrants of Bengali ethnicity, with Muslim Bengalis being the most disproportionately impacted. Women who are less likely to be literate or have documentation due to societal prejudices and norms and their children have also been excluded. The immense pressure that this process has placed on individuals and their families, including the cost of applying and appealing, the loss of work, the strain on family life, the emotional and psychological impact, the loss of liberty through detention and the rise in hate-crimes and hate-speech, is extremely worrying.20 13. Further, there is no extradition treaty between India and Bangladesh, nor does Bangladesh or any other country recognise those excluded as its citizens, creating (a risk of) mass statelessness. 16 Nyi Nyi Kyaw, Freedom of Religion, the Role of the State, and Interreligious Relations in Myanmar, (International Centre for Ethnic Studies, ed. 2018). 17 Id. 18 Id. 19 Majoritarian Consolidation: Chronicling the Undermining of the Secular Republic, Citizens Against Hate, March 2020. 20 The Biggest Mass-Disenfranchisement of the 21st Century, Institute on Statelessness and Inclusion, 2019, https://files.institutesi.org/cso-joint-statement-on-assam-nrc.pdf.