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Denationalization or deprivation of citizenship marks the third
potential site for racialized citizenship.40
While some historical cases of racialized citizenship laws
are well known, examined, and long since rejected, 41 many
contemporary manifestations are under-examined. UNHCR
opines that at least twenty states have nationality laws that
permit denial or deprivation of nationality on discriminatory
grounds including race,42 yet no comprehensive analysis of direct
and indirect racial discrimination in nationality laws has been
undertaken, and hence the true scope of the problem is unknown.
The most observable cases of racialized citizenship (often
leading to statelessness) are those resulting from manifestly
discriminatory nationality laws. Rohingya people, considered
among the world’s most persecuted ethnic minority groups, 43
have been rendered stateless en masse by Myanmar.44 The plight
of Rohingya people is in large measure reflected in and
perpetuated by the passing of Myanmar’s discriminatory 1982
Citizenship
Law 45 and
longstanding
discriminatory
40 FitzGerald, supra note 35, at 131–32.
41 See generally IAN HANEY LÓPEZ, Racial Restrictions in the Law of
Citizenship, in WHITE BY LAW: THE LEGAL CONSTRUCTION OF RACE 27 (1996)
(regarding the United States); JAMES JUPP, FROM WHITE AUSTRALIA TO
WOOMERA: THE STORY OF AUSTRALIAN IMMIGRATION (2002) (regarding
Australian racialized citizenship laws).
42 U.N. HIGH COMM’R FOR REFUGEES, GLOBAL ACTION PLAN TO END
STATELESSNESS: 2014–2024, 16 (2017), https://www.unhcr.org/54621bf49.html
[https://perma.cc/AE2S-SZ32]. See also de Chickera & Whiteman, supra note 1,
at 101–03.
43 Shatti Hoque, Myanmar’s Democratic Transition: Opportunity for
Transitional Justice to Address the Persecution of the Rohingya, 32 EMORY INT’L
L. REV. 551 (2018) (citing The Rohingyas: The Most Persecuted People on Earth?,
ECONOMIST (June 13, 2015), https://www.economist.com/asia/2015/06/13/themost-persecuted-people-on-earth) [https://perma.cc/T2VK-L8SF]. See also Katie
Young, Who Are the Rohingya and What Is Happening in Myanmar?, AMNESTY
INT’L (Sept. 26, 2017), https://www.amnesty.org.au/who-are-the-rohingyarefugees [https://perma.cc/3SZA-N97R].
44 See generally AMNESTY INT’L, M YANMAR: AMNESTY INTERNATIONAL
ANNUAL
REPORT 2016 (2017),
https://www.amnesty.org/download/Documents/ASA1657612017ENGLISH.pdf
[https://perma.cc/3BFU-PETX] (describing several instances of discrimination
and persecution).
45 Nyi Nyi Kyaw, Unpacking the Presumed Statelessness of Rohingyas,
15 J. IMMIGR. & REFUGEE STUD. 269, 272 (2017) (“The main academic and policy
argument in the past decades is that the Rohingya are not recognized as citizens
of Myanmar because of the discriminatory 1982 law.”) (citations omitted).