Country Position Paper: Statelessness in Myanmar
remain having been displaced by the violence of 2012. 58 Populations from the IDP camps often move
on to refugee situations elsewhere, for example IDPs from Rakhine State unable to return home
have moved on to Malaysia or Bangladesh and IDPs from Kachin areas have sometimes moved
across the border into China. Many IDPs do not have identification documents due to displacement
and destruction of their properties and possessions. There are multiple barriers to civil registration
and accessing identity documents including the requirement to apply for identity cards from their
home town and the increased scrutiny of applications. 59 Additionally, ethnic minorities from areas
historically affected by conflict with the central state or areas that have been under non-government
control, such as Karen or Mon, face multiple barriers to accessing recognition of their citizenship.
Those without the correct documentation face barriers to travel and in accessing health, education
and financial services.
Returning refugees
Refugees returning to Myanmar from the camps in Thailand, Bangladesh and elsewhere face
multiple barriers to proving their citizenship and residence rights. In 1993-4 approximately 200,000
Rohingya refugees were repatriated from Bangladesh to Myanmar. Marriages that took place in the
camps of Bangladesh were not recognised on return to Myanmar. Families faced multiple barriers
in registering on the household list new marital partners, children born as result of those marriages,
and children born in Bangladesh. Unregistered or “blacklisted” returnees faced harassment,
extortion and arrest in Myanmar. As a result, many fled Myanmar again. 60 Myanmar also does not
recognise the birth certificates of refugees born in Thailand, potentially creating barriers to accessing
rights and benefits on return to Myanmar. 61 Returning refugees without the correct documents are
unable to access their rights and remain unable to move or relocate within Myanmar.
Stateless Rohingya are at risk of forced repatriation to Myanmar.
Key resource:
The Institute of Statelessness and Inclusion has issued guidelines on conditions to be met for the repatriation of
stateless Rohingya, “Repatriation, Statelessness and Refugee Status”
http://www.institutesi.org/repatriation_statelessness_and_refugee_status_2017.pdf
PROTECTION CHALLENGES FACED BY MYANMAR’S STATELESS POPULATION OUTSIDE THE
COUNTRY
Myanmar’s stateless populations are found throughout the world including Bangladesh, Thailand,
Malaysia, Pakistan, India, Saudi Arabia and elsewhere in the Middle-East. Unable to acquire
Human Rights Watch, All you can do is pray: Crimes against Humanity and Ethnic Cleansing of Rohingya Muslims in Burma’s Arakan
State, 2013
59
Norwegian Refugee Council, 2017, Half A Million Identities https://www.nrc.no/news/2017/june/half-a-million-identities/
60
Fortify Rights, Policies of Persecution: Ending Abusive State Policies Against Rohingya Muslims, 2014
https://www.fortifyrights.org/downloads/Policies_of_Persecution_Feb_25_Fortify_Rights.pdf
61
NRC et al, 2018.
58
14