71 Ibid. Chapter 3 states that “Associate Citizenship” is for “applicants for citizenship under the Union Citizenship Act, 1948.” Chapter 4 states that “naturalized citizenship” is for persons who entered Burma/Myanmar prior to 1948 and had not yet applied for citizenship under the 1948 Law. 72 UNHCR, “Citizenship and statelessness in Burma,” (citation above), pp. 18. 73 1982 Citizenship Law, sections 30(c) and 50(c). 74 Ibid, sections: 24, 26, 27(a), 28, 46, 48, 49(a), 50. 75 Ibid, sections 35(d) and 58(d). 76 Ibid, sections 35(f) and 58(f). 77 Ibid, sections: 14, 15(a), 16 and 17. 78 If a child is born of a foreigner and an associate or naturalized citizen, and the parent loses their citizenship, the child does too. See 1982 Citizenship Law, sections 29(b), 51(b). Furthermore, ICJ legal advisers are aware of situations where a foreign father of a child returns to their country of origin, leaving the child and its mother (a Myanmar citizen) in Myanmar, but the State has not granted citizenship to the child on the basis that child has a right to citizenship of their father’s country, even where the situation doesn’t allow this. 79 1982 Citizenship Law, section 73. Note that the adopted child’s right to citizenship is assessed on the basis of the status of their birth parents, and so an adoptee may be prohibited from obtaining any form of citizenship, even if the adopted parents are citizens. At the time of publication of this report, the right of an adopted child to citizenship was being discussed in public debate, linked to related provisions within the Child Rights Bill under consideration by the Union Parliament and by the President of the Union. 80 1982 Citizenship Law, section 22: “A person whose citizenship has ceased or has been revoked shall have no right to apply again tor citizenship or associate citizenship or naturalized citizenship.” 81 Ibid, section 15(b). 82 Ibid, section 20(b). 83 Ibid, section 21. Note the 1982 Law and its 1983 procedures prescribe additional criminal penalties, for instance under sections 18 and 19 of the 1982 Law. 84 1982 Citizenship Law, section 5, defines this: “Every national and every person born of parents, both of whom are nationals are citizens by birth.” 85 A full citizen is not excluded from potential charges under the 1982 Citizenship Law, section 40: “Whoever forges a certificate of associate citizenship or abets such act shall be liable to imprisonment for a term of fifteen years and to a fine of kyats fifty thousand.” 86 Ibid, sections 36, 37, 39(b), 39(c), 40, 59 and 60. 87 See for example, section 29 of the 1983 Citizenship Procedures (with respect to full citizenship), Notification 13/83. This contemplates legal action under, inter alia, the Foreigners Registration Act, which includes criminal penalties. 88 With respect to criminal penalties, a role for the judiciary appears to be implicitly suggested in section 74 of the 1982 Law: “Except on penal matters, all matters relating to this Law shall be decided by the only organizations which are conferred with authority to do so.” 89 Notification 13/83, sections 31(a)(3) and 38. Notification 14/83, sections 29(a)(3) and 38(e). Notification 15/83, sections 34(a), 40 and 43 (full citation above). 90 See discussion of this in section 5 of this report. 91 1982 Citizenship Law, sections 69 and 70(a). 92 See endnotes number 63 and 64, above. 93 See for example, chapter 5 (appeals) in each of the three 1983 Citizenship procedures. 94 1982 Citizenship Law, Section 70(b). 95 If promulgated, the Child Rights Bill would replace the 1993 Law. The ICJ has viewed different drafts of the Bill dating back to 2015. At the time of writing, it had been passed by the Union Parliament and sent to the President of the Union for review. See Annex 1. 96 In reporting as part of the UN Universal Periodic Review (UPR), Myanmar has stated that “a child is recognized as a citizen in accordance with the Citizenship Law.” Consideration of the reports submitted by States parties under article 44 of the Convention, Third and fourth periodic reports of States parties due in 2008, Myanmar, UN Doc CRC/C/MMR/3-4 (17 May 2011), para. 63. Myanmar’s next UPR is scheduled for November 2020. 97 The term appears to have first emerged in a 1990 edition of the Working People’s Daily. See: Nick Cheeseman (citation above), pp. 468-9 and 478 (endnote 6). See also: International Republican Institute (IRI), “Assessment of minority rights in Myanmar,” 2017, pp. 41. 23