By-passing state power and neutralising state bureaucracies 53
focused on state recognition of individuals and reducing the number of stateless individuals within national territories rather than group rights (Siegelberg 2020). As imperialist systems crumbled (Czarist Russia, Ottoman,
Astro-Hungarian) and new states formed during and after WWI, concerns
arose regarding the potential statelessness of minority groups, and the instability that this could cause for the developing state system and international
organisations, in particular, for the League of Nations (ibid.). These concerns
were largely dealt with under the minority treaties that required majority
groups in states to provide protections, rights, and citizenship to minority
groups within their territories. Under this system, the group—not just the
individual—was an important unit of political organisation and able to make
appeals to the League of Nations (ibid.).
The 1930s saw the rejection of the minority treaties in Poland, Germany,
and elsewhere in Europe, as well as the rise of fascism which led to mass
denaturalisations and denationalisations (Sands 2016; Siegelberg 2020; Zalc
2021). In the majority of cases, denaturalisation was linked either directly or
indirectly to membership of a minority group with Jewish people constituting
the largest group impacted (Zalc 2021). The human rights framework that
emerged in post-WWII, partly in response to the failure of the minority treaties, increasingly focused on the individual as the bearer of rights with groups
losing political traction (Siegelberg 2013; Sands 2016; Siegelberg 2020). The
Nazi genocide had exposed the dangers of citizenship based solely on racial
criteria and international discussions moved on to ensuring balance in the criteria through which individuals acquired citizenship. In the post-WWII years,
individual citizenship status was understood to be acquired through one
or more of three main avenues: through the citizenship of parents and/or
grandparents or jus sanguinis; through birth on the territory or jus soli; and
through naturalisation provisions, for example, through marriage, long-term
residence, or other significant links to a state (Weil 2001). As the British and
other European empires broke up in the post-WWII years, post-colonial citizenships were often based on notions of indigeneity but balanced with these
three ways that individuals acquire nationality (Manby 2016; de Chickera,
Arraiza et al. 2021).
Myanmar’s citizenship framework after independence, as explored in
Chapter 4, largely achieved a balance that enabled both indigenous groups
and those that had other significant links with the country to acquire nationality and equal citizenship rights including through residency and birth
on the territory (de Chickera, Arraiza et al. 2021). Contrastingly under the
1982 Citizenship law, full citizenship is acquired almost exclusively through
membership of a state-ascribed list of ‘national ethnic groups,’ and there
are no provisions that allow for citizenship acquisition through birth on the
territory, marriage to a citizen, long-term residence, or other objective criteria.35 As notions of citizenship and belonging in Myanmar were increasingly
consolidated around notions of belonging to an ethnic group, citizenship in
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