Citizenship Stripping in Myanmar as Lawfare
encouraging government employees to join the CDM and made illegal publicly
naming and shaming government employees who do not join the CDM.37
Harsher punitive sentences, including death penalties and life sentences, have
also been handed down under martial law declared in six townships in Yangon
since mid-March 2021. 38 By 4 March 2022, one day before the first order of
denationalisation was issued, 827 people had been sentenced (including 45 death
sentences) and 9,507 people were in detention and awaiting charges to be brought
or sentences to be handed down under one or more laws from the aforementioned
package of lawfare. 39 In February 2022, or one year after the coup, the
International Commission of Jurists noted that neither the rule of law nor judicial
independence were present in Myanmar under the SAC.40
That said, the package of lawfare briefly reviewed in this commentary does not
include a single provision for denationalisation, even in the Counter-Terrorism
Law.41 For this reason, the SAC has turned to the 1982 Law.
CONCLUSION
The SAC used the 1982 Law and its provision for denationalisation as part of its
package of lawfare against the Spring Revolution, despite lack of clear evidence
that the 33 people had left Myanmar permanently. While some of the 33 people
are now out of Myanmar or working from the Thai–Myanmar border — possibly
having acquired foreign citizenship and identity documentation, permanent or
temporary — the use of the 1982 Law is intended to permanently cast out
opposition to the SAC.
37
38
39
40
41
‘State Administration Council Law No (5/2021)’ (n 32).
‘State Administration Council: Martial Law Order 1/2021, 14 March 2021’, Global New Light
of Myanmar (Yangon, Myanmar, 15 March 2021) 1; ‘State Administration Council: Martial
Law Order 2/2021, 15 March 2021’, Global New Light of Myanmar (Yangon, Myanmar, 16
March 2021) 3.
‘Daily Briefing in Relation to the Military Coup’, Assistance Association for Political
Prisoners (online, 4 March 2022) <https://aappb.org/?p=20399>, archived at
<https://perma.cc/26K7-JRMY>.
‘Myanmar: A Year After Military Takeover, No Rule of Law or Judicial Independence’,
International
Commission
of
Jurists
(online,
10
February
2022)
<https://www.icj.org/myanmar-a-year-after-military-takeover-no-rule-of-law-or-judicialindependence/>, archived at <https://perma.cc/N5J3-UTKL>.
Denationalisation has been increasingly used in countries including the United Kingdom,
Germany and Norway as a tool in combating home-grown terrorism during the War on Terror:
Milena Tripkovic, ‘Renouncing Criminal Citizens: Patterns of Denationalization and
Citizenship Theory’ (2022) Punishment & Society (advance). For ethical and practical debates
on using denationalisation as terrorism control, see Matthew J Gibney, ‘Should Citizenship
Be Conditional? The Ethics of Denationalization’ (2013) 75 The Journal of Politics 646;
Matthew J Gibney, ‘Denationalisation and Discrimination’ (2020) 46 Journal of Ethnic and
Migration Studies 2551; Christian Joppke, ‘Terror and the Loss of Citizenship’ (2016) 20
Citizenship Studies 728.
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