ADVISORY COMMISSION ON RAKHINE STATE a “citizen”, or if this parent is the child of two “naturalised citizens”. In all other circumstances, the child of a “naturalised citizen” will have to apply for “naturalised citizenship”, for which the applicant needs to fulfil the following criteria: being over the age of 18; being able to speak one of the national languages well; being of good character; and being of sound mind.10 However, children's names may be added to a parent’s naturalized citizenship certificate when the child’s birth is registered. Even with this possibility, the distinction remains that eligibility for “naturalized citizenship” is not automatic. Moreover, “naturalized citizenship” may be revoked more easily than “citizenship”, for instance for committing offences involving “moral turpitude” (such as theft, adultery, rape or drugs offences).11 Although Myanmar is not the only country that has different categories of citizenship, in other countries more than one category is only allowed for very specific circumstances. Having just one citizenship category is generally preferable. It meets the important objective of equal rights for all citizens. Unlike previous citizenship legislation, the law of 1982 provides limited possibilities of acquiring citizenship based on residence. Individuals who do not have at least one citizen parent can only acquire citizenship if they or their ancestors entered the country prior to 1948, or they were legal residents in Myanmar and married to a citizen before the law came into force. Recommendations: 17. While recognizing that the 1982 law is the current basis for citizenship, the Commission recommends the Government set in motion a process to review the law. As part of such a review, the Government might wish to consider the following: ○ Aligning the law with international standards and treaties to which Myanmar is a State Party, including Articles 7 and 8 of the Convention on the Rights of the Child; ○ Bringing the legislation into line with best practices, including the abolition of distinctions between different types of citizens; ○ That as a general rule, individuals will not lose their citizenship or have it revoked where this will leave them stateless; 10 1982 Citizenship Law, Section 44. 11 The full list of such offences is given in Procedures on Naturalised Citizenship, para.32 (A)(vi). FINAL REPORT 31

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