impact in its implementation. Further, the category of ‘naturalised’ citizen is applied to people who should acquire citizenship by right, resulting in discrimination and exclusion of large sections of the population of the country. The law encourages reactionary and arbitrary decision making by penalising decision makers for wrongfully attributing citizenship, but not for wrongfully denying citizenship. The Law also fails to impose time limits for decision making and lacks a mechanism for the review or appeal of administrative decisions. nicity, gender, disability etc. The report briefly looks at the impact of the arbitrary and discriminatory denial of documentation on individuals, families and communities. It finds that the disadvantages faced by affected persons impact many aspects of their lives, including education, livelihood, ownership of property, travel and healthcare. Many interviewees spoke of a significant emotional and psychological impact, both because of the lack of documentation itself and the lack of clarity and closure relating to the uncertainty and indefiniteness of the documentation procedures. The research identifies groups of people who are at heightened risk of discrimination and exclusion. These include ethnic and religious minorities, internally displaced persons (IDPs) and former IDPs, returning refugees, those who have migrated within the country, people living in conflict areas, the children of mixed marriages, persons whose parents or grandparents lack documentation and disabled persons. The research found that those who have one or more of these characteristics are at increased risk of discrimination, exclusion and in extreme cases, even statelessness. Based on the research findings, which point to a system which is unfair, ineffective and inefficient, the research team puts forward the following recommendations for consideration. These recommendations are made with full cognisance of the current political crisis in Myanmar, as a result of the military coup of February 2021. We stand in solidarity with the people of Myanmar and do not recognise the legitimacy of the military as the government of Myanmar. Our research is shared and recommendations are made with a future Myanmar in mind, in which the National Unity Government or a civilian government are in a position to make changes to the citizenship framework and civil registration and documentation procedures. We hope that the recommendations will offer some guidance on the devastating impact of Myanmar’s current civil documentation system, and the steps that can be taken to replace it with a fairer, more inclusive system. Some recommendations also apply to international actors, states in which refugees from Myanmar currently live, donor states and relevant UN and international organisations, who have protection and human rights obligations towards the people of Myanmar. This report identifies the following as the main challenges faced by persons in accessing documentation: discrimination in the implementation of the law; arbitrariness and lack of effective oversight; the abuse of discretion, excessive evidentiary requirements; lack of accessibility, data entry problems; bribery and delayed decision making. Importantly, these challenges are interlinked and overlapping, with discrimination and arbitrariness being a constant and underlying theme. Of particular relevance is intersectional discrimination, where an individual suffers increased discrimination due to a variety of interconnected discriminatory factors such as eth- Recommendations 1 In order to achieve a modern, fair and efficient citizenship and civil documentation system which complies with international standards, a civilian government of Myanmar should repeal and replace the 1982 Citizenship Law and its procedures. A new citizenship framework should be developed through a consultation process which is genuinely inclusive and reflects Myanmar’s diverse population. In particular: A. A new law should reflect the prohibition of discrimination on all grounds including ethnicity, disability and gender. B. The multi-tiered and discriminatory system of citizenship envisaged by the 1982 law should be dismantled and replaced with a fair and inclusive system that adheres to international standards (including the right to nationality and prohibition of discrimination and arbitrariness) and reflects the diversity of Myanmar. Further, there should be no difference in the quality and security of citizenship on the basis of how citizenship was acquired. C. Naturalisation should be made available to foreigners and stateless persons who demonstrate genuine linkages to the country through residence, marriage, adoption or protection status, through a fair and transparent procedure that adheres to international standards. 5