Myanmar nationality law explained

Short Title:Myanmar Citizenship Law
Burmese: မြန်မာနိုင်ငံသားဥပဒေ
Legislature:People's Assembly
Citation:Law No. 4 of 1982
Territorial Extent:Myanmar
Enacted By:People's Assembly
Date Enacted:15 October 1982
Date Commenced:15 October 1982
Status:amended

The Nationality law of Myanmar currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 Citizenship Law.[1] [2] Citizens, as defined by the 1947 Constitution, are persons who belong to an "indigenous race", have a grandparent from an "indigenous race", are children of citizens, or lived in British Burma prior to 1942.[3] [4]

Under the Burma Residents Registration Act of 1949 and the 1951 Resident Registration Rules, Burmese citizens are required to obtain a National Registration Card (NRC), while non-citizens are given a Foreign Registration Card (FRC). Citizens whose parents hold FRCs are not allowed to run for public office.[5] In 1989, the government conducted a nationwide citizenship scrutiny process to replace NRCs with citizenship scrutiny cards (CSCs) to certify citizenship.

Myanmar has a stratified citizenship system. Burmese citizens' rights are distinctively different depending on the category they belong to and based on how one's forebears acquired their own citizenship category.

Documentation

The Burmese government issues several forms of identity cards to Burmese citizens and residents.

Citizenship scrutiny cards

Document Name:Citizenship scrutiny card
Using Jurisdiction: Myanmar
Valid Jurisdictions: Myanmar
Document Type:Identity card
Purpose:Citizenship
Eligibility:Burmese citizens
Expiration:Varies

Citizenship scrutiny cards are issued to prove Burmese citizenship.[6] Citizens are eligible to receive a citizenship scrutiny card once they turn 10 years old. The cards are paper-based and handwritten, and are issued by local township administration offices.[7] Citizenship scrutiny cards denote the following details:

!Citizenship tier!Abbreviation (Burmese)!Documentation!Card colour
Fullနိုင်Citizenship Scrutiny CardPink
Associateဧည့်Associate Citizenship Scrutiny CardBlue
NaturalisedပြုNaturalised Citizenship Scrutiny CardGreen

Other forms of documentation

The Burmese government also issues three-folded national registration cards (NRCs) to prove residency. Until 31 May 2015, temporary registration / identification certificates were issued as proof of identity and residence for non-citizens, including Burmese residents of Chinese, Indian, and Rohingya origin. These were replaced with the turquoise-coloured identity card for national verification, introduced on 1 June 2015. Foreign registration certificates with one-year validity periods are issued to foreigners residing in the country.

The Ministry of Health issues birth certificates through township medical officers. Birth certificates are used to add children into a family's household list, enroll in primary school, and apply for citizenship scrutiny cards.

Dual citizenship

Dual citizenship is not recognised by Myanmar.

Naturalisation

Foreigners who have been in the country since 1948 can also apply for nationality. [8]

Denial of citizenship to Rohingya

Burmese law does not consider Rohingyas as one of the 135 legally recognised ethnic groups of Myanmar,[9] thus denying most of them Myanmar citizenship.[10] The official claim of the Government of Myanmar is that the Rohingya people are the "citizens of Bangladesh"; however, the Government of Bangladesh does not recognize this claim, thus leaving the Rohingya stateless.

See also

Notes and References

  1. Tun Tun Aung. March 2007. An Introduction to Citizenship Card under Myanmar Citizenship Law. https://web.archive.org/web/20140514020001/http://dspace.lib.niigata-u.ac.jp:8080/dspace/bitstream/10191/6399/1/01_0053.pdf. dead. 2014-05-14. 現代社會文化研究. 38. 265–290.
  2. Web site: Burma Citizenship Law. 15 October 1982. Government of Burma. UNHCR. 15 March 2012.
  3. Book: Battistella, Graziano . https://www.researchgate.net/publication/319115344 . Rohingyas: The People for Whom No One Is Responsible . January 2017 . 4–17 . International Migration Policy Report . . ResearchGate.
  4. Web site: The Rohingya Refugees in Bangladesh: A Vulnerable Group in Law and Policy . Faruk . Hassan . Imran . Md. Al . Mian . Nannu . 2014 . 226–253 . ResearchGate.
  5. News: Citizenship criteria trips up election candidates. Soe Than Lynn. Shwe Yinn Mar Oo. 20 September 2010. Myanmar Times. 15 March 2012. https://web.archive.org/web/20120313015711/http://mmtimes.com/2010/news/541/news001.html. 13 March 2012. dead.
  6. Book: A Legal Guide to Citizenship and Identity Documents in Myanmar . Justice Base . 2018.
  7. Web site: 2022-06-04 . The Right to Privacy in the Digital Age: Experience from Myanmar . Myanmar Centre for Responsible Business.
  8. https://www.slideshare.net/nasif123/mmr87413 Burma Citizenship Law
  9. News: Myanmar's Rohingya. 3 February 2017. The Economist. 20 Oct 2012.
  10. News: Why Buddhists and Muslims in Rakhine state in Myanmar are at each others' throats. 3 February 2017. The Economist. 3 Nov 2012.