Legal Aspects of the Right to Nationality Pursuant to Myanmar Citizenship Law

  • Su Yin Htun University of Mandalay

Abstract

It is universally accepted that everyone has the right to citizenship. Myanmar’s framework on the right to nationality constitutes a unique, exclusive, ethnic citizenship system based on jus sanguinis or the law of blood. Myanmar’s Citizenship Law was enacted in 1982 by repealing the Union Citizenship Act of 1948. As citizenship parameters were changed by the Law, many people in the Kachin, Karen, and Rakhine states lost their nationality rights and consequently suffered human rights abuses. In the Rakhine state, serious communal violence occurred in 2012, 2016, and 2017, and the government declared a state of emergency. This research paper focuses on how Myanmar can adhere to international standards for nationality rights. It provides a historical overview and legal analysis of citizenship laws in Myanmar using a human rights lens and offers suggestions for legal reforms that can help address the problem of statelessness in Myanmar. Specifically, it recommends the use of the jus soli, or the law of the soil, approach to citizenship.

References

Andres Bjornberg, Rohingya Territoriality in Myanmar and Bangladesh: Humanitarian Crisis and National Disordering, Myanmar’s mountain and maritime borders capes; Local Practices, Boundary-Making and Figured Worlds, ISEAS, 2016.

Alexendra De Mersan, Ritual and the other in Rakhine Spirit Cults, Myanmar’s mountain and maritime borders capes; Local Practices, Boundary-Making and Figured Worlds, ISEAS, 2016.

Kazi Fahmida Farzana, Life along the Naf Border: Identity Politics of the Rohingya Refugees in Bangladesh, Myanmar’s mountain and maritime borders capes; Local Practices, Boundary-Making and Figured Worlds, ISEAS, 2016.

Ko Swan Sik, Nationality and International Law in Asian Perspective, British Institute of International and Comparative Law Quarterly Journal, Vol-40 (4), (1990), https://doi.org/10.1093/iclqaj/40.4.1004

Laura Van Waas, Nationality Matters; Statelessness under International Law,2008, Intersentia

Maung Aung Myoe, The Maritime Frontier of Myanmar, Myanmar’s mountain and maritime borders capes; Local Practices, Boundary-Making and Figured Worlds, ISEAS, 2016

Myanmar Politics and Tatmadaw, Part I, Myawaddy Publishing House, July 2018

Traditional Culture and Traditional Custom, Rakhine, Seit-kuu-chocho Publishing House, 2nd Edition, 2018.

The Lutheran World Federation, An Analysis of Recommendations, April 2016.

UNHCR and IPU, Nationality and Statelessness, A Handbook for Parliamentarians, 2005.

Crimes against Humanity in Western Burma: The Situation of the Rohingya, Irish Center for Human Rights, 2010.

Williem Van Schendel, History of Bangladesh: Politics, Economic and Civil Society, Cambridge, 2009.
Published
2019-12-22
How to Cite
HTUN, Su Yin. Legal Aspects of the Right to Nationality Pursuant to Myanmar Citizenship Law. Journal of Southeast Asian Human Rights, [S.l.], v. 3, n. 2, p. 277- 299, dec. 2019. ISSN 2599-2147. Available at: <https://jurnal.unej.ac.id/index.php/JSEAHR/article/view/13480>. Date accessed: 24 jan. 2020. doi: https://doi.org/10.19184/jseahr.v3i2.13480.
Section
Special Edition on Post-Legislative Scrutiny in Asia

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