During the British rule between 1824 to 1948, many labourers moved to Myanmar from Bangladesh, much to the resentment of majority Buddhist population. 2) Legal Citizen: Citizens who are not nationals but qualify to become a Myanmar citizen according to the legal framework. It was said that, this law is ingeniously designed to preserve the purity of the Burmese nationality although General Ne Win himself and many of his deputies were Chinese or Chinese origin. ... An historical review of citizenship law in Myanmar, with emphasis on the current situation. 3. Union Citizenship Act, No. “The 1982 Burma Citizenship Law was not fair.” Daw Aung San Suu Kyi. The 1982 Citizenship Law deprives the Rohingya of citizenship in Myanmar. b) Naturalized Citizens: People who had been residing in Myanmar before independence (4th Jan, 1948) and their descendents who have strong supporting evidence and documents that they were eligible for citizenship under the 1948 citizenship law. According to the Benjamin Zawacki , a Senior Legal Advisor for Southeast Asia,“The system anchor is the 1982 Citizenship Law, which in both design and implementation effectively denies the right to a nationality to Rohingya people.”. In particular, the 1982 Citizenship Law is highly discriminatory and arbitrary, and manifestly fails to satisfy the State’s obligations under international human rights law. 1948 Union Citizenship Act Politics of Changing Colour of Cards. The result is a system that enables widespread However, before that election, in 1985 the government published and distributed to the peoples of Burma a form called ‘Nain-2’, a 25 pages form including 5 appendix pages. Full citizens are descendants of residents who lived in Burma prior to 1823 or were born to parents who were citizens at the time of birth. [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. Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 Citizenship Law.  Although, under the Article 202 (a) of Ne Win’s 1974 Constitution clearly states that, “This Constitution is the basic law of all the laws of the State.” Ne Win enacted this citizenship law, which was contrary to his constitution of 1974. And naturalised citizenship was provided for, for people who could provide “conclusive evidence” of their entry into Myanmar and residence there prior to 1948, and to their children. The Myanmar Citizenship Law was enacted in 1982 by repealing the Union Citizenship Act 1948. Shortly after Myanmar’s independence from the British in 1948, the Union Citizenship Act was passed, defining which ethnicities could gain citizenship and the Rohingya were not included. 19. Once Burma won independence in 1945, the government passed the Union Citizenship Act (pdf), which detailed the ethnicities “indigenous” to Myanmar. 1948 Citizenship Act and other post-independence documentation laws, the 1974 Constitution, the 1982 Citizenship Law, and the 2008 Constitution. As the citizenship status was changed by the Law… Subscribe. 10. 28. The Rohingya Minority: Fundamental Rights Denied - Amnesty International May 2004. Naturalised citizens are those who lived in Myanmar before January 4, 1948, the date of the country’s independence, and applied for citizenship after 1982. Login. Find books 4/1982, section 3. New applications cannot be made. Citizenship Law, section 5. hތT�N�@��}�����$���"B����l��G�R����p��a4��ٙ�s̝"�p� g�.,4DhG���y�$�3�-����,V1Es�. 28. In other words we can say that, under the 1982 Citizenship Law there are two types of citizenship: (1) Native Citizenship and (2) Legal Citizenship. Full citizens are descendants of residents who lived in Burma prior to 1823 or were born to parents who were citizens at the time of birth. It is hereby enacted as follows: ‐ PART I. Within the legal citizenship category there are of two sub-types: a) Associate Citizens: People who became Myanmar citizen according to the 1948 citizenship law. Human rights groups are calling for a review of Myanmar's citizenship law, which has left more than 1.2 million people stateless nationwide, according to the UN Refugee Agency (UNHCR). Myanmar’s legal framework for citizenship is incompatible with bedrock rule of law and democratic principles. Global New Light Of Myanmar Myanmar's oldest English daily. In other words, it is an act whereby the people are enabled to know the law. The petition, dated October 27 and signed by 1153 people, claimed that citizenship was being granted according to two annulled laws – the 1948 Union Citizenship Act and the 1948 Union Citizenship (Election) Act – rather than the current law, which dates to 1982. A law must be promulgated before it actually takes effect. Myanmar National Human Rights Commission reported that all humanitarian needs were being met and no abuses were being perpetrated at the hands of the government forces.16 On 4 August, UN ... had already applied for citizenship under the Union Citizenship Act 1948.28 The deadline for applying This Act may be called the Union Military Police Act. Based on how one’s forebears obtained citizenship, Ne Win stratified citizenship into three status groups: full, … h�b```f``�e`a`��� ʀ �@1V �80f`b``���4�����oC����->y�w58�b|��/��0��x��f����>L��w3�`1x ��̓����&Q���U�e˖���;10Hk&nZ����)Y?4��2�* ����j>�y1�!�JkC��]�&ƫ.i' �2ny�� P7���\+PX�m�- �2 �hrhж � �``P� �����Lfda�:c�z��0���hh�^@�>�Al��bqpl���d�hNpO�ʨ�TIJ�뇟����3�]��Z�fp��Z����$���@��� Mގ� endstream endobj 167 0 obj <> endobj 168 0 obj <> endobj 169 0 obj <>stream The Myanmar framework on the right to nationality constitutes a unique, exclusive, ethnic citizenship system based on the jus sanguinis, ie, law of blood. Few Rohingya are believed to have applied because most were unaware of the 1948 Act or of its significance. The Law also grants the government the discretion to declare whether an ethnic group is a national. The particulars, including name, date of birth, place of birth, race & type of citizen, identity card No., and if death– date and place of the death. The law also states that national races who acquire citizenship of other countries and persons born of parents, both of whom are those foreign citizens cannot become Myanmar citizens”. This 1982 Citizenship Law, Pyithu Hluttaw law No. Then he tried to draw a citizenship law which later known as the citizenship law 1982. Thus, mentioning when the law or the act come into effect of into force is very much essential parts of this Law.  Not only that, at the article 6 of this 1982 Citizenship Law there mentioned that,” A person who is already a citizen on the date this Law comes into force is a citizen. The year 1823 was the year immediately prior to the first Anglo-Burmese law. Burma Law Times (1907-1920) Indian Law Reports Rangoon Series (1923-1937) Burma Law Journal (1922-1927) All India Reporter, Rangoon (1923-1937) Rangoon Law Reports (1937-1942 ; 1946-1947) Burma Law Reports (1948-1988) Myanmar Law Reports (1989-until now) 14 Renaud Egreteau Moussons n 22, 2013-2, 11-34 enduring negative perceptions of both India and the Indians in the Burmese post-colonial psyche (Egreteau 2011). The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be national law, since 1948.3 Section 3 of the 1982 Law attributes the “national races ” to eight specific ethnic groups.
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