BHRN welcomes pledge by People’s Assembly to revoke 1982 Myanmar Citizenship Law

A Rohingya refugee from Myanmar holds a sign during a protest against the disputed repatriation program at the Unchiprang refugee camp near Teknaf, Cox’s Bazar district, in southeastern Bangladesh, Nov. 15, 2018/Photo:AFP

Mizzima

The Burma Human Rights Network (BHRN) has released a statement praising the pledge by the Second People’s Assembly to revoke Myanmar’s 1982 citizenship law once the junta is deposed.

Under the 1982 Citizenship Law citizens of Myanmar must be part of 135 officially designated ‘national races’ or ethnicities. Unfortunately, not all ethnicities found in Myanmar, including the Rohingya, are included in the list of 135, meaning that such people are ineligible to receive Myanmar citizenship, even if they and their ancestors have lived in Myanmar for generations.

The decision to revoke the 1982 Citizenship Law was made at the Second People’s Assembly held from 4 to 9 April 2024. It was convened by the National Unity Consultative Council’s (NUCC), an advisory body to the National Unity Government (NUG) made up of 27 organisations from civil society, ethnic groups and ethnic armed organisations.

Below is the statement by BHRN praising the decision:

Burma Human Rights Network (BHRN), wholeheartedly appreciate the decision made by the People’s Assembly organised by the National Unity Consultative Council (NUCC) to abolish the 1982 Myanmar citizenship law, commonly known as the Rohingya Genocide law. This landmark decision represents a significant milestone in the ongoing spring revolution journey toward fostering unity, inclusivity, and respect for all individuals within Burma.

The 1982 Myanmar Citizenship Law was formulated based on dictator Ne Win’s ideology of Burmanization, xenophobia, and racial discrimination. It has systematically discriminated against the Rohingya community, ultimately contributing to the Rohingya genocide.

Similarly, thousands of Muslims from Southern Burma have become stateless along the Thai-Burma border. Additionally, other Muslim minority groups such as Pathi, Pashu, Kaman, Myaydu, and Panthay, as well as other religious minority groups such as Hindus, Gurkha, Sikhs, Bahais, and Christians, have faced similar discriminatory experiences in expressing their identities while seeking citizenship. BHRN hopes these issues can be similarly resolved.

BHRN’s Executive Director Kyaw Win said, “Burma’s discriminatory Citizenship Law is a blight on the country’s history. By reversing this law, the People’s Assembly and the NUCC are strongly signaling they intend to separate themselves from the bigotry of the Tatmadaw. As the junta loses ground in the civil war, it is vital that planning takes place now to ensure that Burma’s next phase is one of equality and harmony for all its people. We welcome this first step and encourage further action to protect the citizenship and status of all Burma’s people.”

The 1982 citizenship law established three types of citizenship: citizen, associate citizen, and naturalized citizen. However, no clear articles or administrative processes exist for individuals to attain citizenship after holding associate or naturalized citizenship identities. Implementation of the law is rife with corruption, leading to instances where even siblings from the same household hold different identity documents.

As a result of this law and its implementation, minority communities face the risk of statelessness and limited access to education, property rights, healthcare, higher employment, and other essential services. Therefore, by undergoing the legal process to abolish this discriminatory law, the revolution in Burma reaffirms its commitment to upholding the principles of equality, justice, and human rights for all citizens.

We commend the efforts of all those involved in this decision and urge for the swift abolition of the law is crucial to continue progress towards building a more harmonious and inclusive society. Finally, a new citizenship law must be based on human rights norms and should be only one type of citizenship for everyone equally.

BHRN is based in London and operates across Burma/Myanmar working for human rights, minority rights and religious freedom in the country. BHRN has played a crucial role in advocating for human rights and religious freedom with politicians and world leaders.