1948 union citizenship law, myanmar

appearance in Court under section 6(1) of the Union Citizenship (Election) Act 1948 is restricted to the hearing stage only and they are not exempted from personal appearance in Court for the purpose of declaration of renunciation of foreign nationality under section 8 (4) of the Act. Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 Citizenship Law. A “Certificate of citizenship” is issued to them. Act, 1948, apply for naturalized citizenship to the Central Body, furnishing conclusive evidence. 27. In 1982, Burma Citizenship Law was enacted for the sake of those who had settled down on Myanmar soil and made a living honestly. Naturalized citizens are those who lived in Burma before 4 January 1948 and applied for citizenship after 1982. citizenship status. An analysis by Amnesty International of discrimination against the Rohingya, especially over citizenship. So, apart from these criteria, no one can be a citizen. (1) This Act may be called the Union Citizenship Act, 1948. The Myanmar framework on the right to nationality constitutes a unique, exclusive, ethnic citizenship system based on the jus sanguinis, ie, law of blood. 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. Under the Section 18 of this Law the penalty for falsifying racial identity is up to ten years of imprisonment and fine of kyats fifty thousand. The following persons, born in or outside the State, from the date this Law comes into . %PDF-1.4 %���� As it was approved and passed in 1982, it was called “Burma Citizenship Law 1982”. 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.  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. 27. Thus, mentioning when the law or the act come into effect of into force is very much essential parts of this Law. However, no action or reaction was made by the government. Citizenship Law, No. By Aman Ullah. 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) 24 Sections 42 to 44 of the 1982 Burma Citizenship Law on the qualifications required for Burmese naturalized citizenship read: 42. Associate citizens are defined in the Union Citizenship Act of 1948 as anyone who was born after Burma’s independence in 1948 and is only extended to those children whose parents qualify as … Author’s translation. Associate citizens are those who acquired citizenship through the 1948 Union Citizenship Law. Naturalized and associate citizenship is open to anyone who entered, or whose parents entered, Myanmar after 1948, or who has a Foreign Registration Card. 02/03/2017. Reportedly, since the draft law was published in April 1982, at least six members of the 475 strong People’s Assembly—selected in 1982—have resigned because of their foreign ancestry they perhaps feared state appraisal if their origin was exposed later. The country has. By Naf Sailor on May 19, 2019 . [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. In other words, it is an act whereby the people are enabled to know the law. 1948 Union Citizenship Act and 1948 Union Citizenship (Election) Act and related documents 1. The term “the date this Law comes into force” are mentioned in the articles 38, 43, 45, 52, and 61 of this 1982 citizenship law also. Up to 1982, there were only two types of people; citizen and foreigner but a new citizenship law was passed in 1982 which classified people in different groups. Why aren’t they recognised? Myanmar’s first Prime Minister, U Nu, is reported to have referred to the Rohingya by name in a 1954 radio address, as “… our nationals, our brethren”. As Ne Win became only Party head since 1981, U San Yu was the then Chairman of the State Council and President. The National Coalition Government of the Union of Burma (NCGUB) states that the 1982 citizenship law was designed specifically to deny citizenship to the Rohingya. The Myanmar Citizenship Law was enacted in 1982 by repealing the Union Citizenship Act 1948. Few Rohingya are believed to have applied because most were unaware of the 1948 Act or of its significance. Unlike 1948 Citizenship Act, the 1982 law is essentially the principle of jus sanguinis and has repealed the Union Citizenship (Election) Act, 1948, and the Union Citizenship Act, 1948. Naturalised citizens are those who lived in Myanmar before … of the Union, to acquire property and to follow any occupation, trade, business or profession. Unlike 1947 Constitution and 1948 Citizenship Law, 1982 Citizenship Law established three-tired system of citizenship (full, associate and naturalized), which is actually more a question of categorisation and discrimination, and is an instrument of oppression against Rohingyas and … It contains 8 Chapters and 76 sections recognizes three categories of citizens, namely citizen, associate citizen and naturalized citizen, Under that law, citizenships is decided based on prescriptions of laws, not on racial and religions. Government of the Union of Burma 1974. Myanmar’s legal framework for citizenship is incompatible with bedrock rule of law and democratic principles. The year 1823 was the year immediately prior to the first Anglo-Burmese law. h�bbd``b`�N@��,�$X��Xi ��"d@�=��It ��@�9�w����L�� C ��~ �w made under Registration of Residents in the Union of Myanmar Act, 1949; (h) Ex- Myanmar Citizen means a citizen who is prescribed by the Myanmar Citizenship Law or a person who has held associate citizen scrutiny card or naturalized citizen scrutiny card or national registration card and a person 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. During the British rule between 1824 to 1948, many labourers moved to Myanmar from Bangladesh, much to the resentment of majority Buddhist population. 166 0 obj <> endobj 183 0 obj <>/Filter/FlateDecode/ID[<2CEE8203D7344B49B7BEB406073695F1>]/Index[166 27]/Info 165 0 R/Length 85/Prev 1492886/Root 167 0 R/Size 193/Type/XRef/W[1 2 1]>>stream 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. However, those citizens are not allowed to become diplomats, members of parliament or run for president or … Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 Citizenship Law. The Burma Citizenship Act of 1982 granted citizenship to individuals residing in Burma who could trace their family residency to prior to 1823, that is, the year of the first British military campaign on Myanmar and with it, a wave of immigration from India and China. 2. They can do and can’t do anything they want. The Union Citizenship Act, 1948 and Land Natio- nalization Act, 1948 (the latter revised in 1953) both proved strong obstacles for the Indian communities to repatriate back to independent Burma and recover their 1982/4, neither mention the date of commencement as the part of this law nor there were enactment or resolution regarding this in any next sessions of parliament. The Rohingya vote in the 1st Constituent Assembly Elections. 28. According to Constitutions of the Countries of the World, the government of Myanmar enacted a new citizenship law in 1982 which "designated three categories of citizens: (1) the true Burmese or members of native ethnic groups or those already registered under the 1948 legislation, (2) associate citizens and (3) naturalized citizens. The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be Find books Most of the laws and acts were attached clauses about the about commencement. 18. 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. Human Rights and Statelessness 1948 to 1961. Once Burma won independence in 1945, the government passed the Union Citizenship Act (pdf), which detailed the ethnicities “indigenous” to Myanmar. Insofar as its application condemns large numbers of people to second-class status and is grossly discriminatory against ethnic minorities, it infringes the prohibition against discrimination on the grounds of race, religion or national or social origin. The laws on citizenship are tough in Myanmar. Laws usually stipulate in their attached clauses when they come into effect. 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. 2) Legal Citizen: Citizens who are not nationals but qualify to become a Myanmar citizen according to the legal framework. The USDP and Thein Sein’s Government intentionally try to use this dead law as a legal law against the Muslims of not only Arakan but also throughout country while this law is also contrary even to the 2008 Constitution. 1982. Subject to regulation by the law of the Union trade, commerce and intercourse among the units shall be free: Provided that any unit may by law impose reasonable restrictions in the interests of public order, morality, health or safety. $ endstream endobj startxref 0 %%EOF 192 0 obj <>stream Only those born to Myanmar citizens are granted automatic citizenship under the country’s laws.  A law is said to “come into effect” or “come into force” when it generally and actually takes effect and starts to apply. of the Union in his relations with foreign States. This article examines the legal status of the Rohingya in Myanmar by analysing relevant constitutional provisions (of 1947, 1974 and 2008) and other major citizenship legislations including the Citizenship Law, 1982. However, as the Plan-A of Ne Win was not success then he started with his Plan-B that is a legal instrument which may made all the Rohingya illegal status. 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. 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. Associate citizenship was for those whose application for citizenship under the 1948 citizenship law was pending when the 1982 law came into force. The country has Without this one cannot say that this Law is in force or not and it will remain as silent law. The law signified a considerable shift towards an exclusively ethnic conception of citizenship from the 1947 Constitution of Burma and the 1948 Union Citizenship Law, which defined belonging to the indigenous races as criteria for accessing citizenship, but also allowed naturalisation through residence. Under international pressure, Burma agreed to “take back” the Rohingyas in the repatriation agreement with Bangladesh. So they are not citizens by birth. After the enactment of the Foreign Investment Law in 2012, the Myanmar Citizen Investment Law was enacted in 2013. Ne Win completed this law with the help of Dr. Maung Maung before October 1982.  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.  “Every Act shall be promulgated by the President of the Union by publication under his direction in the Gazette.” According to the Article 2 (24) of the Burma General Clauses Act 1898, “Gazette shall mean the Official Gazette for the Union of Burma.” Promulgation is to ensure that a newly enacted law becomes widely known by the public. 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). 1947 Nu-Atlee Agreement Vs Burma Citizenship Law 1982. (2) It shall extend to the whole of the Union of Burma and shall be deemed to have come into force on the 4th day of January, 1948, 9th Waning, Pyatho, 1390 B. E. 2. Back of the Union Identity Card can be called standard as it didn’t mention the person’s race and religion. Associate citizens are those who acquired citizenship through the 1948 Union Citizenship Law. 1948: Independent Union of Burma is created.  U Khin Yi, the then Union Minister for Immigration and Population Affairs, in his speech in Parliament on 18 June 2013, he mentioned that, “Even though they are Kachin, Kayah, Kayin, Chin, Burma, Mon, Rakhine and Shan, they are not national races if they permanently live in other countries, not in Myanmar.  The Citizenship Law contravenes several international human rights standards, including Article 15 of the Universal Declaration of Human Rights and the Convention on the Reduction of Statelessness. 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. 10. The applicant needs to give all the particulars information including the history of his/her education and occupation and submit the form with his/her fingerprints of both hands and toe prints of both legs. 43. Shortly after Myanmar’s independence from the British in 1948, the Union Citizenship Act was passed, defining which ethnicities could gain citizenship. When a law is promulgated, it is given a serial number and signed by both the state minister responsible for the law and the Prime Minister/President. (2nd January, 1948.) Myanmar’s legal framework for citizenship is incompatible with bedrock rule of law and democratic principles. But This Burma Citizenship Law 1982 did not follow such procedure. 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. Associate citizenship only applies to individuals who had already applied for citizenship under the Union Citizenship Act 1948. Union Citizenship (Election) Act, 1948 or the Union Citizenship Act, 1948 or this Law; (g) "Certificate of Associate Citizenship" means a certificate of associate citizenship granted under this Law; (h) "Certificate of Naturalized Citizenship" means a certificate of naturalized citizenship granted under this Law; (i) "Central Body established under this Law. The Burma citizenship Law of 1982 contained following expressions: 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. On 4th July 1980 in the Government Daily Guardian Newspaper, an official communiqué was published, under the caption: Socialist Republic of the Union of Burma-Law Commission-Paper on Solicitation of Public Opinion Regarding the Drafting of the Citizenship Law. Except in times of invasion, rebellion, insurrection or grave emergency, no citizen shall be denied redress by due process of law for any actionable wrong done to or suffered by him. The Constitution of the Socialist Republic of the Union of Burma. 1948 Citizenship Act and other post-independence documentation laws, the 1974 Constitution, the 1982 Citizenship Law, and the 2008 Constitution. No one can revoke their citizenship without a strong reason. Effective 4 January 1948 ... his election of citizenship of the Union in the manner and within the time prescribed by law, shall be a citizen of the Union. Since then, many more immigrants from neighboring countries have been awarded Myanmar citizenship in line with the provisions stipulated in 1982 Burma Citizenship Law. 3. Before presenting key legal documents such as the Union Citizenship (Election) Act of 1948 or, as will be obvious to anyone who has followed the Rakhine crisis, the 1982 Citizenship Law, South and Lall remind us that “citizenship in Myanmar has to a significant degree been dependent on membership of a taingyintha”, a national race, also referred to as lu myo. A “Certificate of Naturalized Citizenship” is issued for this category. General Ne win launched an anti-Rohingya military operation in the Code name of King Dragon in the guise of checking illegal immigrant in 1978. Naturalized citizens are those who lived in Burma before 4 January 1948 and applied for citizenship after 1982. which excluded from full citizenship persons whose ancestors were deemed to have settled in 3 Regular naturalisation in Myanmar is only possible from a theoretical perspective for persons who have entered and resided in its territory before 4 January 1948 (Article 42 of the 1982 Citizenship Law). This 1982 Citizenship Law, Pyithu Hluttaw law No. There are more than 20 million Chinese legally and illegally entered into Burma since SLORC regime. Subscribe. The 3rd generation of residents who arrived before 1948 will be issued “Certificate of Citizenship” automatically even though they are not ‘nationals’. Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 Citizenship Law. Login.

Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 Citizenship Law. 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. 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. 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.”. However he and his BSPP government did not enforced it during their term and set it as dead law. Only those born to Myanmar citizens are granted automatic citizenship under the country’s laws. 1. Its objective is to establish a level-playing field for local and foreign investors by providing a legal framework and incentives for investment by Myanmar government. Associate citizens are people who applied under the 1948 Citizenship Act, which is a looser concept of citizenship – a foreigner could then be granted citizenship if they had been living no less than five years in Burma, spoke an indigenous language and respected the law of the land. It shall come into force on such date as the President of the Union may, by notification, direct. It also suggests that the granting of citizenship and citizenship right entitlements as prescribed by the 2008 Union of Myanmar Constitution will alleviate the human insecurity and suffering of the Rohingyas and will also be to the benefit of the development of the Republic of the Union of Myanmar. For example: –o The Registration of Foreigners Act 1940, As per article 1, This act shall come into force on the 28th arch 1940.o The Burma Immigration (Emergency Provisions) Act, 1947, as per article 1 (2) It shall come into force at once. ... An historical review of citizenship law in Myanmar, with emphasis on the current situation. Naturalized citizens are those who lived in Burma before 4 January 1948 and applied for citizenship after 1982. Citizenship Law, section 5. But he and his government do not make any concern to these Chinese and Bangladeshi Buddhists issue. 1) Native Citizens: Nationals such as Kachin, Kayah, Kayin, Chin, Bamar, Mon, Rakhine, Shan & other ethnic groups who have been settled in the territory of Myanmar since 1823 and their descendants. Myanmar’s legal framework for citizenship is incompatible with bedrock rule of law and democratic principles. A law must be promulgated before it actually takes effect. Global New Light Of Myanmar Myanmar's oldest English daily. Myanmar nationality law currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 Citizenship Law. He/she has to give the particular information of his/her siblings; his/her parents and their siblings, his/her grandparents of both fraternal and maternal sides and their siblings, the parents of all their grandparents and their siblings, the applicant’s children and their children. The laws on citizenship are tough in Myanmar. 1. 1959: Rohingya recognised as race with equal rights, by Prime Minister U Ba Sue. The Myanmar Citizenship Law was enacted in 1982 by repealing the Union Citizenship Act 1948. Under section 3, only members of ethnic groups that settled within Myanmar prior to 1823 are automatically eligible for Myanmar citizenship. No one holding a stay permit can become a Myanmar citizen under the 1982 Citizenship Law, which replaced the 1948 Union Citizenship Act. Overview. 24. 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”. The law signified a considerable shift towards an exclusively ethnic conception of citizenship from the 1947 Constitution of Burma and the 1948 Union Citizenship Law, which defined belonging to the indigenous races as criteria for accessing citizenship, but also allowed naturalisation through residence. Associate citizens are those who acquired citizenship through the 1948 Union Citizenship Law. Download books for free. 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 Chairman of the Council of State, on 15 October 1982, promulgated a citizenship law as Pyithu Hluttaw law No. Based on how one’s forebears obtained citizenship, Ne Win stratified citizenship into three status groups: full, … 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. 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. A “Certificate of Associate Citizenship” is issued for this category. 28. o The Union Citizenship Act, 1948, as per Article 2 (1) it shall extend to the whole of the Burma and shall be deemed to have come into force on the 4th day of January, 1948. Under this law, full citizenship is primarily based on membership of the “national races” who are considered by the State to have settled in Myanmar prior to 1824, the date of first occupation by the British. Shares. The 3rd generation of residents who do not have these qualifications cannot be a citizen either. Associate citizens are those who acquired citizenship through the 1948 Union Citizenship Law. But the Rohingyas had enjoyed the right to vote and the right to be elected as people’s representatives to the Organ of State power at different levels in that election in the said election of 1986. The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be Their only interest is to wipe out the identity and existence of Rohingya from the soil of Arakan. of the Union in his relations with foreign States. Dual citizenship . entered and resided in its territory before 4 January 1948 (Article 42 of the 1982 Citizenship Law). As the citizenship status was changed by the Law… Constitution of the Union of Burma, 1947 Under the post-independence citizenship regime, Myanmar had only one category of citizenship.13 The Dual citizenship is not recognised by Myanmar. The Rohingya Minority: Fundamental Rights Denied - Amnesty International May 2004. According to this law, only a person whose parents have had their naturalization of citizenship or a certificate of citizenship or a certificate of guest citizenship can be a citizen. 12. How in Myanmar “National Races” Came to Surpass Citizenship and Exclude Rohingya | Cheesman, Nick | download | BookSC. national law, since 1948.3 Section 3 of the 1982 Law attributes the “national races ” to eight specific ethnic groups. o The Union Citizenship Act, 1948, as per Article 2 (1) it shall extend to the whole of the Burma and shall be deemed to have come into force on the 4th day of January, 1948. It is hereby enacted as follows: ‐ PART I. The law also violates the Convention on the Rights of the Child, which Burma under the SLORC has ratified, and under which States are obliged to “respect the right of the child to preserve his or her identity, including nationality…” and for every child immediately after birth to have the right to acquire a nationality. Each and every one of the Rohingya of Arakan timely submitted to the concerned authorities after completely filling the form with Rohingya as their identity. hތT�N�@��}�����$���"B����l��G�R����p��a4��ٙ�s̝"�p� g�.,4DhG���y�$�3�-����,V1Es�. The Myanmar framework on the right to nationality constitutes a unique, exclusive, ethnic citizenship system based on the jus sanguinis, ie, law of blood. Except in times of invasion, rebellion, insurrection or grave emergency, no citizen shall be denied redress by due process of law for any actionable wrong done to or suffered by him. Search Rohingya News, Analysis, Opinion, Evidence and Videos from Rvision, A legal briefing by The International Commission of Jurists (ICJ), Kyaukpyu Special Economic Zone: A Devastation Project for Peoples of Arakan, Myanmar: The Real Reason Behind 2012-13 Anti-Muslim Violence, 1947 Nu-Atlee Agreement Vs Burma Citizenship Law 1982, Azeem Ibrahim: Why democracy in Myanmar was so easily crushed, Aung San Suu Kyi: Short Sighted Political Figure, Press Release: UN Human Rights Council Myanmar Review: Recommendations Must Be Enforced, Citizenship and Safety of Rohingya need addressing says UNHCR Chief Filippo Grandi, Biden Administration to Review Rohingya Genocide Case, Sesame Workshop Bets on Power of Representation With New Rohingya Muppets, More than 100 UK MPs want intervention in Rohingya genocide case, British Government must join ICJ Rohingya Genocide case against Myanmar Says Rohingya Organizations worldwide, Wirathu: Face of Buddhist terror, Surrenders to Myanmar Police. THE UNION MILITARY POLICE ACT. 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 The laws on citizenship are tough in Myanmar. About 300,000 Rohingyas had sought refuge across the border in southern Bangladesh amidst widespread reports of army brutality, rape and murder. 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 Law introduced a corresponding hierarchy of citizenship categories that effectively prescribes first-class and second-class citizens based on this framework.

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