A/HRC/32/18
19.
The right to nationality is a fundamental human right.13 The Citizenship Law of
1982, which provides for three types of citizenship, contravenes the principle of nondiscrimination, as the acquisition of nationality is based primarily on ethnicity rather than
on objective criteria.14 “Full” citizenship may be obtained through four different
mechanisms. Automatic acquisition of “full” citizenship is reserved for “nationals such as
the Kachin, Kayah, Karen (Kayin), Chin, Burman (Bamar), Mon, Arakan (Rakhine) or
Shan and ethnic groups who settled in Myanmar before 1823”.15 The list of 135 recognized
“national ethnic groups” whose members may acquire citizenship automatically does not
include the Rohingya or people of Chinese, Indian or Nepali descent. “Associate”
citizenship applies to those whose application for citizenship under the Citizenship Law of
1948 was pending when the law of 1982 came into force. “Naturalized” citizenship may be
granted to persons who provide “conclusive evidence” of entry and residence in Myanmar
before 1948, and their children born in Myanmar. It may also be granted under certain
circumstances by marriage or descent. In addition, applications for “naturalized” citizenship
must be at least 18 years of age, have a command of one of the national languages, be of
“good character” and of “sound mind”. “Associate” and “naturalized” citizens have fewer
rights than “full” citizens; for example, their citizenship may be revoked on broad-ranging
grounds.
20.
In 2015, the Parliament adopted a package of laws seeking to “protect race and
religion”. The laws discriminate against ethnic and religious minorities and women, in
violation of the State’s international obligations. The Religious Conversion Law established
a State-regulated system for changing religion, which contravenes the right to freedom of
religion or belief.16 The Population Control Health-Care Law adopts a selective and
coercive approach to population control, including a potential requirement of 36 months
between births, which would violate a woman’s right to choose the number and spacing of
her children.17 The law could be used to target areas with significant minority communities.
The Buddhist Women’s Special Marriage Law seeks to “protect” Buddhist women
marrying non-Buddhist men, in contravention of a woman’s right to choose freely her
spouse.18
IV. Patterns of human rights violations and abuses
A.
Incitement to hatred and religious intolerance
21.
The Constitution of Myanmar prohibits the abuse of religion for political purposes
and acts intended or likely to promote hatred, enmity or discord between racial or religious
communities. In accordance with international law, the State is required to uphold the right
of all persons in its territory to freedom of religion and the principle of nondiscrimination.19
13
14
15
16
17
18
19
6
operation”.
Universal Declaration of Human Rights, art. 15; Convention on the Rights of the Child, Art. 7;
Convention on the Elimination of All Forms of Discrimination against Women, art. 9.
Universal Declaration of Human Rights, art. 2.
Citizenship Law, sect. 3.
Universal Declaration of Human Rights, art. 18.
Ibid., arts. 12, 16; Convention on the Elimination of All Forms of Discrimination against Women, art.
16; Convention on the Rights of Persons with Disabilities, art. 23.
Convention on the Elimination of All Forms of Discrimination against Women art. 16.
Universal Declaration of Human Rights, arts. 2, 7 and 18.