Myanmar Citizenship Law မြန်မာနိုင်ငံသားဥပဒေ | |
---|---|
People's Assembly | |
Citation | Law No. 4 of 1982 |
Territorial extent | Myanmar |
Enacted by | People's Assembly |
Enacted | 15 October 1982 |
Commenced | 15 October 1982 |
Status: Amended |
The Nationality law of Myanmar currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 Citizenship Law. [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. [3] [4]
Under the Burma Residents Registration Act of 1949 and the 1951 Resident Registration Rules, Burmese citizens are required to obtain a National Registration Card (နိုင်ငံသားစိစစ်ရေးကတ်ပြား, NRC), while non-citizens are given a Foreign Registration Card (နိုင်ငံခြားသားစိစစ်ရေးကတ်ပြား, FRC). [5] Citizens whose parents hold FRCs are not allowed to run for public office. [6] In 1989, the government conducted a nationwide citizenship scrutiny process to replace NRCs with citizenship scrutiny cards (CSCs) to certify citizenship. [5]
Myanmar has a stratified citizenship system. Burmese citizens' rights are distinctively different depending on the category they belong to and based on how one's forebears acquired their own citizenship category.
The Burmese government issues several forms of identity cards to Burmese citizens and residents.
Citizenship scrutiny card နိုင်ငံသားစိစစ်ရေးကတ်ပြား | |
---|---|
Type | Identity card |
Issued by | Myanmar |
Purpose | Citizenship |
Valid in | Myanmar |
Eligibility | Burmese citizens |
Expiration | Varies |
Citizenship scrutiny cards (နိုင်ငံသားစိစစ်ရေးကတ်ပြား) are issued to prove Burmese citizenship. [5] Citizens are eligible to receive a citizenship scrutiny card once they turn 10 years old. [5] The cards are paper-based and handwritten, and are issued by local township administration offices. [7] Citizenship scrutiny cards denote the following details: [5]
Citizenship tier | Abbreviation (Burmese) | Documentation | Card colour |
---|---|---|---|
Full | နိုင် | Citizenship Scrutiny Card | Pink [5] |
Associate | ဧည့် | Associate Citizenship Scrutiny Card | Blue [5] |
Naturalised | ပြု | Naturalised Citizenship Scrutiny Card | Green [5] |
The Burmese government also issues three-folded national registration cards (NRCs) to prove residency. [5] Until 31 May 2015, temporary registration / identification certificates were issued as proof of identity and residence for non-citizens, including Burmese residents of Chinese, Indian, and Rohingya origin. [5] These were replaced with the turquoise-coloured identity card for national verification, introduced on 1 June 2015. [5] Foreign registration certificates with one-year validity periods are issued to foreigners residing in the country. [5]
The Ministry of Health issues birth certificates through township medical officers. [5] Birth certificates are used to add children into a family's household list, enroll in primary school, and apply for citizenship scrutiny cards. [5]
Dual citizenship is not recognised by Myanmar.
Foreigners who have been in the country since 1948 can also apply for nationality. [8]
Burmese law does not consider Rohingyas as one of the 135 legally recognised ethnic groups of Myanmar, [9] thus denying most of them Myanmar citizenship. [10] The official claim of the Government of Myanmar is that the Rohingya people are the "citizens of Bangladesh"; however, the Government of Bangladesh does not recognize this claim, thus leaving the Rohingya stateless.
An identity document is a document proving a person's identity.
A national identification number, national identity number, or national insurance number or JMBG/EMBG is used by the governments of many countries as a means of tracking their citizens, permanent residents, and temporary residents for the purposes of work, taxation, government benefits, health care, and other governmentally-related functions.
The Malaysian identity card is the compulsory identity card for Malaysian citizens aged 12 and above. The current identity card, known as MyKad, was introduced by the National Registration Department of Malaysia on 5 September 2001 as one of four MSC Malaysia flagship applications and a replacement for the High Quality Identity Card, Malaysia became the first country in the world to use an identification card that incorporates both photo identification and fingerprint biometric data on an in-built computer chip embedded in a piece of plastic. The main purpose of the card as a validation tool and proof of citizenship other than the birth certificate, MyKad may also serve as a valid driver's license, an ATM card, an electronic purse, and a public key, among other applications, as part of the Malaysian Government Multipurpose Card (GMPC) initiative, if the bearer chooses to activate the functions.
The Rohingya people are a stateless ethnic group who predominantly follow Islam and reside in Rakhine State, Myanmar. Before the Rohingya genocide in 2017, when over 740,000 fled to Bangladesh, an estimated 1.4 million Rohingya lived in Myanmar. Described by journalists and news outlets as one of the most persecuted minorities in the world, the Rohingya are denied citizenship under the 1982 Myanmar nationality law. There are also restrictions on their freedom of movement, access to state education and civil service jobs. The legal conditions faced by the Rohingya in Myanmar have been compared to apartheid by some academics, analysts and political figures, including Nobel laureate Bishop Desmond Tutu, a South African anti-apartheid activist. The most recent mass displacement of Rohingya in 2017 led the International Criminal Court to investigate crimes against humanity, and the International Court of Justice to investigate genocide.
In the United States, identity documents are typically the regional state-issued driver's license or identity card, while also the Social Security card and the United States passport card may serve as national identification. The United States passport itself also may serve as identification. There is, however, no official "national identity card" in the United States, in the sense that there is no federal agency with nationwide jurisdiction that directly issues an identity document to all US citizens for mandatory regular use.
Teudat Zehut or Huwiyyah is the Israeli compulsory identity document issued by the Ministry of Interior, as prescribed in the Identity Card Carrying and Displaying Act of 1982: "Any resident sixteen years of age or older must at all times carry an Identity card, and present it upon demand to a senior police officer, head of Municipal or Regional Authority, or a policeman or member of the Armed forces on duty." According to a precedent from 2011, residents are entitled to refuse presenting the card, unless the state-official has a reason to suspect that they have committed an offence.
Since its independence in 1947, India has accepted various groups of refugees from neighbouring countries, including partition refugees from former British Indian territories that now constitute Pakistan and Bangladesh, Tibetan refugees that arrived in 1959, Chakma refugees from present day Bangladesh in early 1960s, other Bangladeshi refugees in 1965 and 1971, Sri Lankan Tamil refugees from the 1980s and most recently Rohingya refugees from Myanmar. In 1992, India was seen to be hosting 400,000 refugees from eight countries. According to records with the Union Ministry of Home Affairs, as on January 1,2021, there were 58,843 Sri Lankan refugees staying in 108 refugee camps in Tamil Nadu and 54 in Odisha and 72,312 Tibetan refugees have been living in India.
The Republic of China national identification card, commonly known as the national identification card of Taiwan, is a compulsory identity document issued to people who hold both nationality and household registration in Taiwan. The National Identification Card served as the evidence for the household registration in Taiwan which grants the holder the right of abode and full civil and political rights in Taiwan. The card is used for virtually all other activities that require identity verification within Taiwan such as opening bank accounts and voting.
A travel document is an identity document issued by a government or international entity pursuant to international agreements to enable individuals to clear border control measures. Travel documents usually assure other governments that the bearer may return to the issuing country, and are often issued in booklet form to allow other governments to place visas as well as entry and exit stamps into them.
Bilhete de Identidade, commonly abbreviated as BI, was the national identity card of Portugal. Established in 1919, the BI is gradually being replaced by the Cartão de Cidadão since 2008. BI's are valid for five years from date of issue for people under the age of 25, and then for ten years, and can be renewed 6 months before expiry. It is mandatory for all citizens above the age of 10, and available optionally for children.
A German passport is an identity document issued to nationals of Germany for the purpose of international travel. A German passport is, besides the German ID card and the German Emergency Travel Document, the only other officially recognised document that German authorities will routinely accept as proof of identity from German citizens. Besides serving as proof of identity and presumption of German nationality, they facilitate the process of securing assistance from German consular officials abroad. German passports are valid for ten years or six years and share the standardised layout and burgundy red design with other EU passports. Every German citizen is also a citizen of the European Union. The passport, along with the national identity card, allows for free rights of movement and residence in any of the states of the European Union, European Economic Area and Switzerland.
Myanmar has been under the rule of repressive authoritarian military regimes since 1962. After the 1974 Socialist constitution was suspended in 1988, constitutional protection of religious freedom has not existed, after the bloody suppression of the 8888 Uprising. The authorities generally permitted most adherents of registered religious groups to worship as they choose; however, the government imposed restrictions on certain religious activities and is accused of abusing the right to freedom of religion.
The nationality law of Bangladesh governs the issues of citizenship and nationality of the People's Republic of Bangladesh. The law regulates the nationality and citizenship status of all people who live in Bangladesh as well as all people who are of Bangladeshi descent. It allows the children of expatriates, foreigners as well as residents in Bangladesh to examine their citizenship status and if necessary, apply for and obtain citizenship of Bangladesh.
In 2015, hundreds of thousands of Rohingya people were forcibly displaced from their villages and IDP camps in Rakhine State, Myanmar, due to sectarian violence. Nearly one million fled to neighbouring Bangladesh and some travelled to Southeast Asian countries including Malaysia, Indonesia, Cambodia, Laos and Thailand by rickety boats via the waters of the Strait of Malacca, Bay of Bengal and the Andaman Sea.
The National Register of Citizens for Assam is a registry (NRC) meant to be maintained by the Government of India for the state of Assam. It is expected to contain the names and certain relevant information for the identification of genuine Indian citizens in the state. The register for Assam was first prepared after the 1951 Census of India. Since then it was not updated until the major "updation exercise" conducted during 2013–2019, which caused numerous difficulties. In 2019, the government also declared its intention of creating such a registry for the whole of India, leading to major protests all over the country.
An illegal immigrant in India is a foreigner who has entered India either without valid documents or who initially had a valid document, but has overstayed beyond the permitted time, as per the general provisions of the Citizenship Act as amended in 2003. Such persons are not eligible for citizenship by registration or naturalisation. They are also liable to be imprisoned for 2–8 years and fined.
The National Identity Card or NID card is a compulsory identity document issued to every Bangladeshi citizen upon turning 18 years of age by Bangladesh Election Commission (EC). The NID is also a biometric, microchip embedded smart identity card. The NID is required by Bangladeshi citizens for multiple essential public services & private services in Bangladesh. Initially, paper-based laminated NID cards were issued in 2006. Then, the paper-based laminated NID cards were replaced by the Smart NID cards in 2016. This was done to ensure security for the cardholder as well as prevent counterfeiting and fraudulence. Bangladesh government provides the Smart NID card with zero cost for all above 14 years Bangladeshi citizens.
The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955 by providing an accelerated pathway to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh and Pakistan who arrived in India by 2014. The eligible minorities were stated as Hindus, Sikhs, Buddhists, Jains, Parsis or Christians. The law does not grant such eligibility to Muslims from these countries. Additionally, the act excludes 58,000 Sri Lankan Tamil refugees, who have lived in India since the 1980s. The act was the first time that religion had been overtly used as a criterion for citizenship under Indian law, and it attracted global criticism.
The National Register of Citizens (NRC) is meant to be a register of all Indian citizens whose creation was mandated by the 2003 amendment of the Citizenship Act, 1955. Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported. It has been implemented for the state of Assam starting in 2013–2014. The Government of India announced plans to implement it for the rest of the country in 2021, but it has not yet been implemented.
The Citizenship (Amendment) Act, 2003 was passed by the Parliament of India in December 2003, and received presidential assent in January 2004. It is labelled "Act 6 of 2004".