Myanmar urged to amend its citizenship law
Tuesday, 10 July 2012
T Navajyoti in Guwahati, Assam, India
Various pro-democracy and civil society groups have urged Myanmar to frame a new citizenship law. Commenting on the recent situation in Rakhine (Arakan) State, where many Rohingya families were targeted by unruly people, the groups have also urged the government to deal with the situation appropriately.
Endorsed by over 25 organisations, a statement quoted Nobel laureate Aung San Suu Kyi as saying in Europe recently, "If we were very clear as to who are the citizens of the country, under citizenship laws, then there wouldn't be the problem that is always coming up, that there are accusations that some people do not belong in Bangladesh, or some people do not belong in Myanmar."
The Citizenship Law introduced by General Ne Win in 1982 is not compatible with the Universal Declaration of Human Rights or with Myanmar's legal obligations under international treaties. It arbitrarily stripped many people in Myanmar of the right to citizenship.
The 1982 Citizenship Law should be repealed, and replaced with a new law founded on basic principles of human rights. The new law should honour equality and non-discrimination, and help create an inclusive and tolerant Myanmar.
The law should comply with Myanmar's obligations under the United Nations Convention of the Rights of the Child, to which it is a signatory. Article 07 of this Convention states:
1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
The new law should also be compatible with the Universal Declaration of Human Rights, which states in Article 15:
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality
"We call upon the government of Burma, the National League for Democracy and all political parties in Burma to support the repeal of the 1982 Citizenship Law, and for it to be replaced with a new law based on principles of human rights and equality, in particular on Burma's obligations under Article 07 of the Convention on the Rights of the Child, ratified in 1991," said a statement signed by International Federation for Human Rights, Altsean-Myanmar, Asia Pacific Solidarity Coalition, Asian Forum for Human Rights and Development, Burma Action Ireland, Burma Campaign Australia, Burma Campaign UK, Burma Partnership, Chin Human Rights Organisation, Christian Solidarity Worldwide, Forum for Democracy in Burma, Free Burma Campaign (South Africa), Norwegian Burma Committee, Odhikar, People's Forum on Burma (Japan), Swedish Burma Committee, US Campaign for Burma etc.
It also added, "We call upon the United Nations, our own governments, and the rest of the international community to express support for the repeal of the 1982 Citizenship Law, and for it to be replaced with a new law based on principles of human rights and equality. Governments and the United Nations
should encourage all parties in Burma to support such reform, and provide technical assistance and support, where required, in the drafting of a new law."
navathakuria@gmail.com
Various pro-democracy and civil society groups have urged Myanmar to frame a new citizenship law. Commenting on the recent situation in Rakhine (Arakan) State, where many Rohingya families were targeted by unruly people, the groups have also urged the government to deal with the situation appropriately.
Endorsed by over 25 organisations, a statement quoted Nobel laureate Aung San Suu Kyi as saying in Europe recently, "If we were very clear as to who are the citizens of the country, under citizenship laws, then there wouldn't be the problem that is always coming up, that there are accusations that some people do not belong in Bangladesh, or some people do not belong in Myanmar."
The Citizenship Law introduced by General Ne Win in 1982 is not compatible with the Universal Declaration of Human Rights or with Myanmar's legal obligations under international treaties. It arbitrarily stripped many people in Myanmar of the right to citizenship.
The 1982 Citizenship Law should be repealed, and replaced with a new law founded on basic principles of human rights. The new law should honour equality and non-discrimination, and help create an inclusive and tolerant Myanmar.
The law should comply with Myanmar's obligations under the United Nations Convention of the Rights of the Child, to which it is a signatory. Article 07 of this Convention states:
1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
The new law should also be compatible with the Universal Declaration of Human Rights, which states in Article 15:
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality
"We call upon the government of Burma, the National League for Democracy and all political parties in Burma to support the repeal of the 1982 Citizenship Law, and for it to be replaced with a new law based on principles of human rights and equality, in particular on Burma's obligations under Article 07 of the Convention on the Rights of the Child, ratified in 1991," said a statement signed by International Federation for Human Rights, Altsean-Myanmar, Asia Pacific Solidarity Coalition, Asian Forum for Human Rights and Development, Burma Action Ireland, Burma Campaign Australia, Burma Campaign UK, Burma Partnership, Chin Human Rights Organisation, Christian Solidarity Worldwide, Forum for Democracy in Burma, Free Burma Campaign (South Africa), Norwegian Burma Committee, Odhikar, People's Forum on Burma (Japan), Swedish Burma Committee, US Campaign for Burma etc.
It also added, "We call upon the United Nations, our own governments, and the rest of the international community to express support for the repeal of the 1982 Citizenship Law, and for it to be replaced with a new law based on principles of human rights and equality. Governments and the United Nations
should encourage all parties in Burma to support such reform, and provide technical assistance and support, where required, in the drafting of a new law."
navathakuria@gmail.com