2018
DOI: 10.1111/imig.12532
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The National Laws of Myanmar: Making of Statelessness for the Rohingya

Abstract: 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. A doctrinal analysis demonstrates that: (i) the earlier Constitutions and laws provided citizenship for the Rohingya (where they were identified as an ethnic minority); and (ii) their status has been changed gradually under the later constitutions and legislations until recently, when they are reg… Show more

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Cited by 31 publications
(12 citation statements)
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“…Unfortunately, the situation took a turn to the worse for Rohingyas after the 1962 military coup, and in 1982, under the then-new citizenship law, they were stripped of the right to full citizenship, thus becoming stateless in their own country (Parashar & Alam 2019). For decades, the army-led administrations in Myanmar consistently discriminated against the Rohingya, leaving them with extremely limited access to education, health care, and other basic rights.…”
Section: Brief Historical Backgroundmentioning
confidence: 99%
“…Unfortunately, the situation took a turn to the worse for Rohingyas after the 1962 military coup, and in 1982, under the then-new citizenship law, they were stripped of the right to full citizenship, thus becoming stateless in their own country (Parashar & Alam 2019). For decades, the army-led administrations in Myanmar consistently discriminated against the Rohingya, leaving them with extremely limited access to education, health care, and other basic rights.…”
Section: Brief Historical Backgroundmentioning
confidence: 99%
“…In postcolonial age the countries in South-East Asia used the concept of "indigeny" to distinguish the local inhabitants from outsiders (Parashar & Alam, 2018). Ardeth Maung Thawnghmung reveals how the Rakhine Buddhists and Muslims rely on the concept of "indigeneity" to assert their claims as citizens (Thawnghmung, 2016).…”
Section: Literature Reviewmentioning
confidence: 99%
“…The government order giving them citizenship is nothing but a facade. The earlier constitutions (1947, 1974) and Citizenship Law of 1982 did provide citizenship to the Rohingyas, but the 2008 constitution stripped them of this (Parashar and Alam, 2019). A Rohingya must prove that both their parents are nationals of the Republic of the Union of Myanmar.…”
Section: Reflections On the Application Of Post-truth Politics In Myamentioning
confidence: 99%
“…A Rohingya must prove that both their parents are nationals of the Republic of the Union of Myanmar. This remains impossible and impractical for the Rohingyas, “as the majority of parents of the Rohingyas do not hold any document to show that they are nationals of the Republic” (Parashar and Alam, 2019: 102). This is one way of ostracizing the Rohingyas from their rightful claim as citizens.…”
Section: Reflections On the Application Of Post-truth Politics In Myamentioning
confidence: 99%