5.2.2

PREVIEW

In what ways might associate citizens and naturalised citizens have less protection and fewer rights than full citizens?

The Burma Citizenship Law gives associate and naturalised citizens the rights of full citizens. However, according to articles 30(c) and 53(c), the President and Union Government is allowed to make exceptions for associate and naturalised citizens. For example, they can adopt laws in which full citizens have more rights than associate and naturalised citizens. This means that associate and naturalised citizens in reality have less access to rights compared to full citizens. 

Article 8(b) allows for revocation of the legal citizenship status of associate and naturalised citizens, and full citizens whose parents are not both taingyintha group members, if this is considered to be “in the interests of the State.” This may cause associate and naturalised citizens to be at risk of statelessness. Associate and naturalised citizens may also lose their legal citizenship status if they:

• fail to provide a written pledge of allegiance to the State (articles 24, 26, 27(a), 28, 46, 48, 49(a), 50);
• show dissatisfaction with or disloyalty to the State through speech or behaviour (articles 35(d) and 58(d)); 
• commit an offence deemed to be morally wrong (articles 35(f) and 58(f));
• make a false representation when applying for associate or naturalized citizenship (articles 36 and 59);
• help someone else make a false representation when applying for associate or naturalized citizenship (articles 37 and 60).

In contrast, the only way a full citizen by birth can lose their legal citizenship status in Myanmar is if they gain legal citizenship or register themselves as legal citizens or receive a passport in another country, or if they leave Myanmar permanently. 

There are articles in the 2008 Constitution that are sometimes interpreted, through practice and in combination with other laws, as only applying to citizens holding Citizenship Scrutiny Cards and not expressly to associate or naturalised citizens. For example, chapter eight contains rights that only apply expressly to “citizens.” 

There are also certain restrictions in the 2008 Constitution on persons who have a parent, spouse, or child who is not a legal citizen in Myanmar. For example, they cannot become a Member of Parliament or the President. 

Internationally, it is uncommon for countries to have more than one category of legal citizenship. When a country has more than one category of legal citizenship, it is uncommon for these categories to have access to different levels of protection and rights. International human rights standards state that all persons should access fundamental human rights, regardless of their legal citizenship status. However, there are some political rights that only legal citizens may be entitled to, such as the right to vote in elections or hold office.