A/HRC/42/CRP.5 62. The Citizenship Law 1982 provides three categories of citizenship: “citizen”,76 “associate citizen”77 and “naturalized citizen.”78 63. Only those identified as belonging to one of the 135 “national races” recognized in Myanmar’s Constitution are eligible for full citizenship,79 effectively making Myanmar a race-based State, where full rights are only reserved for those who are recognised as from one of the “national races”. The Rohingya are automatically disqualified from full citizenship, not being one of the 135 recognised national races. Individual Rohingya people may however qualify for associate or naturalised citizenship if they prove ancestral links to residence in what is now Myanmar since 1824 or a link that predates the establishment of the State in 1948.80 In a country where over 25 per cent of the population lacks official documents and where many have lost documents due to violence or departures, a large portion of the population, in particular the Rohingya, is unable to meet these requirements and so is unable to claim any of these categories of citizenship.81 64. The few Rohingya who have been successful in obtaining citizenship in the past received the lesser “naturalised citizenship”.82 To qualify for naturalised citizenship, Section 44 of the 1982 Citizenship Law requires applicants to be over 18 years of age, speak one of the ethnic languages,83 be of good character and of sound mind. Naturalised citizenship falls short of full citizenship in that naturalized citizens may not hold political office or form a political party,84 and their citizenship may be revoked on various grounds.85 76 77 78 79 80 81 82 83 84 Full citizenship is primarily reserved for “national ethnic groups … such as the Kachin, Kayah, Karen (Kayin), Chin, Burmese (Bamar), Mon, Arakan (Rakhine) or Shan and ethnic groups who settled in Myanmar before 1823”. The law further states that “the Council of State may decide whether any ethnic group is national or not”. These initial eight groups were later broken down in a list of 135 subgroups. They do not include the Rohingya or people of Chinese, Indian or Nepali descent. Full citizens are those with both parents holding a category of citizenship, including at least one full citizen; third generation offspring of citizens in the two other categories of citizenship; and persons who were citizens when the law entered into force. Full citizens receive a Citizenship Scrutiny Card, a “pink card”. 1982 Citizenship Law, Sections 3, 4, 5-7. “Associate” citizenship is for those whose application for citizenship under the 1948 Citizenship Law was pending when the 1982 law came into force. A central body is tasked to decide on applications. They receive an Associate Citizenship Scrutiny Card, a “blue card”. 1982 Citizenship Law, Section 23. “Naturalized” citizenship may be granted to persons who provide “conclusive evidence” of entry and residence in Myanmar before 1948, and of the birth of their children in Myanmar. It may also be granted under certain circumstances by marriage or descent. In addition, applicants for “naturalized” citizenship must be at least 18 years, have command of one of the ethnic languages, and be of “good character” and “sound mind”. Naturalised citizens receive a Naturalised Citizenship Scrutiny Card, a “green card”. See Burma Citizenship Law 1982 (Pyithu Hluttaw Law No 4 of 1982), Section 42. Section 3 of the 1982 Citizenship Law defines “Nationals” as “the Kachin, Kayah, Karen, Chin, Burman, Mon, Rakhine or Shan and ethnic groups as have settled in any of the territories included within the State as their permanent home from a period prior to 1185 B.E, 1823 AD are “Burma citizens”. Section 4 of the 1982 Citizenship Law provides that the “Council of the State may decide whether any ethnic group is a national or not”. The list of 135 regularly features in State publication, including for example “The Working People’s Daily” issue of 26 September 1990 (“Our Union of Myanmar where 135 national races reside”). 1982 Citizenship Law, Chapter 3 and 4. International Commission of Jurists, Citizenship and Human Rights in Myanmar: Why Law Reform is Urgent and Possible, June 2019. Available from https://www.icj.org/wpcontent/uploads/2019/06/Myanmar-Citizenship-law-reform-Advocacy-Analysis-Brief-2019-ENG.pdf. Irrawaddy, Rohingya trading identity for partial citizenship in Rakhine, available from https://www.irrawaddy.com/news/burma/rohingya-trading-identity-partial-citizenship-rights-rakhinestate.html, See also census form available from http://users.pop.umn.edu/~rmccaa/IPUMSI/CensusForms/Asia/mm2014ef_myanmar_census_form.m y.pdf. Myanmar language is the official national language of the country. See Myanmar Constitution, art 450. Full citizens enjoy full legal rights and protections. For example, the Constitution connects the right to property with citizenship and protects the privacy and security of home, property, correspondence and other communications of citizens under the law. Additionally, the 1982 Citizenship Law and its 19