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Nationality, citizenship and immigration

  • Laws, decrees, bills and regulations relating to nationality, citizenship and immigration (commentary)

    Websites/Multiple Documents

    Title: The rights of non-citizens (set of 5 reports)
    Date of publication: May 2003
    Description/subject: A set of 5 reports by David Weissbrodt to the UN Sub-Commission - Link to an OBL section.
    Author/creator: David Weissbrodt
    Language: English
    Source/publisher: UN Sub-Commission via Online Burma/Myanmar Library
    Format/size: pdf
    Date of entry/update: 24 August 2012


    Title: THE LAW RELATING TO FOREIGNERS AND CITIZENSHIP IN BURMA
    Date of publication: 1961
    Description/subject: Text and commentary: 1. The Foreigners Act, 1864... 2. The Registration of Foreigners Act, 1940... 3. The Registration of Foreigners Rules, 1948... 4. Exemptions under the said Act... 5. The Burma Passport Act, 1920... 6. The Burma Passport Rules, 1948... 7. The Burma Extradition Act, 1903... 8. The Burma Immigration ( Emergency Provisions) Act, 1947... 9. The Burma Immigration (Detention) Rules, 1951... 10. The Transfer of Immoveable Property (Restriction) Act, 1947... 11. The Transfer of Immoveable Property ( Restriction) Rules, 1956... 12. The Union Citizenship Act, 1948... 13. The Union Citizenship Regulations, 1949... 14. The Union Citizenship (Election) Act, 1948... 15. The Union Citizenship Election Rules, 1948.... 16. Appendix I - Forms... 17. Appendix II-Burma Independence Act, 1947...
    Author/creator: S. L. VERMA, B. A., B. L.,
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: RISHI RAJ VERMA
    Format/size: pdf (6.4MB)
    Date of entry/update: 18 July 2012


    Individual Documents

    Title: Laws enforce discrimination in Myanmar
    Date of publication: 18 March 2014
    Description/subject: "A special commission in Myanmar is now drafting legislation that if passed would effectively limit the rights of certain minority groups. At the request of the speaker of the parliament, President Thein Sein earlier this month formed a commission charged with drafting legislation on two laws: one concerning restricting religious conversions and another on controlling population growth. Although the official notification creating the commission does not mention religion, both laws are directed against the country's minority Muslim community. The first will severely limit the conversion of Buddhist women to Islam and the second will restrict Muslim families to no more than two children. A wide spectrum of Burmese society will be questioned "in a transparent manner" by the commission, while any proposed legislation should be in conformity with the constitution, diverse beliefs, national unity, and Myanmar culture, according to the notification. Regulations of other countries will also be examined in the process, the notification said..."
    Author/creator: David I Steinberg
    Language: English
    Source/publisher: "Asia Times Online"
    Format/size: html
    Date of entry/update: 26 May 2014


    Title: Defining Myanmar’s “Rohingya Problem”
    Date of publication: 23 July 2013
    Description/subject: "...The Rohingya problem has been referred to and described in different ways, and certainly it is more than a matter of nationality and discrimination, statelessness and displacement, and the Responsibility to Protect. Yet the initial two areas have assumed particular factual and legal significance over the past three decades, as persecution of the Rohingya within Myanmar and its effects regionally have continued unabated. The third area—not unrelated to the others—should assume equal importance and attention, but thus far it has not. All three issues are progressive in their application to the Rohingya: persecutory discrimination and statelessness includes and leads to forcible displacement, which combined constitute crimes against humanity and ethnic cleansing and implicate the Responsibility to Protect. Primary responsibility rests with the Myanmar government to protect those whose right to a nationality the country has long denied, but its regional neighbors have legal and humanitarian obligations of their own vis-à-vis the Rohingya, as does the international community. The Rohingya problem begins at home—and could well end there with enough political will. Failing that, as has been the case since June 2012 if not decades, regional countries and the wider world should act to address the displacement and statelessness, and to stop the violence and violations."
    Author/creator: Benjamin Zawacki
    Language: English
    Source/publisher: American University Washington College of Law's Human Rights Brief,Volume 20 Issue 3, Spring 2013
    Format/size: pdf (516K-OBL version; 580K-original)
    Alternate URLs: http://www.burmalibrary.org/docs15/Defining_Myanmar%27s_Rohingya_Problem-red.pdf
    Date of entry/update: 24 July 2013


    Title: UN HUMAN RIGHTS EXPERTS CALL ON MYANMAR TO ADDRESS DISCRIMINATION AGAINST MEMBERS OF MUSLIM MINORITY IN NORTH RAKHINE STATE
    Date of publication: 02 April 2007
    Language: English
    Source/publisher: United Nations
    Format/size: html
    Date of entry/update: 20 February 2009


    Title: Myanmar - The Rohingya Minority: Fundamental Rights Denied
    Date of publication: 19 May 2004
    Description/subject: "The Muslim ethnic minority, generally known as the Rohingyas, who live in northern Rakhine State, western Myanmar, continue to suffer from several forms of restrictions and human rights violations. The Rohingyas' freedom of movement is severely restricted and the vast majority of them have effectively been denied Myanmar citizenship. They are also subjected to various forms of extortion and arbitrary taxation; land confiscation; forced eviction and house destruction; and financial restrictions on marriage. Rohingyas continue to be used as forced labourers on roads and at military camps, although the amount of forced labour in northern Rakhine State has decreased over the last decade. These practices, in addition to violating other basic human rights of the Rohingyas, are discriminatory towards the Rohingya population as they do not appear to be imposed in the same manner and at the same level on other ethnic nationalities in Rakhine State, or in the country as a whole. These restrictions and abuses, and the general discrimination against them, also amount to violations of the right to an adequate standard of living for many Rohingyas. As a consequence tens of thousands have fled to neighbouring Bangladesh and other countries. This report is based on almost 50 testimonies taken from Rohingyas which were made available to Amnesty International during the last year. These interviews were conducted in private and in confidence in accordance with the organization's general terms of reference for primary research. Information from other reliable and credible sources is also used to corroborate these testimonies. In order to protect the safety of those interviewed, all details which could identify individuals have been deleted, but information obtained from public sources is cited where appropriate. Myanmar is not state party to most international human rights treaties. Amnesty International has consistently urged the State Peace and Development Council (SPDC, Myanmar's government) to accede to these treaties. However, the fact that the SPDC has not done so does not release it from its obligation to respect fundamental human rights which, being provided for under customary international law, are binding on all states..."
    Language: English and French
    Source/publisher: Amnesty International (ASA 16/005/2004)
    Format/size: pdf
    Alternate URLs: http://www.amnesty.org/en/library/asset/ASA16/005/2004/en/aa1f6f6d-d5d5-11dd-bb24-1fb85fe8fa05/asa1...
    http://www.amnesty.org/en/library/info/ASA16/005/2004
    Date of entry/update: 20 May 2004


    Title: Malaysia/Burma: Living in Limbo
    Date of publication: July 2000
    Description/subject: Burmese Rohingyas in Malaysia. Contains a good discussion of the Rohingyas' de facto statelessness under the 1982 Citizenship Law as well as background material on the Rohingyas' situation in Burma.."Burmese authorities bear responsibility for the Rohingya's flight. Burma's treatment of the Rohingya is addressed in the background section of the report, and the report offers specific recommendations to the Burmese government. The focus of this report, however, is on what happens to Rohingya when they reach Malaysia. There, they are not treated as refugees fleeing persecution who should be afforded protection, but as aliens subject to detention or deportation in violation of Malaysia's international human rights obligations..."
    Language: English
    Source/publisher: Human Rights Watch
    Format/size: html
    Date of entry/update: 03 June 2003


    Title: GA 1997 (52nd Session): Report by the Special Rapporteur on Myanmar
    Date of publication: 16 October 1997
    Description/subject: General Assembly, Fifty-second session. The Secretary-General has the honour to transmit to the members of the General Assembly the interim report on the situation of human rights in Myanmar, prepared by Mr. Rajsoomer Lallah, Special Rapporteur of the Commission on Human Rights, in accordance with General Assembly resolution 51/117 of 12 December 1996 and Economic and Social Council decision 1997/272 of 22 July 1997. Good section on citizenship and citizenship legislation (paras 119-142), mainly relating to the Rohingyas, a Muslim group in Rakhine (Arakan) state; statelessness and the conformity of the different forms of citizenship [in Burma] with international norms. Also, the rights pertaining to democratic governance, the right to form and join trade unions, forced labour, violations against ethnic minorities, including violations of civil rights.
    Author/creator: Mr. Rajsoomer Lallah
    Language: English
    Source/publisher: United Nations (A/52/484)
    Date of entry/update: 03 June 2003


    Title: GA 1996: Report by the Special Rapporteur on Myanmar
    Date of publication: 08 October 1996
    Description/subject: General Assembly, Fifty-first session. The Secretary-General has the honour to transmit to the members of the General Assembly the interim report on the situation of human rights in Myanmar, prepared by Judge Rajsoomer Lallah, Special Rapporteur of the Commission on Human Rights, in accordance with Commission resolution 1996/80 of 23 April 1996.
    Author/creator: Mr. Rajsoomer Lallah
    Language: English
    Source/publisher: United Nations (A/51/466)
    Format/size: pdf (94K), html
    Date of entry/update: 22 November 2010


    Title: CHR 1993: Report by the Special Rapporteur on Myanmar
    Date of publication: 17 February 1993
    Author/creator: Mr. Yozo Yokota
    Language: English
    Source/publisher: United Nations (E/CN.4/1993/37)
    Format/size: html
    Date of entry/update: 03 June 2003


    Title: Gen. Ne Win's Speech on the 1982 Citizenship Act
    Date of publication: 09 October 1982
    Description/subject: Meeting held in the Central Meeting Hall, President House, Ahlone Road, 8 October 1982. Translation of the speech by General Ne Win provided in The Working People’s Daily, 9 October 1982
    Language: English
    Source/publisher: "The Working People's Daily"
    Format/size: pdf (96K)
    Date of entry/update: 21 February 2009


  • Laws, decrees, bills and regulations relating to nationality, citizenship and immigration (texts)

    Websites/Multiple Documents

    Title: THE LAW RELATING TO FOREIGNERS AND CITIZENSHIP IN BURMA
    Date of publication: 1961
    Description/subject: Text and commentary: 1. The Foreigners Act, 1864... 2. The Registration of Foreigners Act, 1940... 3. The Registration of Foreigners Rules, 1948... 4. Exemptions under the said Act... 5. The Burma Passport Act, 1920... 6. The Burma Passport Rules, 1948... 7. The Burma Extradition Act, 1903... 8. The Burma Immigration ( Emergency Provisions) Act, 1947... 9. The Burma Immigration (Detention) Rules, 1951... 10. The Transfer of Immoveable Property (Restriction) Act, 1947... 11. The Transfer of Immoveable Property ( Restriction) Rules, 1956... 12. The Union Citizenship Act, 1948... 13. The Union Citizenship Regulations, 1949... 14. The Union Citizenship (Election) Act, 1948... 15. The Union Citizenship Election Rules, 1948.... 16. Appendix I - Forms... 17. Appendix II-Burma Independence Act, 1947...
    Author/creator: S. L. VERMA, B. A., B. L.,
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: RISHI RAJ VERMA
    Format/size: pdf (6.4MB)
    Date of entry/update: 18 July 2012


    Individual Documents

    Title: The Law Amending the Myanmar Citizenship Law - SLORC Law No 4/97 (English)
    Date of publication: 02 March 1997
    Description/subject: The State Law and Order Restoration Council... The Law Amending the Myanmar Citizenship Law... (The State Law and Order Restoration Council Law No 4/97)... The 8th Waning of Tabodwe, 1358 ME (2nd March,1997)
    Language: English
    Source/publisher: State Law and Order Restoration Council (SLORC)
    Format/size: pdf (54K)
    Date of entry/update: 12 June 2013


    Title: The Law Amending the Myanmar Immigration (Emergency Provisions) Act, 1947 - SLORC Law No. 2/90 (English)
    Date of publication: 22 January 1990
    Description/subject: The State Law and Order Restoration Council - The Law Amending the Myanmar Immigration (Emergency Provisions) Act, 1947 - (The State Law and Order Restoration Council Law No. 2/90) - 12th Waning Day of Pyat ho, 1351 M.E. (22nd January, 1990
    Language: English
    Source/publisher: State Law and Order Restoration Council (SLORC) via The Burma Lawyers' Council
    Format/size: pdf (55K)
    Date of entry/update: 13 June 2013


    Title: Burma Citizenship Law of 1982 (Burmese)
    Date of publication: 15 October 1982
    Description/subject: Pyithu Hluttaw Law No. 4 of 1982
    Author/creator: NA
    Language: Burmese/ ျမန္မာဘာသာ
    Source/publisher: Pyithu Hluttaw
    Format/size: pdf (743K)
    Alternate URLs: http://www.burmalibrary.org/docs19/1982-law-4-Burma_Citizenship_Law-ocr-tu-bal-bu-2.pdf
    Date of entry/update: 03 August 2012


    Title: Burma Citizenship Law of 1982 (English)
    Date of publication: 15 October 1982
    Description/subject: (Pyithu Hluttaw Law No. 4 of 1982)
    Language: English
    Source/publisher: Pyithu Hluttaw via "The Working People's Daily"
    Format/size: html (30K)
    Date of entry/update: 03 June 2003


    Title: Exemption Order N o . 4 Under the Registration of Foreigners Act
    Date of publication: 01 October 1960
    Description/subject: AS AMENDED UP TO 1ST OCTOBER 1960... 1. The provisions of the Registration of Foreigners Rules, 1940 (hereinafter in this Order referred to as the rules), shall not apply to, or in relation to, any person who proves to the satisfaction of the Registration Officer that he has not attained the age of eighteen years, provided that the necessary particulars in regard to such person are entered against item 12 of Form A in respect of his parents and that he holds a Certificate of Identity in Form AA. 2. The provisions of the rules shall not apply to —
    Language: English
    Source/publisher: Government of the Union of Burma
    Format/size: pdf (100K)
    Date of entry/update: 04 May 2013


    Title: RESIDENTS OF BURMA REGISTRATION RULES, 1951
    Date of publication: 1951
    Description/subject: (UNOFFICIAL TRANSLATION)
    Language: English
    Source/publisher: Government of the Union of Burma
    Format/size: pdf (20K)
    Date of entry/update: 11 January 2012


    Title: THE RESIDENTS OF BURMA REGISTRATION ACT, 1949
    Date of publication: 1949
    Description/subject: (UNOFFICIAL TRANSLATION)
    Language: English
    Source/publisher: Government of the Union of Burma
    Format/size: pdf (58K)
    Date of entry/update: 11 January 2012


    Title: The Union Citizenship (Election) Act, 1948
    Date of publication: 15 January 1948
    Description/subject: (Act No XXVI of 1948 ) [This Act was amended by Acts XXVII of 1954 and XXXII of 1957 – the original Act, without amendments, is reproduced below]
    Language: English
    Source/publisher: Govt. of Burma
    Format/size: html (44K)
    Date of entry/update: 03 June 2003


    Title: The Union Citizenship Act, 1948
    Date of publication: 04 January 1948
    Description/subject: (Act No. LXVI of 1948.) As amended up to 1st December 1960. "This Act may be called the Union Citizenship Act, 1948. (2) It shall extend to the whole of the Union of Burma and shall be deemed to have come into force on the 4th day of January, 1948, 9th Waning, Pyatho, 1390 B. E..."
    Language: English
    Source/publisher: Govt. of Burma
    Format/size: html (37K)
    Date of entry/update: 03 June 2003


    Title: The Registration of Foreigners Rules, 1948
    Date of publication: January 1948
    Description/subject: Entry into force, 4th January 1949.
    Language: English
    Source/publisher: Govt. of Burma
    Format/size: html
    Date of entry/update: 03 June 2003


    Title: The Burma Immigration (Emergency Provisions) Act, 1947
    Date of publication: 13 June 1947
    Description/subject: [This is the official text of the Act, Burma Act XXXI of 1947]... Though not originally intended to curb freedom of opinion and expression this law, along with the Electronics Act, the Import/Export Act and the Unlawful Associations Act, has been used against video journalists
    Language: English
    Source/publisher: Govt. of Burma ("The Burma Code" Vol. I)
    Format/size: pdf (69K)
    Date of entry/update: 03 June 2003


    Title: The Registration of Foreigners Act
    Date of publication: 28 March 1940
    Description/subject: Official text of the Act, Burma Act VII, 1940. Entry into force, 28th March 1940.
    Language: English
    Source/publisher: Govt. of Burma
    Format/size: pdf (56K); html
    Alternate URLs: http://www.blc-burma.org/html/Burma%20Code/lr_e_bc01_11.html
    Date of entry/update: 03 June 2003


    Title: The Burma Extradition Act
    Date of publication: 01 June 1904
    Description/subject: [This is the official text of the Act, originally as India Act XV, 1903, dated 1 June 1904 with subsequent amendments.]
    Language: English
    Source/publisher: Govt. of Burma via UNCHR
    Format/size: html
    Date of entry/update: 08 December 2010


    Title: The Foreigners Act
    Date of publication: 12 February 1864
    Description/subject: India Act III, 1864 (12th February, 1864) "WHEREAS it is expedient to make provisions to enable the President of the Union to prevent the subjects of Foreign States from residing or sojourning in the Union of Burma, or from passing through or travelling therein, without the consent of the President of the Union, it is enacted as follows:..."
    Language: English
    Source/publisher: Govt. of Burma
    Format/size: html (33K)
    Alternate URLs: http://www.unhcr.org/refworld/docid/3ae6b54c4.html
    Date of entry/update: 03 June 2003