Why Myanmar Refuses Citizenship to Rohingya
Myanmar, a country with rich cultural diversity, grapples with a complex issue surrounding the Rohingya people. The Rohingya, a predominantly Muslim ethnic group in Myanmar's Rakhine State, face significant barriers in obtaining citizenship. This article explores the reasons behind Myanmar's refusal to grant citizenship to the Rohingya, delving into historical contexts, legal frameworks, and socio-political factors.
Historical and Legal Context
Behind the doors of Myanmar's political debates and struggles, lies a profound historical context. The Citizenship Law of 1982 is a cornerstone in defining who qualifies for Myanmar citizenship. According to the law, one must be a descendent of someone who was a citizen of Myanmar before 1823 or hold a pre-1948 nationality. This strict criterion has excluded many ethnic groups, including the Rohingya, who trace their origins back to the region.
Myanmar Nationality Law - Wikipedia
Myanmar's nationality law is a legal framework that defines citizenship. It categorizes individuals based on their ancestry and presence in the country pre-1948. Individuals who arrived after 1948, including the Rohingya, are not eligible for citizenship under this law.
While some Rohingya have managed to become citizens, this is largely due to historical precedences. For instance, before the 1962 military coup, the government issued citizenship to all Muslims in Rakhine State. However, this did not materialize for the majority of the Rohingya due to their arrival after 1962, which is governed by the 1962 Immigration Act. Myanmar Immigration Act 1962, the law prevented them from naturalizing.
Socio-Political Factors
The Rohingya issue is not merely a legal dispute but is deeply rooted in socio-political dynamics. Prior to 1962, conflicts arose over their migration status. The 1948 transition from colonial rule to a newly independent nation saw the Rohingya face significant discrimination and disenfranchisement. Their situation worsened following the military coup in 1962, which introduced more stringent citizenship criteria.
The 1948-1942 Arakan uprisings, followed by the 1971 conflict, further intensified the situation. The 1971 Bangladesh War of Independence saw large numbers of people, including Rohingya, migrate to India. Many returned to Myanmar, only to find themselves marginalized and stateless due to their lack of citizenship status. The Myanmar receive 1 million refugees, a fact that underscores the complex displacement and integration issues faced by the Rohingya.
Recent Developments and Controversies
Today, Myanmar's citizenship policies have become highly contentious. The Rohingya continue to face resistance in their quest for citizenship. They are primarily recognized as transients and not as native-born citizens. The Roangya's position as 'latecomers' to the region has significantly impacted their status. Groups like Kamein, who speak a different language and have distinct cultural practices, are already native to the region and are recognized as such.
There are deeper political concerns about the possible consequences of granting full citizenship to Rohingya. The mention of 'New Kashmir' in Rakhine State hints at the potential for separatist movements and political instability. The Rohingya, with their history of separatist movements such as the Rohingya insurgency, pose a political threat that Myanmar's government must acknowledge and address. Despite the international pressure and calls for human rights, the government has shown reluctance to adopt a solution that grants Rohingya full citizenship, fearing it would undermine national sovereignty and local security.
Conclusion
Myanmar's citizenship policies and their application to the Rohingya are intricately tied to historical, legal, and socio-political factors. While it is crucial to consider the rights of the Rohingya to self-identification and inclusion, the state must also balance these demands with concerns over national security and sovereignty. The ongoing Rohingya crisis remains unresolved, and the path to citizenship remains a contentious issue that requires careful consideration and dialogue.
For further reading and resources, you may refer to:
Myanmar Nationality Law - Wikipedia Rohingya insurgency in Western Myanmar - Wikipedia A referendum in Rakhine state Dhaka Tribune