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The National Laws of Myanmar: Making of Statelessness for the Rohingya
Author(s) -
Parashar Archana,
Alam Jobair
Publication year - 2019
Publication title -
international migration
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.681
H-Index - 64
eISSN - 1468-2435
pISSN - 0020-7985
DOI - 10.1111/imig.12532
Subject(s) - statelessness , citizenship , legislation , stateless protocol , law , political science , ethnic group , state (computer science) , algorithm , politics , computer science
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 regarded as neither minority nor citizen and rendered stateless by the law. The role of legislation in disempowering the Rohingya is thus made explicit.