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Overcoming Barriers to Citizenship Access for Women, Children, and Youth in Myanmar’s Unofficial Minorities

On 7 February 2025 by SPP

Author: Aung Ko Ko

Executive Summary

Myanmar’s demographic landscape includes diverse unofficial minorities, representing various ethnic and religious groups that lack recognition within the state’s list of 135 officially acknowledged ethnic nationalities/national races. These groups, including but not limited to Tamils, Gurkhas(Nepali), Rohingyas, Chinese, Anglo-Burmese, and others, encounter significant obstacles in obtaining citizenship documentation due to the current 1982 citizenship law and its implementation, which is vital for accessing fundamental rights and services such as education, healthcare, property ownership, and political participation. Within this complex situation, women and youth are particularly disadvantaged, facing unique challenges that exacerbate their exclusion from citizenship rights. The discrimination they face is most evident in access to citizenship documentation, making unofficial minorities much more likely to face conditions of de jure and de facto statelessness (Mosaic Myanmar, 2023; Rhoads, 2022; Nyi Nyi Kyaw, 2015 and 2017).

Key Findings
1.Prevalence of Documented Exclusion

Research conducted through over 70 semi-structured interviews with members of unofficial minority communities in Yangon, Ayeyawaddy, and Bago from 2020-2023 reveals that unofficial minority youth (ages 18-35) and adult women are frequently without civil documentation. Many do not possess Citizenship Scrutiny Cards (CSCs), which are essential for practically all civil transactions and rights in Myanmar (Mosaic Myanmar, 2023).

Particularly concerning is the status of older women with National Registration Cards (NRCs) issued before 1982. Many of these women do not understand the legal requirement to convert these NRCs into CSCs, resulting in difficulties not only for their own identification but also for their children’s future access to rights and services (Institute on Statelessness and Inclusion, 2021; Norwegian Refugee Council, 2018; Tan, 2017).

2. Impact on Educational Attainment

The lack of citizenship documentation has a direct impact on educational opportunities. Families often perceive the investment in their children’s education as futile if they lack citizenship. This attitude is especially prevalent for girls, who are often withdrawn from schooling early to take on domestic responsibilities (Norwegian Refugee Council, 2018; Rahman, 2016).

Among respondents, those lacking civil documentation were far more likely to have lower levels of education. The inability to secure CSCs means students may not enroll in schools or, if enrolled, may face barriers such as the need for letters of recommendation from local administrators, who may harbor biases against unofficial minorities (Mosaic Myanmar, 2023; Peters, 2017).

3. Access to Social Security Benefits

Without CSCs, many unofficial minority women are ineligible for government social security programs. This exclusion is particularly dire for elderly women, who generally outlive men but cannot access pensions or assistance that might help them secure a livelihood in their later years (Institute on Statelessness and Inclusion, 2021; Thai, 2019).

During the COVID-19 pandemic, this demographic was unable to receive relief aid from the government, reflecting a systemic issue that disproportionately affects the most vulnerable communities (Mosaic Myanmar, 2023; UN Women, 2020).

4. Property and Inheritance Rights

Access to property ownership is fundamentally tied to citizenship documentation. Without a CSC, individuals cannot buy, sell, or inherit property; this significantly affects women’s rights (Mosaic Myanmar, 2023; Tan, 2017).

Women lacking CSCs are often unable to jointly own property with their spouses, leading to vulnerability concerning inheritance after their partners’ deaths. The absence of legal documentation can result in property disputes or even unlawful confiscation, further entrenching socio-economic disparities (Institute on Statelessness and Inclusion, 2021; Rahman, 2016).

5. Political Participation Constraints

The intersection of citizenship documentation and political engagement is critical. Individuals without CSCs often refrain from voting or engaging in political activities, resulting in systemic underrepresentation of unofficial minority voices in governance (Mosaic Myanmar, 2023; Thompson, 2016).

Historical patterns indicate that citizenship documentation drives have been inconsistently employed during elections, leading to fears and uncertainty among communities about their political rights and participation (Norwegian Refugee Council, 2018; Ismael Khin Maung, 1986).

6. Recommendations

To address these systemic barriers and foster an inclusive democratic environment for all citizens, particularly women, children, and youth from unofficial minority communities, the following comprehensive recommendations are proposed:

  1. Legislative Reformation
    • To reduce and prevent statelessness, repealing and replacing the 1982 Citizenship Law with legislation aligning with international human rights standards is crucial. This new law should recognize the rights of all ethnic and religious groups within Myanmar and provide pathways to citizenship for those currently excluded (Institute on Statelessness and Inclusion, 2021; Peters, 2017).
  2. Targeted Documentation Initiatives
    • Myanmar’s government should conduct targeted outreach campaigns and citizenship registration drives specifically designed to engage women and youth from unofficial minority backgrounds. These initiatives should focus on education about the importance of documentation
  3. Legal Reforms for Women
    • Empower women by amending existing legal frameworks to allow them, particularly single mothers, to confer citizenship status to their children. This change will ensure that no child in Myanmar faces the risk of statelessness due to their parents’ documentation status.
  4. Simplified Registration Processes
    • Establish unique citizenship registration processes for orphans and adopted children that simplify parental identification requirements. Additionally, reducing application fees and processing times will facilitate smoother access to necessary documentation for marginalized groups.
  5. Inclusive Political Framework

It is essential to guarantee that all citizens can participate in political processes—be it as candidates, voters, or party members—regardless of their parents’ citizenship status. By promoting inclusivity in political participation within any future federal democratic political framework, the government can ensure that diverse voices are represented.

References

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  • Kyaw, N. N. (2017). Unpacking the Presumed Statelessness of Rohingyas1. Journal of Immigrant & Refugee Studies, 15(3), 269–286. Retrieved from https://doi.org/10.1080/15562948.2017.1330981
  • Rhoads, E. L. (2022). Citizenship denied, deferred and assumed: a legal history of racialized citizenship in Myanmar. Citizenship Studies, 27(1), 38–58. Retrieved from https://doi.org/10.1080/13621025.2022.2137468
  • Institute on Statelessness and Inclusion. (2021). Navigating with a Faulty Map: Access to Citizenship Documents and Citizenship in Myanmar. Retrieved from https://www.institutesi.org
  • Ismael Khin Maung. (1986). The Population of Burma: An Analysis of the 1973 Census. Papers of the East-West Population Institute, No. 97, April. Honolulu: East-West Center.
  • Mosaic Myanmar. (2023). Looking Familiar, Remaining Strangersarriers. Retrieved from https://www.mosaicmyanmar.org
  • Norwegian Refugee Council. (2018). A Gender Analysis of the Right to a Nationality in Myanmar. Retrieved from https://www.nrc.no
  • Peters, K. (2017). Statelessness and Protection in Myanmar: What Prospects for Refugees and Migrants? Refugee Survey Quarterly, 36(1), 29-54. https://doi.org/10.1093/rsq/hdw029
  • Rahman, M. (2016). Ethnicity, Statelessness, and Citizenship in Myanmar: The Case of the Rohingya. Journal of International Business and Law, 15(1), Article 5. Retrieved from https://scholarship.shu.edu/jibl/vol15/iss1/5
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  • Thai, D. (2019). The Gendered Dimensions of Statelessness: Implications for Refugees and internally displaced persons in Myanmar. Journal of Refugee Studies, 32(2), 253-272. https://doi.org/10.1093/jrs/fez046
  • Thompson, J. (2016). State Control and the Marginalization of the Rohingya in Myanmar. Journal of Southeast Asian Studies, 47(2), 280-296. https://doi.org/10.1017/S0022463416000150
  • UN Women. (2020). The Impact of COVID-19 on Women in Myanmar. Retrieved from https://www.unwomen.org