4
4.8
and mutual assistance among the national races; and promotion of socio-economic
development including education, health, economy, transport and communication, of lessdeveloped national races”.
Almost all Rohingya are denied citizenship under the 1982 Myanmar Citizenship Law,
either because they do not meet its stringent and discriminatory citizenship requirements,
or where they do, because they lack the documentary evidence required. People of
Chinese, Indian or Nepali heritage are mostly denied full citizenship under this law
because they do not automatically qualify under “national races”.
The 2014 national census used the 135 categories of national races, with people required
to check one of them, or indicate “other”; there was no option to indicate the frequent
mixed heritage of many residents. This 135 national races categorisation is strongly
contested by ethnic minorities, as they believe it does not accurately represent their true
ethnicity and also that the Government, comprised primarily of ethnic Bamar, is using this
to lower the real number of each broad ethnic group. A last minute Government decision
prevented those Muslims in Rakhine State identifying as Rohingya to write in “Rohingya”
as their ethnic group during the census process. 579 The Government has not yet released
2014 census ethnicity data.
The Protection of the Rights of National Races Law 580 enacted on 24 February 2015 gives
further effect to Article 22 of the 2008 Constitution. Article 3 includes the purposes of the
law: “(e) to aim for the socio-economic development of less-developed national races
including education, health, economics and transportation.” While Article 3 of the law
provides for “access to equal citizenship rights for all ethnic groups”, and for “ethnic
groups to have full access to rights enshrined in the Constitution”, it does not explicitly
protect ethnic minorities against discrimination. The law states that no one can behave
with intent to incite hatred, animosity and disunity among “national races” and that ethnic
rights and entitlements cannot be restricted without a sound reason.
The 2015 Law establishes a Minister for National Races to be appointed by the president
with the approval of the union Hluttaw. This has not yet taken place. In article 9 the
Ministry’s duties and mandate includes: “(e) carry out all round development activities
including education, health, economics and transportation of less developed national
races for their socio-economic development and article;” and (j) “carry out activities to
develop, maintain, protect and improve language, literature, arts, culture and traditions of
minority and ethnics’ tribes in danger of extinction”. It is not yet clear whether this will
extend to supporting the development of online content in ethnic minority languages.
579
580
See International Crisis Group, “Counting the Costs: Myanmar’s Problematic Census” (15 May 2014).
Available at: http://www.pyithuhluttaw.gov.mm/lawdatabase/?q=my/law/431 (Burmese only).
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CHAPTER 4.8: GROUPS AT RISK
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