Myanmar: Human Rights Analysis of Biometric Digital ID Systems fishing and boating licences, among other things.53 There have also been allegations of abuse by security forces linked to registration efforts for National Verification Cards.54 In summary, national ID cards in Myanmar are necessary for engaging in a number of basic activities. Because issuing national ID cards is based on a tiered approach to citizenship and due to challenges around non-recognition of the Rohingya and other minority groups as citizens, any attempt to convert the system to a digital one is likely to be contentious. 2.3 Digital ID Proposals In recent years, Myanmar’s Ministry of Labour, Immigration and Population has announced plans to replace paper citizenship cards with “smart cards” as a part of a digital ID regime that would use biometric data. However, no legal framework yet exists for this and, to our knowledge, there is also no policy document for it. The idea of a digital ID regime was under consideration at least as far back as 2013, although plans for furthering the project were apparently delayed due to lack of funding.55 In 2016, both Myanmar’s 12-point Economic Policy and its e-Governance Master Plan for 2016-2020 indicated that the creation of a digital ID card was a priority.56 In 2017, the Ministry of Labour, Immigration and Population announced pilot projects in select regions to replace traditional ID cards with digital versions.57 Following the pilot, the intent was to develop a national plan for digital ID cards for all citizens over the age of 18.58 News reports from 2020 now indicate that the intention is to roll out the digital ID system over two years, in three phases.59 This has the support of an agreement between Myanmar and Austria on a loan to fund the project, although it is not clear how COVID-19 may affect the planned timeline. While the government has hosted some workshops and discussions on the digital ID regime, no broad-based consultation on it has taken place so far. There seems to be some recognition of a need for greater consultation among officials, In May 2020, Tatmadaw MP Major 53 Report of the Special Rapporteur on the Situation of Human Rights in Myanmar, 20 August 2018, U.N. Doc. A/73/332, para. 62. Available at: https://undocs.org/A/73/332. 54 Ibid., para. 62; and Shoon Naing, Myanmar Forces Rohingya to Accept Cads that Preclude Citizenship: Group, 3 September 2019, Reuters, available at: https://www.reuters.com/article/us-myanmar-rohingya-idUSKCN1VO16D. 55 Privacy International, The Right to Privacy in Myanmar, March 2015. Available at: https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=2122&file=EnglishTranslation. 56 Government of Myanmar, Myanmar e-Governance Master Plan 2016-2020, available at: https://www.motc.gov.mm/sites/default/files/Myanmar%20e-Governance%20Master%20Plan%20%2820162020%29%20English%20Version%28Draft%29.pdf; and Economic Policy of the Union of Myanmar, 2016, available at: https://themimu.info/sites/themimu.info/files/documents/Statement_Economic_Policy_Aug2016.pdf. 57 Aung Kyaw Min, ‘Smart’ ID Pilot Project Rolls Out in 4 Test Areas, 13 January 2017, Myanmar Times. Available at: https://www.mmtimes.com/national-news/24538-smart-id-pilot-project-rolls-out-in-4-test-areas.html. 58 GovInsider, Myanmar Launches Digital Identities for Citizens, 11 January 2017. Available at: https://govinsider.asia/innovation/myanmar-launches-digital-identities-for-citizens. 59 Chan Mya Htwe, Myanmar to Receive Austrian Loan for National e-ID System, 28 May 2020, available at: https://www.mmtimes.com/news/myanmar-receive-austrian-loan-national-e-id-system.html; and Ministry of Information, Republic of Myanmar, E-IDs Fundamental to E-governance: U Thein Swe, 23 January 2020, available at: https://www.moi.gov.mm/moi:eng/news/362. - 11 -

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