The law signified a further shift towards an exclusively ethnic conception
of citizenship when compared to the 1947 Constitution of Burma, the 1948
citizenship legal framework, which had defined belonging to the
indigenous races as criteria for accessing citizenship, but had in addition
provided for naturalisation through residence as well as ius soli. (pp. 7-8)
In highlighting the importance of ethnicity regarding the legal right to belong in
Burma, the law allowed the Tatmadaw and the central government to construct a national
identity based on an exclusivity, one strategically crafted by the military itself for the
purpose of furthering its political and economic ambitions. The 1982 citizenship law
remains in effect today and has been used continuously as a tool for justifying the
Tatmadaw’s genocidal clearance operations in Rakhine State.
Under the authority of the 1982 law, the three levels of citizenship mentioned
earlier are used to denote status within society as well as signify which rights an
individual is entitled to, based on the category to which they are designated. Full
citizens—the only group that is fully protected under Burmese law—are identified as
members of the eight ethnic groups (later subcategorized into 135 national races)
determined to have settled in Burma prior to the First Anglo-Burmese War of 1823. Full
citizenship is also attainable for “(a) persons who were citizens on the date the law
entered into force, (b) persons both of whose parents hold a category of citizenship
(including at least one parent full citizen), and (c) third generation offspring of associate
and/or naturalized citizens. (Arraiza & Vonk, 2017, p. 8)
The disenfranchisement of the other two categories of citizens served to elevate
“national races” to a societal status unattainable by entire groups of people. This also put
various ethnic groups at greater risk of abuse by the military because they did not have
legal designations to protect them from such exploits. An example of this is the case of
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