Examining Rohingya Statelessness: A Legal Analysis of the Rohingya Citizenship Struggles
摘要
Adaptations and implementations of Myanmar’s 1982 Citizenship Law and 2008 Constitution have created a legal barrier to Rohingya citizenship, thus rendering the Rohingya stateless. Systematically abandoned and deprived of citizenship by Myanmar, Rohingya are said to be “the most persecuted minority in the world” by the United Nations. The exclusion of Rohingya from the officially acknowledged 135 ethnic groups made them one of the largest stateless populations in the world. Being identified as “illegal immigrants” or “Bengali” by the government also made Rohingya vulnerable to hostility to other communities in Myanmar. These unfortunate legal and political tendencies by the government created an “us versus them” relationship which caused sociopolitical complexities among the ethnic groups. From a legal standpoint, backed up by the secondary data, the objective of this study is to explore the legal complexities of the complications of Rohingya citizenship in relation to their statelessness. To achieve the objective, the chapter proposes establishing the Rohingya as a stateless minority, concentrates on Myanmar’s legal obligation, and then explains the provisions of the Constitution of Myanmar. Development of legal cases in international courts will be discussed at that point. The research later suggests that significant change in the manner the Myanmar government applies the Law of 1982 is required before it can be claimed to resonate with public aspirations for the right to citizenship for the Rohingya.