The national laws of Myanmar: making of statelessness for the Rohingya

Archana Parashar, Jobair Alam

Research output: Contribution to journalArticleResearchpeer-review

Abstract

This article examines the legal status of the Rohingya in Myanmar by analysing relevant constitutional provisions (of 1947, 1974 and 2008) and other major citizenship legislations including the Citizenship Law, 1982. A doctrinal analysis demonstrates that: (i) the earlier Constitutions and laws provided citizenship for the Rohingya (where they were identified as an ethnic minority); and (ii) their status has been changed gradually under the later constitutions and legislations until recently, when they are regarded as neither minority nor citizen and rendered stateless by the law. The role of legislation in disempowering the Rohingya is thus made explicit.
LanguageEnglish
Pages94-108
Number of pages15
JournalInternational Migration
Volume57
Issue number1
Early online date8 Nov 2018
DOIs
Publication statusPublished - Feb 2019

Fingerprint

statelessness
Myanmar
citizenship
legislation
Law
constitution
legal status
national minority
minority
citizen

Cite this

@article{a789e6e08e324c219d6757ab2c36d64b,
title = "The national laws of Myanmar: making of statelessness for the Rohingya",
abstract = "This article examines the legal status of the Rohingya in Myanmar by analysing relevant constitutional provisions (of 1947, 1974 and 2008) and other major citizenship legislations including the Citizenship Law, 1982. A doctrinal analysis demonstrates that: (i) the earlier Constitutions and laws provided citizenship for the Rohingya (where they were identified as an ethnic minority); and (ii) their status has been changed gradually under the later constitutions and legislations until recently, when they are regarded as neither minority nor citizen and rendered stateless by the law. The role of legislation in disempowering the Rohingya is thus made explicit.",
author = "Archana Parashar and Jobair Alam",
year = "2019",
month = "2",
doi = "10.1111/imig.12532",
language = "English",
volume = "57",
pages = "94--108",
journal = "International Migration",
issn = "0020-7985",
publisher = "Wiley-Liss, Wiley",
number = "1",

}

The national laws of Myanmar : making of statelessness for the Rohingya. / Parashar, Archana; Alam, Jobair.

In: International Migration, Vol. 57, No. 1, 02.2019, p. 94-108.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - The national laws of Myanmar

T2 - International Migration

AU - Parashar, Archana

AU - Alam, Jobair

PY - 2019/2

Y1 - 2019/2

N2 - This article examines the legal status of the Rohingya in Myanmar by analysing relevant constitutional provisions (of 1947, 1974 and 2008) and other major citizenship legislations including the Citizenship Law, 1982. A doctrinal analysis demonstrates that: (i) the earlier Constitutions and laws provided citizenship for the Rohingya (where they were identified as an ethnic minority); and (ii) their status has been changed gradually under the later constitutions and legislations until recently, when they are regarded as neither minority nor citizen and rendered stateless by the law. The role of legislation in disempowering the Rohingya is thus made explicit.

AB - This article examines the legal status of the Rohingya in Myanmar by analysing relevant constitutional provisions (of 1947, 1974 and 2008) and other major citizenship legislations including the Citizenship Law, 1982. A doctrinal analysis demonstrates that: (i) the earlier Constitutions and laws provided citizenship for the Rohingya (where they were identified as an ethnic minority); and (ii) their status has been changed gradually under the later constitutions and legislations until recently, when they are regarded as neither minority nor citizen and rendered stateless by the law. The role of legislation in disempowering the Rohingya is thus made explicit.

UR - http://www.scopus.com/inward/record.url?scp=85056189790&partnerID=8YFLogxK

U2 - 10.1111/imig.12532

DO - 10.1111/imig.12532

M3 - Article

VL - 57

SP - 94

EP - 108

JO - International Migration

JF - International Migration

SN - 0020-7985

IS - 1

ER -