Myanmar: 1) Definition of three categories of citizens as designated by the 1982 citizenship law: (a) the true Burmese or members of native ethnic groups or those already registered under the 1948 legislation; (b) associate citizens and (c) naturalized citizens. 2) Requirement for children to confirm nationality at age of majority if both parents are nationals of Myanmar and leave Myanmar with their children. 3) Loss of citizenship by child born in Myanmar of foreign-born parents if s/he goes abroad and does not report to an Embassy of Myanmar and state his/her willingness to be a citizen. 4) Conditions under which Burmese citizenship can be lost or taken away

All of the information on Myanmar nationality and citizenship was obtained from the First Secretary (Consular) at the Embassy of the Union of Myanmar in Ottawa (4 Dec. 1991). The IRBDC is unable to corroborate this information at the present time.

1) (a) True Burmese are those persons whose ancestors were residing in what is now Myanmar in 1823, one year after it became a British colony as part of British India. (b) Associate citizens are those who are eligible to apply to become citizens under the 1948 Citizenship Law. These persons were living in Myanmar at the time of independence but may have held Indian or British citizenship. (c) Naturalized citizens are persons and their descendants who have been living in Myanmar since 4 January 1948. For example, a person may have wished to retain his status as a British subject in 1948. His grandchild may, however, wish to be a citizen of Myanmar. In that case, the grandchild would be a naturalized citizen.

All three categories of citizens are considered equal.

2) The difficulty in answering this question revolves around the meaning of the word "leave". Under Section 16 of the 1982 Citizenship Act, if a citizen leaves Myanmar "for good", or accepts a foreign country's citizenship or registers for a foreign country's citizenship or travel documents, his/her Myanmar citizenship ceases.

Citizens may leave on a temporary basis and retain Myanmar citizenship. In order to leave, they must obtain valid passports issued by the government. If they do not have a valid passport then, in the eyes of the law, they are not citizens. Those with valid passports may stay abroad for as long as they wish (one landed immigrant in Canada has been here 40 years but because he has not taken out Canadian citizenship is still a citizen of Myanmar). They must report to the Embassy upon arrival in the country of destination and must have their passports extended by the Embassy.

The same rules apply to children. Children over the age of 15 are issued their own passports; those under 15 are registered in their mother's passport. Registration with the Embassy can be in person or, in the case of minors, through the parents. There is no need to confirm one's nationality upon reaching the age of majority.

3) There is no definitive answer to this question. The way in which it is worded leads one to believe that the child has Myanmar citizenship. This is obtained by registering at the Immigration Department at the age of 11 and stating the desire to be a citizen of Myanmar. Whether or not the claim is accepted depends on the citizenship of the parents. If the person is a citizen of Myanmar, the same rules apply as to all citizens.

4) Please see the response to 2).

 Bibliography

First Secretary (Consular). Embassy of the Union of Myanmar, Ottawa. 4 December 1991. (Telephone conversation based upon questions faxed to official).