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An Introduction to Citizenship Card Under Myanmar Citizenship Law

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An Introduction to Citizenship Card Under Myanmar Citizenship Law 現代社会文化研究 No.38 2007 年 3 月 An Introduction to Citizenship Card under Myanmar Citizenship Law Tun Tun Aung 要 旨 ミャンマー連邦の法制度は、コモン・ロー・法システムに基づいている。ミャンマー連 邦は「ミャンマー市民権法」を国民のために 1982 年に成立させた。その法に基づき、ミャ ンマーは「市民権カード（Citizenship card)」を国民のアイデンティー・カードとして、国 民に発行した。すべてのミャンマー国民は、その法的アイデンティーを証明するために、 自分の「市民権カード」を所持する。「市民権カード」には、その国民のあらゆる個人デー タが明記されている。本稿は、ミャンマーの現行法に従って、その「市民権カード」シス テムとその機能について紹介しようとするものである。 Keywords: Myanmar Citizenship Law, Classification of Citizens, Citizenship Card System Introduction 1. The history of Myanmar Laws on Citizenship 2. The Provisions of Myanmar Citizenship Law 2.1 The classification of Citizens and duties of Citizen 2.1.1 Citizenship 2.1.2 Associate Citizenship 2.1.3 Naturalized Citizenship 3. The Current system of National Scrutiny Card and Details of National Scrutiny Card 4. The Legal effects (enforcements) under Myanmar Citizenship Law. 4.1 Crimes violating by national ID card holders 4.1.1 Crimes against national ID holders especially for Citizen violating under this Law 4.1.2 Crimes against national ID holders especially for associate citizen violating under this Law 4.1.3 Crimes against national ID holders especially for naturalized citizen violating under this Law - 265 - An Introduction to Citizenship Card under Myanmar Citizenship Law ( Tun Tun Aung ) 4.2 Crimes violating to national ID card Conclusion Introduction The Union of Myanmar is geographically situated in Southeast Asia and bordered on the north and northeast by the People's Republic of China, on the east and southeast by the Loa People's Democratic Republic and the Kingdom of Thailand, on the south by the Andaman Sea and the Bay of Bengal and on the west by the People's Republic of Bangladesh and the Republic of India. The total area of Myanmar is 677,000 square kilometers.1 Myanmar composed of 7 states and 7 divisions as quasi federal state. Myanmar is made up of 135 national races2 of which the main 8 ethnic groups are Kachin, Kayah, Kayin, Chin, Bamar, Mon, Rakhine and Shan. Population of the country is estimated at 52.4 million3 and the population growth rate is 1.84 percent.4 Myanmar has many different races, with their own languages, culture and tradition, who live together with peace and harmony for many centuries. The Myanmar Citizenship Law defined her people on the right of citizenship and classifications of citizenship. According to Myanmar custom, adoption is accepted by her society from the earlier period without any restrictions by law or by society. All the children in a family including natural and adopted had equal rights and society had also recognized for such rights in social matters. As for citizenship, it was enacted by law and defined who has a right of citizenship. In the some proceedings at courts, there was some dispute of citizenship arisen from the ground of adoption. Under the Myanmar Citizenship Law, it would be comparatively analyzed on a practical legal question of citizenship for adoption of non-citizen by citizen parents with both enacted law and by her society. - 266 - 現代社会文化研究 No.38 2007 年 3 月 Chart. 1 A. Kachin (1) Kachin, (2) Trone, (3) Dalaung, (4) Jinghpaw, (5) Guari, (6) Hkahku, (7) Duleng, (8) Maru (Lawgore), (9) Rawang, 12 ethnic groups (10) Lashi (La Chit), (11) Atsi, (12) Lisu B. Kayah (13) Kayah, (14) Zayein, (15) Ka-Yun (Padaung), (16) Gheko, (17) Kebar, (18) Bre (Ka-Yaw), (19) Manu, Manaw, (20) 9 ethnic groups Yin Talai, (21) Yin Baw C. Kayin (22) Kayin, (23) Kayinpyu, (24) Pa-Le-Chi, (25) Mon Kayin (Sarpyu), (26) Sgaw, (27) Ta-Lay-Pwa, (28) Paku, (29) Bwe, 11 ethnic groups (30) Monnepwa, (31) Monpwa, (32) Shu (Pwo) (33) Chin, (34) Meithei (Kathe), (35) Saline, (36) Ka-Lin-Kaw (Lushay), (37) Khami, (38) Awa Khami, (39) Khawno, (40) Kaungso, (41) Kaung Saing Chin, (42) Kwelshin, (43) Kwangli (Sim), (44) Gunte (Lyente), (45) Gwete, (46) Ngorn, (47) D. Chin Zizan, (48) Sentang, (49) Saing Zan, (50) Za-How, (51) Zotung, (52) Zo-Pe, (53) Zo, (54) Zahnyet (Zanniet), (55) 53 ethnic groups Tapong, (56) Tiddim (Hai-Dim), (57) Tay-Zan, (58) Taishon, (59) Thado, (60) Torr, (61) Dim, (62) Dai (Yindu), (63) Naga, (64) Tanghkul, (65) Malin, (66) Panun, (67) Magun, (68) Matu, (69) Miram (Mara), (70) Mi-er, (71) Mgan, (72) Lushei (Lushay), (73) Laymyo, (74) Lyente, (75) Lawhtu, (76) Lai, (77) Laizao, (78) Wakim (Mro), (79) Haulngo, (80) Anu, (81) Anun, (82) Oo-Pu, (83) Lhinbu, (84) Asho (Plain), (85) Rongtu E. Bamar 9 ethnic groups (86) Bamar, (87) Dawei, (88) Beik, (89) Yaw, (90) Yabein, (91) Kadu, (92) Ganan, (93) Salon, (94) Hpon F. Mon (95) Mon 1 ethnic group G. Rakhine (96) Rakhine, (97) Kamein, (98) Kwe Myi, (99) Daingnet, (100) Maramagyi, (101) Mro, (102) Thet 7 ethnic group (103) Shan, (104) Yun (Lao), (105) Kwi, (106) Pyin, (107) Yao, (108) Danaw, (109) Pale, (110) En, (111) Son, (112) H. Shan Khamu, (113) Kaw (Akha-E-Kaw), (114) Kokang, (115) Khamti Shan, (116) Hkun, (117) Taungyo, (118) Danu, (119) 33 ethnic groups Palaung, (120) Man Zi, (121) Yin Kya, (122) Yin Net, (123) Shan Gale, (124) Shan Gyi, (125) Lahu, (126) Intha, (127) Eik-swair, (128) Pa-O, (129) Tai-Loi, (130) Tai-Lem, (131) Tai-Lon, (132) Tai-Lay, (133) Maingtha, (134) Maw Shan (135) Wa Source: Made by Author: For Names of 8 Major National Ethnic Races and 135 Ethnic Groups5 i. The Legal Question on Citizenship - A Practical Example Has a mere Adoption of non-citizen by citizen parents been entitled a right of citizenship under the law? How to resolve the legal question on Adoption of non-citizen which may consider between the view of enacted law and society. (See Chart 2) - 267 - An Introduction to Citizenship Card under Myanmar Citizenship Law ( Tun Tun Aung ) Chart. 2 How to resolve the legal question, Adoption of nonnon---citizen,citizen, which may consider by means of enacted law and by sociesocietyty For Enacted Law For Society ( The Myanmar Citizenship Law) ( Myanmar Society) 1. Every country enacts the laws for herself 1. Everyone is socially equal the rights in and to protect her citizens. society. 2. The Myanmar Citizenship Law is an 2. Everyone has entitled the right to adopt or enacted law provided for rights and duties be adopted and also recognized for of citizens. adoption. 3. It does not prohibit for adoption for non- 3. Adopted person respects and abides by the citizen of any other race. laws of the State and discharges the duties 4. It expressly provided who has a right of prescribed by the laws of the State as citizenship or not under this law. citizens do. 4. Adopted person performs all other social duties in the society as same as citizen. How to be resolved legally for such adoption of How to be resolved socially for such adoption of non-citizen? non-citizen? Source: Made by the Author: According to practical example on Adoption of non-citizen ii. State, People, Society and Rights (See Chart 3-1) Chart 3-1 State Enacted Laws Society Protected Recognized under Laws by Society Fundamental Social Rights Rights and Custom People Source: Made by the Author: For State, People, Society and Rights - 268 - 現代社会文化研究 No.38 2007 年 3 月 iii. Problem solving for Legal Question of Adoption- (See Chart 3-2) Chart 3-2 State's Enacted Laws Society Law and Justice Peace and Harmony Social Point of View Legal Point of View Decisive Authoiry Society Good Obedience Exclusive Application Character & Decision Behaviour Decision of laws & Evidence of made under Rules of documents the Law toward Society Society Citizenship Recognized Recognized by Socially as Law Citizen Adopted Child Source: Made by the Author: for problem solving on Adoption iv. Ideology of enacted law and society on such adoption (See Chart 3-3) Chart. 3-3 Enacted Law Ideology Ideology of Society For Adoption It does not prohibit for Adoption must be Such adoption of non recognized by Society citizen. and Custom. Rights of Adopted Child It can be said that all All rights are socially rights are equal except equal in society. rights provided by any other laws. Application for Courts have no Social recognition as a Citizenship jurisdiction to decide on citizen is merely public citizenship and only opinion. specific decisive authority by law has authority to decide. Right of Citizenship for It must be made an It is not decide by Adopted nonnon---citizencitizen application provided in society and assumed in accordance with Law public as a citizen by concerned. society. Source: Made by the Author: For problem solving and application of enacted law and Social Ideology. - 269 - An Introduction to Citizenship Card under Myanmar Citizenship Law ( Tun Tun Aung ) v. The Decision Making- What is the decision to resolve differently by Enacted Law and by Society? (See Chart. 4) Chart. 4 State's Enacted Laws Society Law and Justice Peace and Harmony Social Point of View Legal Point of View Decisive Authority Society Good Obedience Exclusive Application Character & Decision Decision of laws & Evidence of made under Behaviour Rules of documents the Law toward Society Society Citizenship Recognized Recognized by Socially as Law Citizen Adopted Child (Non-citizen) Source: Made by the Author: For the decision by enacted law and by society vi. Research of Legal question – Points of decision - There are many points to consider for deciding for such legal question both of enacted law and of society. (See Chart. 5) Point of view for resolving a right of citizenship under enacted law and society For Enacted Law For Society ( The Myanmar Citizenship Law) ( Myanmar Society) 1. Every country have the duties to enact the laws for 1.
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