UN envoy's call for change rebuked

The 1982 Myanmar Citizenship Law requires no amendments as it serves to prevent an illegal influx of foreigners, according to MPs, legal experts and representatives of ethnic groups. They were responding to a United Nations envoy’s call to amend the law. 

Thomas Quintana, the UN’s human rights envoy to Myanmar, on Saturday called on Parliament to amend the law to ensure people do not face discrimination based on citizenship and faith.

Quintana’s remarks drew a swift rebuke. Myanmar has its own legislative body to write, pass, amend or abolish laws and he has no right to intrude in the process, MPs, legal experts and representatives of ethnic groups said. 

“This law is vitally important for our national people,” legal expert and MP Thein Nyunt said. “Myanmar is located between China with a population of 1.3 billion, India with over one billion people and Bangladesh with 160 million people,” he said.

“Bangladesh is only about the size of Shan state. This is why our citizenship law must be firm. This is to say that the law must prevent non-citizens from entering easily. We must make sure that people of mixed race do not decide our citizenship policies,” Thein Nyunt said.

“The present law states that a fine of 50,000 kyats must be paid by offenders [who cross the border illegally]. We should change it to 500,000 or five million kyats. But the remaining provisions should remain as they are,” Thein Nyunt added. 

Dr Aye Maung, MP and chairman of the Rakhine Nationals Progressive Party, agreed that Myanmar’s citizenship law should be considered in terms of its context. “The 1982 Citizenship Law is only concerned with Myanmar people. The citizenship law of a country has to be passed based on its geo-political situation. It may be different from that of the US or other countries. That should be understood,” he said. 

During a parliamentary session of the Upper House last November, the ruling Union Solidarity and Development Party proposed amending the Citizenship Law. The proposal was shot down. 

Minister for Immigration and Population Khin Yi told Parliament that it took more than six years to complete the law and that it had been approved after receiving public support. 

Rakhine National Congress chairman Tin Htoo Aung also said that Quintana had failed to consider national security. “We would like Quintana to realise that national security and interests are important to a country,” he said. “Settling the case of those invading Myanmar via its border cannot be decided only through the democratic and human rights points of view. If you focus only on human rights, terrorists might enter our country,” he added. 

Mya Aye, a democracy activist and member of the 88 Generation Students Group, said Myanmar’s location between two superpowers was factored into the drafting of the legislation. 

Rakhine National Affairs Minister Zaw Aye Maung said Quintana had overstepped the boundaries of his mission. “He is an envoy of the United Nations and will have to work only on UN functions. He is unauthorised to talk about amendments to the law of any country,” the minister said.

The law predates the military junta, he said, adding that when it was passed by Dr Maung Maung it was not done so to deal with a single issue. “Bengalis live in the west, Chinese in the east and Indians in the northwest. Thais usually enter Myanmar through Myawaday in Kayin state. Considering these points Dr Maung Maung attempted to introduce the law. Quintana shouldn’t think only of Bengalis and this causes his mistake,” Zaw Aye Maung said.

“The UN cannot interfere by prescribing the laws of a country,” he added. 

Myanmar allows all people to independently follow their religious beliefs, Zaw Aye Maung said. 

 “Are Buddhist structures allowed to be built in their country? For instance, does a Buddhist monk have the right to go to Mecca in Saudi Arabia? What about other religious members? When we celebrate Buddhist festivals, everyone is allowed to participate in them,” he said.

U Wirathu, a monk at Mandalay’s Masoeyein monastery, said: “The people in our country can believe in any religion they want. Everybody has to abide by the laws wherever they live in the country … Rules adopted by relevant authorities need to be followed in building religious structures. If they are not, problems might arise.”

A clash in a township in suburban Yangon led to the dismantling on Sunday of an unauthorised religious building that some local residents did not want near their homes

The Yangon City Development Committee had approved a plan to repair a religious teaching school in Manpyay ward (3) of Tharkayta township, but builders attempted to turn the school into a prayer hall.

Mya Aye agreed that construction of buildings needs to adhere to permits. “If we want to build a house, the Yangon City Development Committee has to be informed of the construction,” Mya Aye said. “We have to follow the instructions of the committee. The design of the house we want to build must be the same as that of the committee. If not, those who violate the rules will have to face charges,” he said.

The constitution gives people the right to believe in any religion, but people of every religion must follow the law, minister Zaw Aye Maung said.