From Citizen to Stateless Samuel Farris 1 Samuel

From Citizen to Stateless Samuel Farris 1 Samuel Farris

Timeline • 1785: Kingdom of Arakan falls to Burmese • 1824 -1826: Anglo-Burmese War. Becomes a British colony • 1942 -1945: Japanese invade Burma • 1948: Burma gains independence • 1960: Rohingya vote • 1962: Military Coup. Increased ethnic discrimination • 1982: Citizen law excludes Rohingya from countries 135 national races • 1989: Burma renamed Myanmar • Arakan state renamed Rakhine State 1

“Muslims of Arakan certainly belonged to the indigenous races of Burma” - Sao Shwe Thaike, Burma’s first President “The Rohingya has the equal status of nationality with Kachin, Kayah, Karen, Mon, Rakhine and Shan” - U Ba Swe, Burma’s second prime minister 1

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Explanations • Conflicting historical narratives • Changes in political language • Gaps between laws and implementation 1

Background • Rakhine State • (current name) • Arakan State • (former name) • Historically the location for the Kingdom of Arakan • Modern day inhabited by Rakhine Buddhists and Rohingya Muslims 1

Kingdom of Arakan • Maritime Empire • Islamic Influence from Bengali Traders • Use of Islamic Motifs in Royal Court • Muslims have resided within the region historically • Ethnicity not ridged • Conquered in 1784 by the Burmese 1

Are Rohingya an indigenous race? • Supporters • Opponents • Rohingya is a relatively new term applied to Muslims within the region • Downplay or deny historical Muslim links in the area • Long historical Muslim evidence • Claim Rohingya come from Bangladesh during colonial rule • Believe term “Rohingya” came from “Arakanese” • Believe “Arakanese” is synonymous with Buddhism 1

The evolution of tiangyinthu • Dr. Nick Cheesman argues that the current word tiangyinthu Which currently means “National Race” has evolved over time • Originally it was used to describe native handicrafts, medicines, and trades • Currently means “Myanmar's different linguistic and cultural groups joined together by shared ancestry and/or common homeland” 1

British Colonial Period 1823 -1942 • British had policies for ruling the ethnic majority (Burman People) • Allowed for ethnic minorities to have autonomy • During this time taingyintha was used to denote those who are not “Chinese, European, or Indian” 1

Japanese Occupation of Burma 1942 -1945 • Heightensions between Arakan Muslims and Buddhists • Arakan Muslims side with the British • Arakan Buddhists side with the Japanese • Massacres on both sides • British reward loyal Muslim population in Arakan 1

Independence 1948 • taingyintha used as an inclusive term • Used to promote loyalty to the state during civil wars • Civil wars were a threat to state survival Burma’s first president Sao Shwe Thaik 1

Union Citizen Act of 1948 “any of the indigenous races of Burma’ shall mean the Arkanese, Burmese, Chin, Kachin, Karen, Kayah, Mon, or Shan race and such racial group as has settled in any of the territories included in the Union as their permanent home from a period anterior to 1823 A. D” -Union Citizen Act 1948 “Any person descended from ancestors who for two generations at least have all made any of the territories included within the Union their permanent home and whose parents and himself were born in any of such territories shall be deemed to be a citizen of the Union. ” -Union Citizen Act 1948 Article 4 1

General Ne Win’s Coup 1962 • Disbands all parties except his own • Uses term tiangyinthu (National Race) like previous government • Wields more power and civil war no longer a threat to state survival • Begins the Institute of Development of National Races in 1964 • Increased discrimination 1

Bangladesh Liberation War • War between Bengali nationalists and Pakistan • Large number of Bengali refugees in Rakhine (Arakan) • Rakhine Buddhists pressured government to crackdown on illegal immigration • Result: 200, 000 Rohingya flee to Bangladesh • Ne Win under pressure accepted to take back the 200, 000 refugees in 1978 1

Citizen Law of 1982 • “Nationals such as Kachin, Kayah, Karen, Chin, Burman, Mon, Rakhine, and ethnic groups who have settled in any territories including within the State as their permanent home from a period anterior 1185 B. E. , 1823 A. D are Burma citizens” • “Every national and every person born, both of whom are born nationals are citizens” • Rohingya dropped out of the 135 national recognized races 1

Citizen Law of 1982 • “A person who is already a citizen on the date of this law comes into force as a citizen” -Citizen Law of 1982 Article 6 • Never enforced but law not specifically targeting Rohingya 1

Consequences of not being citizens • Lack of citizenship has left the Rohingya vulnerable, as they have no legal rights and are unable to participate politically • 1991, Soldiers sent in Rakhine and confiscated Rohingya land • Government stopped issuing birth certificates 1

Consequences 2012 Violence • Mass atrocities in Rakhine state in 2012 • Started from death of a Rakhine woman • All Muslims in the region targeted • Retaliations against Rakhine Buddhists • Outcome: 140, 000 mostly Rohingya displaced • boat crisis 1

Classroom Ideas • Using this case study to talk about what defines a person as a citizen • Gaps between laws and implementation • How changes in language can shape politics • Dangers of lacking citizenship and bringing other examples of stateless people in history 1