Request to recognize the Rohingya as citizens of the Republic of the Union of Myanmar in Court.

Court of Appeal 2025, Case No. 1. Request to recognize the Rohingya as citizens of the Republic of the Union of Myanmar. Rohingya ethnic group v. Republic of the Union of Myanmar and Judgment 3 2025, January, (17). The case is that the plaintiff Rohingya ethnic group requests the defendant Republic of the Union of Myanmar to recognize the Rohingya as citizens of the Republic of the Union of Myanmar. According to the petition, the plaintiff Rohingya ethnic group has been living in the northern Rakhine State of Myanmar since the (15th) century, when Myanmar gained independence in 1948, they gained independence as citizens of the Republic of the Union of Myanmar, the new Citizenship Law was enacted in 1982 and the 1948 Citizenship Law was repealed, the 1982 Citizenship Law defined them as foreigners, and they were expelled from the country due to various forms of oppression. The petitioner submits that many Rohingya people are refugees in Myanmar and other countries around the world, and that the Rohingya people deserve equal rights with citizens of the Republic of the Union of Myanmar. The petitioner makes the following objections. Since the Republic of the Union of Myanmar gained independence as citizens, is it true that the Citizenship Law of 1982 did not enact the right to revoke the citizenship rights of the Rohingya? Objection (1). When Myanmar gained independence in 1948, the Rohingya people were not considered citizens of the Republic of the Union of Myanmar. Objection (2). What relief is the plaintiff entitled to? Objection (1). When Myanmar gained independence in 1948, the Rohingya people were considered citizens of the Republic of the Union of Myanmar, and was not considered citizens of the Republic of the Union of Myanmar. Is it true that the Rohingyas cannot be deprived of their citizenship rights after the Citizenship Law? Regarding the above objection, the witness U Shwe Maung, who testified on behalf of the plaintiff Rohingya ethnic group, testified that he was a holder of a citizenship card under the 1948 Citizenship Law, but he was allowed to travel from Buthidaung to Yangon only with an immigration form (4). The form (4) is a travel permit for foreigners, and Muslims must travel with this certificate. The witness from the opposing side, Major General Htun Myat Naing, testified that he did not recognize himself as a Rohingya, but as a Bengali, and that although there were people living in Myanmar from the beginning, they were claiming to be Rohingya along with the Bengali people brought in by the British. According to the arguments and testimonies of both sides, it is clear that the people who were granted citizenship under the 1948 Citizenship Law no longer have the right to citizenship under the 1982 Citizenship Law. The 1948 Citizenship Act was based on the period of residence, while the 1982 Citizenship Act was based on the period of residence, while the 1982 Citizenship Act was based on nationality. If a nationality could prove its residence in 1948 but was not a resident before 1824 and was considered a foreigner, the nationality would be revoked. A person cannot be tried twice for the same offence. If the Rohingya are Bengali people brought in by the British as coolies, then they are colonized by the British and do not live where they want to live, but where the British make them live. If the country they come from gains independence, that country will be their country. Myanmar is a colonized country, which does not have the power to demand the return of those brought in by the British, nor does it have the power to expel them. A nation needs to define its ethnic name, whether it has the right to choose its place of residence or not, whether it has been allowed to remain permanently. Ethnic name, religion, culture, and customs are the rights of each individual to choose. They are not necessary qualifications for citizenship. In various countries of the world, citizenship is determined only by the period of residence of a person in that country. In the United States, a person is considered a citizen by birth in its country. There is no need to apply or take an oath. All those who arrived in Burma before 1948 and those born to them were entitled to Burmese citizenship by birth without having to apply, and in 1948, Burma gained independence. In the case of the Rohingya people who gained independence as citizens of the Republic of the Union of Myanmar, the answer to objection (1) is yes, as to whether it is true that the Rohingya people cannot be deprived of their citizenship rights after the enactment of the Citizenship Law in 1982. Objection (2) is answered as follows. According to the answer to objection (1), all Rohingya people living in Myanmar in 1948 and all Rohingya people born to them are citizens of the Republic of the Union of Myanmar, regardless of where they live in the world. (Thinzar Mya) CDM Township Magistrate