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The Rohingya in Myanmar: Legal Status and Identity in a System of Plural Legal Orders

Beneker, Hanna LU (2018) SOLM02 20181
Department of Sociology of Law
Abstract
This master’s thesis in Sociology of Law aimed to examine how plural legal orders and discourses work in Myanmar and how they influence the Rohingya Muslims’ legal status and identity. The research of this thesis was conducted by analysing various documents from international and national actors involved in the processes in Rakhine. The objective of this thesis was to reach my set aim by conducting a critical discourse analysis. The Rohingya’s legal status and identity was researched against the Burmese Citizenship Law of 1982 and the Universal Declaration of Human Rights. My results show that international law and plural legal orders other than national law have only little or no impact on the legal status and identity of the Rohingya.... (More)
This master’s thesis in Sociology of Law aimed to examine how plural legal orders and discourses work in Myanmar and how they influence the Rohingya Muslims’ legal status and identity. The research of this thesis was conducted by analysing various documents from international and national actors involved in the processes in Rakhine. The objective of this thesis was to reach my set aim by conducting a critical discourse analysis. The Rohingya’s legal status and identity was researched against the Burmese Citizenship Law of 1982 and the Universal Declaration of Human Rights. My results show that international law and plural legal orders other than national law have only little or no impact on the legal status and identity of the Rohingya. Although the Rohingya’s identity is defined as legitimate by most of the international actors, the Government of Myanmar denies the Rohingya their legal and legitimate ground to apply for citizenship under new the Citizenship Law of 1982. Thus, national law trumps all other legal orders that might intervene in national affairs. (Less)
Please use this url to cite or link to this publication:
author
Beneker, Hanna LU
supervisor
organization
course
SOLM02 20181
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Rohingya, Myanmar/Rakhine, ethnic minority, legal pluralism, legality/legitimacy, legal status and identity, citizenship law
language
English
id
8946305
date added to LUP
2018-06-25 13:32:23
date last changed
2018-06-25 13:32:23
@misc{8946305,
  abstract     = {{This master’s thesis in Sociology of Law aimed to examine how plural legal orders and discourses work in Myanmar and how they influence the Rohingya Muslims’ legal status and identity. The research of this thesis was conducted by analysing various documents from international and national actors involved in the processes in Rakhine. The objective of this thesis was to reach my set aim by conducting a critical discourse analysis. The Rohingya’s legal status and identity was researched against the Burmese Citizenship Law of 1982 and the Universal Declaration of Human Rights. My results show that international law and plural legal orders other than national law have only little or no impact on the legal status and identity of the Rohingya. Although the Rohingya’s identity is defined as legitimate by most of the international actors, the Government of Myanmar denies the Rohingya their legal and legitimate ground to apply for citizenship under new the Citizenship Law of 1982. Thus, national law trumps all other legal orders that might intervene in national affairs.}},
  author       = {{Beneker, Hanna}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The Rohingya in Myanmar: Legal Status and Identity in a System of Plural Legal Orders}},
  year         = {{2018}},
}