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Myanmar

Myanmar

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Contributor: Jose Arraiza
Organization: Independent researcher
Last update:

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Currently, Myanmar is a state under military capture. This fact is important to understanding the human rights impact of implementing a Digital ID program that can be used by the military to strengthen its control over citizens through surveillance and repression. Military control also makes it difficult to access reliable information on the Digital ID system. The State Administration Council sources – controlled by the military – claim the Unique Identification Digit (UID) will be given to all legal residents regardless of citizenship status, however, the criteria for obtaining the national Digital ID will be determined based on the 1982 Citizenship law, a discriminatory system that has already created one of the largest stateless populations worldwide.[1] There was no public participation in the development or implementation of this program, instead, guidance was sought from China and India for technological tools and models focused on security, surveillance and exclusion of groups considered to be alien to Myanmar despite having their legitimate claims.

[1] https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/119

  • Right now, there are no specific laws concerning Digital ID.
  • Relevant laws concerning access to citizenship:
    • 1948 Union Citizenship Law
    • 1949 Residents of Burma Registration Act
    • 1951 Residents of Burma Registration Procedures
    • 1982 Citizenship Law
    • 1983 Citizenship Procedures.
  • There is no current definition of Digital Identity in the Myanmar legal framework.
  • Under the 2021 military takeover by the SAC, previous privacy or data protection laws may not be effective. In fact, in 2022, a draconian cybersecurity law was introduced.
    • Engaged Media commented: “[a] particular concerning provision in the proposed law involves the regulation of virtual private networks (VPNs), which many of our people have been using to access unregulated websites and communication platforms since the military blocked Facebook and social media sites last year. The draft bill seeks to outright ban the everyday use of VPNs, requiring any usage of such to be registered with the authorities. Anyone caught using or encouraging the use of VPNs faces a prison sentence of up to three years. This provision not only limits our access to information, but will also directly affect the livelihoods of those who rely on online spaces and social media to conduct business.”[1]
  • Below are relevant laws on data protection and privacy from various legislations
    • Financial Institutions Law (2016);
    • Telecommunications Law (2013);
    • Notification 116/97 of the Ministry of Finance and Revenue;
    • Law Relating to Private Health Care Services (2007); and
    • Electronic Transactions Law (2004) and its 2021 amendment. [2]
  • Additionally, Article 357 of Myanmar’s Constitution provides for the protection of “privacy and security of home, property, correspondence and other communications of citizens under the law,” subject to other constitutional provisions.
  • Myanmar’s 2017 Law Protecting the Privacy and Security of Citizens also sets out protections for the privacy and security of communications. This law places a general obligation on authorities to protect privacy (Article 4) and prohibits them from entering private residences, conducting intelligence, intercepting communications, obtaining telephonic or electronic communications and other similar activities without authorisation (Article 8).[3]

[1] “New Threats to Digital Rights Marks the One Year Anniversary of the Coup”, https://engagemedia.org/2022/myanmar-coup-digital-rights/

[2] Data Protection Laws in the World: Myanmar, https://www.dlapiperdataprotection.com/index.html?t=law&c=MM

[3] Centre for Law and Democracy, Human Rights Analysis of Biometric ID Systems, 2020, available at: https://www.law-democracy.org/live/wp-content/uploads/2020/12/Digital-ID-Note.Nov20.final_.pdf

  • Since the February 2021 coup d’etat, all institutions, including MoI, have been captured by the military. This has worsened challenges faced by individuals in accessing citizenship and receiving identification cards (the Citizenship Scrutiny Card).[1]
  • The motto of MoIP is Mye-myo-ywe Lu-myo-ma-pyôk Lu-myo-hma Lu-myo-pyôk-mi, which translates literally to ‘a landslide does not submerge a race, but another race does’, reflecting a racist ideology developed in the 1930s that imagined the Burmese nation threatened by migration from India and China.[2]
  • According to State Administration Council (military-controlled) media, a Unique Identity (UID) digit will be provided to all residents of Myanmar regardless of their citizenship status. Then, a National ID Card will only be given to citizens, based on the parameters of the 1982 Citizenship Law and related procedures, as implemented by the Ministry of Immigration and Populations (MoIP).[3]

[1] “Navigating with a Faulty Map: Access to Citizenship and Civil Documentation in Myanmar”, Institute on Statelessness and Inclusion, 2021, https://www.academia.edu/110443314/Navigating_with_a_Faulty_Map_Access_to_Citizenship_Documents_and_Citizenship_in_Myanmar ; https://statelessnessandcitizenshipreview.com/index.php/journal/article/view/495

[2] Nyi Nyi Kyaw, ‘Adulteration of Pure Native Blood by Aliens? Mixed Race Kapya in Colonial and Post-Colonial Myanmar’ (2019) 25(3) Social Identities 350, 355.

[3] “UID Essential for the People”, Global New Light of Myanmar, August 2023, https://www.gnlm.com.mm/uid-essential-for-people/

  • While there are no specific complaint mechanisms for the new digital ID card, Article 70 of the 1982 Citizenship Law, accords a person dissatisfied with the decisions of the Central Body related to the Citizenship Scrutiny Card (CSC), the ability to appeal to the Council of Ministers. This decision is then final and the official bodies responsible for implementing the law do not need to provide any reason for the decisions (according to Article 71).
  • Since before the coup, there was discrimination, bribery and other malpractices of the MoIP and its officials. This has likely worsened due to lack of scrutiny since 2021.[1]

[1] ‘A Gender Analysis of the Right to a Nationality in Myanmar’ (Report, Norwegian Refugee Council and Institute on Statelessness and Inclusion, 2018) 16–7; Institute on Statelessness and Inclusion, ‘Navigating with a Faulty Map’, 34–5.

  • No public participation in the design of the current program but the Myanmar Junta (the State Administration Council), has asked for technical assistance from China in designing and implementing their model for digital ID.[1]
  • The 1982 Citizenship Law, drafted during the dictatorship of General Ne Win, also involved no public participation and the narratives leading to its enactment are openly racist.[2]

[1]https://www.barrons.com/news/myanmar-junta-asks-china-for-help-on-new-electronic-id-system-8bbcc725

[2] https://www.burmalibrary.org/en/gen-ne-wins-speech-on-the-1982-citizenship-act

  • There was no HIRA prior to either the laws or projects leading to digital ID.
  • The sought model may be similar to Aadhaar in India, where the e-ID system collects the biography data of citizens 10 years old and above, residing in the country, associate citizens, naturalized citizens, permanent residence (PR) and permanent taxpayer foreigners and puts them in the database and then sets each unique ID number.
    • ID cards with 10 digits and saved biometric data like fingerprints, facial features and iris patterns and personal information like name, father’s name, CSC card number, date of birth, blood type, phone number and address.
    • In July of 2023, the immigration minister went to India to explore implementing a cooperative E-ID system between both countries.[1]
  • When developing the digital ID system, Myanmar’s military authorities sought assistance from China, as well as India. Specifically, in September 2023, the military-appointed Minister of Immigration visited a Beijing based technology company to learn about biometric technology.[2]
    • This company sells products essential to China’s surveillance state, including, “facial recognition, fingerprint identification, palm-print matching, handwriting and vehicle license plate recognition” products.[3]

[1]https://www.irrawaddy.com/news/myanmars-crisis-the-world/myanmar-turns-to-china-for-census-and-surveillance-assistance.html

[2]https://www.irrawaddy.com/news/myanmars-crisis-the-world/myanmar-turns-to-china-for-census-and-surveillance-assistance.html

[3]https://www.irrawaddy.com/news/myanmars-crisis-the-world/myanmar-turns-to-china-for-census-and-surveillance-assistance.html

  • The eligibility criteria will be based on the 1982 Citizenship Law, according to the SAC’s plans where every resident will theoretically be given a UID number. This also defines “Citizenship Scrutiny Card” and its three versions.[1]
  • See Chart 1 for examples of the Citizenship Scrutiny Cards
  • See Chart 2 for an example of the “decision tree” leading to issuance or rejection of CSC by NGO Justice Base
  • The 1982 Citizenship Law – widely denounced as discriminatory law for creating a close Ius Sanguinis system[2]
    • Members of eight recognized “national races” or Taingyintha (Bamarr, Chin, Kachin, Karen, Kayah, Rakhine, Mon, Shan) have direct access to full citizenship
    • All other persons (not exclusively, but often, persons of Indian, Bangladeshi, Pakistani, or Chinese ancestry) are at most entitled to a de facto second class citizenship
    • According to 2014 census of Myanmar, 27% of the population of 11 million persons, lacked any form of documentation.
    • A large number of persons with legitimate claims for citizenship in Myanmar are currently stateless.
      • This includes Rohingya Muslims from Rakhine State.

[1]  https://www.gnlm.com.mm/uid-essential-for-people/ 

[2] Jose Arraiza and Oliver Vonk, “Report on Citizenship Law: Myanmar”, European University Institute (2017), available at: https://cadmus.eui.eu/handle/1814/48284

  • The Digital ID and UID are being piloted in some regions of Myanmar by the Ministry of Immigration and Population. According to some sources, it is also being piloted with civil servants.
  • The Ministry of Immigration and Population, Tatmadaw, other ministries and the Myanmar Computer Federation work together to transfer citizens’ data to the digital system.
    • 52 million data in Naing-4 records and 13 million household registration Form 66/6 have been transferred.
    • Biometric data are currently being collected as per the prioritized groups
    • The SAC conducted training for biometric data collection and implemented a collection project.[1]
      • This move towards collection of biometric data has raised concerns with digital rights activists on human rights, privacy, freedom of expression, and the possibility of surveillance under current military dictatorship.[2]
    • Among UID holders, citizens and eligible persons, qualified to be citizens, will be granted further National ID Smart Cards (NID).[3]

[1] https://myanmarinternet.info/

[2]https://www.biometricupdate.com/202308/myanmars-biometric-data-collection-sparks-rights-violation-fears

[3]https://www.irrawaddy.com/news/myanmars-crisis-the-world/myanmar-turns-to-china-for-census-and-surveillance-assistance.html  ; https://www.myanmaritv.com/news/e-id-system-implementation-meeting-collection-biometric-data-was-held

  • The SAC and its predecessors have regularly implemented special operations to reach out to isolated villages through One Stop Services.

2. Category 2: Underlying technology for ID digitization and the narratives that support it

2.1. What's the underlying technology? What's the narrative that supports it?

There is not a lot of information publicly available concerning the technology being used by the military-appointed State Administration Council, other than news issued by its official media. This section will be updated as information becomes available.  

The narrative used by the State Administration Council (SAC) contains elements of development, international standards and security narratives. There is a particular focus on “scrutinizing” the inhabitants of Myanmar to identify their legal status (the same narrative underlying the national identification card, which is called “Citizenship Scrutiny Card). An example can be found in this statement found in the military-controlled “Global New Light of Myanmar”:

“It is usual that whenever the era changes, the systems also change. I think the better change depends on the government and people of that era. The State Administration Council tries hard to transform into a digital system in accordance with international standards. In implementing an e-government system, the e-ID system is essential and also a key foundation for the development of the country.

Objective of e-ID system


The Ministry of Immigration and Population issues UID (Unique Identity) under the e-ID system to the people aiming for the facilitation of socioeconomic enterprises, the establishment of a fundamental system to identify individuals while the government and private organizations operate online services for Unique ID that is the only way to scrutinize the people residing in Myanmar.
The Ministry of Immigration and Population grants UID (Unique Identity) under the e-ID system to ensure the interests of the country and promote the socio-economic status of its citizens.
Having the UID, the people can be examined that they are the residents of Myanmar, and being system access to e-government applications, they can easily apply for servicing businesses like education, health, SIM registration, banking and financial services, passport, driving licence and local worker identification card. Therefore, UID is essential for the public.” [1]

[1] https://www.gnlm.com.mm/uid-essential-for-people/  

From official SAC media, the model seems to be a combination of UID digits for everyone and National ID Cards for citizens only (based on the 1982 Citizenship Law). As described by official media:

e-ID system
e-ID system collects the biographic data and the biometric data of citizens aged 10 years and above residing in the country, associate citizens, naturalized citizens, permanent residence (PR) and permanent taxpayer foreigners and puts them in the database and then sets each unique ID number (Unique Identity) including 10 digits.
In other words, it is an ID card with 10 digits and it will save the Biometric data like ten fingerprints, facial features and iris patterns and personal information like name, father’s name, CSC card number, date of birth, blood type, phone number and address in the computer.

UID (Unique Identity)
The computer will generate 10 digits for every single person. The UID digit grant will not be concerned with the citizens/non-citizens but it will be granted to all residents living in the country including citizens aged 10 years and above residing in the country, associate citizens, naturalized citizens, permanent residents (PRs) and permanent taxpayers foreigners.

The experts of the Ministry of Immigration and Population, Tatmadaw, other ministries concerned and the Myanmar Computer Federation work together to transfer the data of citizens from paper to digital system. Moreover, over 52 million data in Naing-4 records and over 13 million household registration Form 66/6 have been put into the database with the help of region/state Chief Ministers, said Chairman of the e-ID System Work Committee Union Minister for Immigration and Population U Myint Kyaing.
Currently, the biometric data are being collected as per the prioritized groups and it already collected data of over seven million people until 10 August 2023. Among the UID number holders, the citizens and the eligible persons who are qualified to be citizens will be granted further National ID (NID) Smart Cards.”[1]

[1] https://www.gnlm.com.mm/uid-essential-for-people/

To date, there is insufficient public information about this particular instance. This section will be updated as information becomes available.

As the official SAC media reports, digital data is being centralized: “over 52 million data in Naing-4 records and over 13 million household registration Form 66/6 have been put into the database with the help of region/state Chief Ministers, said Chairman of the e-ID System Work Committee Union Minister for Immigration and Population U Myint Kyaing.”

The junta’s Ministry of Immigration and Population has been recently collecting fingerprints, iris scans, face scans, and an individual’s personal details such as name, father’s name, birth date, blood type, phone number, and email address. This would form part of the biographic data that will be used for the issuance of National ID cards, according to news outlets.[1]

[1] https://engagemedia.org/2023/myanmar-biometric-data-collection/ 

There is not much information about ongoing contracts between private tech companies and the Myanmar military. According to news outlets, the military-appointed Minister of Immigration, Myint Kyaing visited Beijing Hisign Technology Co Ltd in September 2023 to learn about biometric technology. The company sells products which are essential to China’s emerging surveillance state. These include “facial recognition, fingerprint identification, palm-print matching, handwriting and vehicle license plate recognition” products, among others.[1]

[1] https://www.irrawaddy.com/news/myanmars-crisis-the-world/myanmar-turns-to-china-for-census-and-surveillance-assistance.html

There is no publicly available information on the procurement processes.

The technical actors are supporting the military authorities, and therefore engagement is not advisable.

The military authorities have been pushing for this kind of work already for a decade (also during the attempted transition between 2011 and 2021, where the Ministry of Immigration remained under military control).[1]

[1] https://www.mmtimes.com/news/myanmar-receive-austrian-loan-national-e-id-system.html   ; https://mmbiztoday.com/myanmar-working-on-e-id-for-its-e-government-goal/ 

  • There is no publicly available information on this topic. Information will be updated as it becomes available.

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