Abstract
The root cause of the exclusion, to which the Rohingya people have been subjected, is often overlooked. While contemporary researchers are ostensibly treating the case as a minority crisis, humanitarian problem or mere citizenship conundrum, the constitutional plight accountable for Rohingyas’ cataclysmic exclusion was not comprehensively investigated before. This research gap provided the motivation for this doctoral project, which academically tackles the exclusionary constitutional peoplehood in Myanmar, that dates to the country’s postcolonial era and has been enshrined within the subsequent constitutional frameworks. In addition to identifying the crisis, this thesis proposes the (inclusive) ‘constitutional identity of people’, a conceptual (constitutional) framework, which is normatively competent to counter any form of exclusion from constitutional peoplehood.Across the factual framework, this thesis has investigated the Rohingya people’s roots and their evolution in Myanmar over the centuries to substantiate their legitimate claim for constitutional inclusion. Following this, the narratives of their exclusion have been examined in the light of constitutional laws that deny inclusive peoplehood in Myanmar. In doing so, Myanmar’s constitution-making histories and relevant constitutional components, especially, the preamble that abstractly crafts and addresses peoplehood and the citizenship clause that specifically constructs nationality along with other relevant provisions have been analysed critically. Moreover, the underlying politics, that escalated exclusion, have also been diagnosed to understand the reasons behind the denial of Rohingyas.
In the theoretical framework, the conceptualisation, structure, processing, and theoretical foundation of ‘constitutional identity of people’ have been explained with necessary clarification. Furthermore, the conceptual groundwork of the ‘constitutional identity of people’ has engaged ‘individual rights’ argument and its transcendence over the ‘group rights’ polemic. Therefore, this identity premise requires an inclusive and harmonised constitutional structure involving the preamble and citizenship clauses with the reflection of individualism-based ‘equality’. The nuanced ‘constitutional identity of people’ entails the constitutional integration of people instead of the mere accommodation of ethnic groups. However, in constructing the ‘constitutional identity of people’, inclusive and participatory constitution-making has been emphasised in the belief that it facilitates inclusive peoplehood.
After setting forth an inclusive model of the ‘constitutional identity of people’, the thesis has advanced a comparative study of international human rights laws and the constitutional frameworks of some selected jurisdictions, including the USA, India, and South Africa, to justify its universal importance and rational imperatives in ethnic-racially diverse countries. Finally, an inclusive constitutional design, leading to the common ‘constitutional identity of people’, has been prescribed for Myanmar to integrate the Rohingya people objectively and permanently rather than accommodating them subjectively or provisionally.
| Date of Award | 12 Sept 2024 |
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| Original language | English |
| Awarding Institution |
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| Supervisor | Fozia Nazir LONE (Supervisor) |