A/HRC/53/26/Add.3
97.
Rohingyas are vulnerable to many human rights violations, given that they have no
means to regularize their status or ability to work in the formal sector. In practice, there are
no pathways to citizenship. Resettlement options or complementary pathways to admission
to third countries are also limited.
98.
The Special Rapporteur is concerned that livelihood opportunities within the camps
are very limited, increasingly so, given reports of incidents where camp officials dismantled
shops in the camps that provided goods and services for the refugees. Around 3,000 such
shops were demolished by officials in 2021.
99.
In addition, the authorities banned informal community-led schools and have only
permitted the teaching of the curriculum of Myanmar to Rohingya children, although without
the proper and necessary accreditation in Myanmar. Young learners are thus severely limited
in their ability to gain an adequate education, and there are no real prospects for secondary
and tertiary education. In December 2021, the banning of informal community-led schools
affected around 40,000 students.
100. Freedom of movement has also been hindered, and threats, curfews and harassment
at checkpoints are commonly reported. The Special Rapporteur was also informed that
children born to Rohingyas are also not issued with official birth certificates, thus creating
additional generations of statelessness with no real prospects of living a dignified life.
Although there are identification cards issued to Rohingyas, they do not provide legal rights
to access to adequate education, employment, freedom of movement or other fundamental
human rights.
101. The Special Rapporteur understands that, strictly in the context of repatriation,
through the local court in Cox’s Bazar, the Government of Bangladesh began issuing formal
birth certificates in December 2022 only to the children of those Rohingya families who had
reportedly been verified and cleared by Myanmar for possible return, under the ongoing
bilateral negotiations between Bangladesh and Myanmar. However, this benefits a tiny
fraction of Rohingya refugee children, and the vast majority of Rohingya children remain
without formal birth registration, following the August 2017 influx.
102. The Special Rapporteur notes with concern the reports of abuses and insecurity within
the camps. Criminal activities exist in the Rohingya camps, perpetrated by certain groups
also responsible for serious human rights violations, thus highlighting the need for a more
robust and effective law enforcement system to ensure protection and security for all who
live in the camps. Drug trafficking is also commonly reported, with some interlocutors
making reference to collusion between criminal groups and the officials overseeing the camps.
Some Rohingyas have reportedly been victims of arbitrary arrest, extortion and harassment
by members of the armed police battalion who are stationed in the camps.
103. The Special Rapporteur also observed that housing structures in the camps that he
visited required attention, given the susceptibility of the camps to the destructive impact of
climate change, which has resulted in fire and flooding incidents. He notes with concern that
the extremely poor conditions of housing have added to the lingering sense of hopelessness
that Rohingyas experience. Given that many of the camps are ring-fenced and extremely
congested, space is very limited. The Special Rapporteur understands that there is a
willingness from donors to provide funding to support the improvement of housing structures,
and he encourages the Government to facilitate the provision of assistance towards improving
housing conditions, as this can help to safeguard Rohingyas, not only from climate disasters,
but also from other threats, including to their health and security.
104. The Special Rapporteur noted the sense of despair that many Rohingyas he met with
were experiencing. Some have tried to leave the camps, only to become victims of trafficking,
exploitation, sexual violence and attacks. The desperate situation of Rohingyas has also led
to many leaving Bangladesh by sea or by land hoping to reach Malaysia and neighbouring
countries. The dangerous boat journeys that they undertake have resulted in a number of
deaths at sea. A number have been found in need of food, water or medicine – or deceased –
having been stranded in distress at sea for prolonged periods of time. More than 3,500
Rohingyas attempted dangerous sea crossings in the Andaman Sea and the Bay of Bengal in
2022, a fivefold increase over the previous year.
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