A/HRC/32/18
42.
Approximately 30,000 Muslim children in camps for internally displaced persons
depend on temporary learning spaces supported by humanitarian organizations. The quality
of education is a matter of concern, given the lack of qualified teachers, textbooks, teaching
materials and teaching time. The consequences of lost years of education are devastating
for future livelihood opportunities and the ability of young members of the Rohingya and
Kaman communities to contribute to the development of Myanmar. Preventing coeducation of Rohingya and Rakhine is discriminatory and a violation of the right to equal
access to education. It also restricts opportunities for interaction and reconciliation between
communities.
7.
Other restrictions based on local orders
43.
In northern Rakhine State, a number of local orders targeting the Rohingya are
discriminatory in intent and effect. Many have no legal basis, but are policies and directives
issued by government authorities or law enforcement bodies ostensibly to prevent illegal
immigration and to control movement and population growth. Although the degree to
which the orders are enforced is unclear, their impact remains pervasive. Under one local
order, couples are required to follow costly and arduous administrative procedures to secure
a marriage permit, which itself includes restrictions on the number of children and a
requirement to use contraception. Non-compliance is a criminal offence, punishable by up
to 10 years of imprisonment. OHCHR received reports of women and girls resorting to
unsafe abortions out of fear of contravening the orders.
44.
It is estimated that 5,000 children born in contravention of local orders are excluded
from official household lists and placed on a separate list (the “black list”). Moreover, birth
certificates have not been issued for Rohingya children since the 1990s. The lack of official
documentation and effective legal identity has serious consequences for all stages of life,
further restricting their freedom of movement and access to health care and education. It
also heightens their vulnerability to human rights violations, such as arbitrary arrest and
detention, and extortion.
45.
The local orders constitute a violation of fundamental rights, including the principle
of non-discrimination, freedom of movement, the rights to privacy, to marry and to found a
family, and the rights of the child.31
8.
Limitation on political rights and documentation
46.
In February 2015, the previous Government announced the expiry of “temporary
identity certificates” held by some 700,000 stateless people across the country, including
the Rohingya, the Chinese and other minority groups. The certificate was the primary
document held by stateless persons in Rakhine to confirm their legal residence in Myanmar.
In June 2015, a new “identity card for nationality verification” was announced; however, it
was widely viewed with suspicion, and acceptance has been extremely low. Consequently,
hundreds of thousands of stateless persons in Rakhine have no valid individual identity
document confirming their legal residence.
47.
During the elections in 2010, holders of temporary identity certificates were granted
the right to form and join political parties, and to vote. Before the elections held in
November 2015, however, steps were taken to prevent certificate holders from participating
in political life.32 In September 2014, the Parliament amended the Political Parties
31
32
See the Convention on the Elimination of All Forms of Discrimination against Women, arts. 1 and 16,
the Convention on the Rights of Persons with Disabilities, arts. 18, 22 and 23, and the Convention on
the Rights of the Child, arts, 2, 7 and 16.
Universal Declaration of Human Rights, art. 21.
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