A/HRC/32/18
Rohingya in Rakhine State. The lack of citizenship of the Rohingya community heightens
their vulnerability to a range of human rights violations.
27.
In June 2014, the Government initiated a citizenship verification process, piloted in
Myebon (Rakhine State). Members of the Rohingya community refusing to identify as
“Bengali” were arbitrarily excluded from the verification process. The process was
reportedly suspended in 2015. Although those granted citizenship in Myebon were allowed
to vote in 2015, their freedom of movement and access to basic services and livelihoods
after receiving citizenship has not improved. On 7 June 2016, a citizenship verification
process – conducted within the framework of the Citizenship Law of 1982 – was
relaunched in Kyaukpyu, Myebon and Ponnagyun.
2.
Restrictions to freedom of movement
28.
The Rohingya and the Kaman face severe restrictions on their freedom of
movement. Although in place in northern Rakhine State for decades, restrictions were
tightened after 2012 and differ in severity between townships. Even though their stated
purpose is to ensure security, their application is disproportionate and discriminatory, given
that they target Muslims exclusively. The majority of Rohingya live in northern Rakhine
State, where they require official authorization to move between, and often within,
townships (in northern Rakhine State, for example, a village departure certificate is
required to stay overnight in another village.). The procedures to secure travel are onerous
and time-consuming. Failure to comply with requirements can result in arrest and
prosecution. Restrictions routinely lead to extortion and harassment by law enforcement
and public officials.
29.
Since the outbreak of violence in June 2012, town administrators have imposed a
curfew in northern Rakhine State, allegedly to “protect the safety of both communities”.
The curfew, regularly extended since 2012, is reportedly based on section 144(1) of the
Myanmar Code of Criminal Procedure, which permits temporary orders in urgent cases and
requires a magistrate or delegate to issue a curfew order. OHCHR received credible
allegations that the procedure prescribed by section 144(1) has not been followed. The
curfew affords broad discretionary powers to the authorities, including with regard to
limitations on assembly and prohibiting movement between dusk and dawn. The curfew
constrains the ability of Muslims to worship and practice religion freely by limiting
gatherings of more than five people. Reportedly, it is only enforced against the Rohingya.
While a separate presidential state of emergency was lifted in March 2016 in northern
Rakhine State, the curfew remains in place.
30.
Most of those displaced during the violence in 2012 reside in central Rakhine State,
in approximately 39 camps for internally displaced persons. Restrictions on movement in
camps are severe, and many are subject to extreme security measures. In certain locations,
there is strict control of access and exits through security checkpoints. Given the nature,
extent and duration of confinement, many camps could be considered places of deprivation
of liberty under international law (see CCPR/C/GC/35, paras. 3 and 5).24
31.
The blanket restrictions on freedom of movement for Muslim communities clearly
violate international human rights law, which requires any limitations to be necessary and
proportionate (see CCPR/C/21/Rev.1/Add.9, para. 14).25 The restrictions discriminately
target the Muslim population and severely constrain their access to livelihood, food, health
24
25
8
See Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2, annex), Principle 12: 1-2.
Universal Declaration of Human Rights, arts. 13 and 29(2).