A/HRC/28/72
extrajudicial, summary or arbitrary executions, sexual violence, arbitrary detention, torture
and ill-treatment in detention, and denial of due process and fair trial rights.
39.
In her meeting with the Chief Minister of Rakhine State, the Special Rapporteur
discussed the Rakhine Action Plan developed by the Union Government and was promised
a copy of the latest version. At the time of writing the present report, she had not received a
copy and was therefore unable to provide fully updated observations on the human rights
implications of the plan. However she remains concerned about any provisions that would
fall below international human rights standards, including any measures that would classify
Rohingya as “illegal aliens” and subject them to possible prolonged internment in
temporary camps or removal from the territory.
40.
A significant component of the Rakhine Action Plan previously described to the
Special Rapporteur is the citizenship verification process for the Rohingya population.
During her recent visit, she visited the Myebon Township camp for Muslim internally
displaced persons where a pilot exercise for citizenship verification has been carried out.
Internally displaced persons participating in the process had their applications and
documents examined to determine their eligibility for citizenship under the 1982
Citizenship Law, on the condition that they identified as Bengali. She was informed by the
Deputy Minister for Immigration that amongst the 2,960 internally displaced persons in the
Myebon camp, 1,312 persons over 18 years old qualified for citizenship verification, 88 did
not apply and 94 had yet to apply. Out of 1,280 applications, to date full citizenship has
been given to 97 persons, and 360 have been given naturalized citizenship. Further work
will now be done to process the status of children under 18. Inside the camp, the Special
Rapporteur was informed by the residents that only 40 persons have received full
citizenship and 169 have received naturalized citizenship. The remainder are awaiting the
results of the exercise and have not yet been provided with their citizenship cards.
41.
The Special Rapporteur met a number of persons in the Myebon Muslim camp who
were Kaman Muslims, a recognized indigenous group, and Buddhists married to Muslims,
which they verified by showing their identity cards. Yet they could not leave the camp,
either out of fear for their security or owing to an actual or perceived lack of authorization.
That illustrates that the human rights challenges go beyond persons identifying as Rohingya
or Bengali and extend to all Muslims in the area and to persons married to Muslims.
42.
The Special Rapporteur was greatly concerned at the abysmal conditions being
endured by persons in the Myebon Muslim camp. Even for those who have received their
citizenship cards, life has not changed. In the absence of progress towards durable
solutions, individual and community coping mechanisms are exhausted and, with no outlets
for boredom and frustration, levels of psychosocial stress and trauma will continue to
increase if the situation is not resolved. Many people told the Special Rapporteur that they
had two options: to stay and die or to leave by boat.
43.
The Chief Minister of Rakhine State informed the Special Rapporteur that the
atmosphere in Myebon Township remains hostile and that Muslims remain in the camp for
their own security. International human rights law is clear on limits to detention where no
crime has been committed. The severe curtailment of the rights of internally displaced
Muslims in parts of Rakhine State, in conditions of detention with limited access to
essential services, is a serious violation of international human rights law and must be
addressed immediately.
44.
Following attacks on United Nations and humanitarian organizations in March 2014,
several international organizations found it necessary to suspend their operations or
withdraw their personnel from Rakhine State, which had a significant impact on the wellbeing of both the Buddhist and Muslim communities. Even though local authorities
mobilized additional humanitarian services, the Special Rapporteur received a number of
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