A/HRC/13/48
release all those prisoners currently serving sentences for illegal marriage, a topic he raised
with the Chief Justice during his last mission.
90.
The Special Rapporteur notes that the Government should comply with the
conclusions of the Committee on the Rights of the Child, which recommended that the
Citizenship Act be repealed4 and that in the light of articles 2 (non-discrimination) and 3
(best interests of the child) of the Convention, “abolish the categorization of citizens, as
well as the mention on the national identity card of the religion and the ethnic origin of
citizens, including children. In the view of the Committee, all possibility of stigmatization
and denial of the rights recognized by the Convention should be avoided.”5
91.
Also of concern are the extreme restrictions on movement placed on this Muslim
population due to their lack of citizenship, which limits their employment opportunities.
The situation of poverty appears to be exacerbated by the frequent imposition of arbitrary
taxes and forced labour, which has been on the rise since November 2008, as a consequence
of military expansion in the area, as well as by the construction of a barbed wire fence
along the border in March 2009 to prevent Muslims from travelling back and forth.
92.
The impact of these policies of discrimination is felt through family and social
breakdowns in the community. The situation has resulted in the exodus of many from the
community. In 2009 hundreds attempted the dangerous journeys by boat, risking their lives
at sea. Some were pushed back to the sea. Others remain in detention facilities in the
countries where they landed. The risk of another mass exodus of people remains unless the
economic and social conditions for the community are adequately addressed with respect
for their fundamental human rights.
93.
In Rakhine State, it is said that only 13 per cent of households are able to meet their
food needs for the entire year, and 26 per cent of the population suffers from malnutrition.
Between 70 and 90 per cent of a household’s income is allocated to food purchase. Only 30
per cent of the population is said to receive public health care. A third of the population has
no access to clean water. Prevalent causes of mortality are malaria, diarrhoea, respiratory
and skin infections, intestinal parasites and cholera. The maternal mortality rate is much
higher than in the rest of Myanmar (380 women per 100,000 births). There are three doctors
per 430,000 people in Maungdaw, and two per 280,000 in Buthidaung.
94.
The Special Rapporteur commends the Government on its agreement to extend and
strengthen the presence of the Office of the United Nations High Commissioner for
Refugees in Northern Rakhine State, and its identification of key social and economic areas
for cooperation, which will be facilitated by the support announced by some donors. The
Special Rapporteur hopes that all members of the United Nations Country Team could
contribute to this cooperation in the identified areas.
G.
Living conditions, sustenance, humanitarian assistance
95.
The enjoyment of economic, social and cultural rights is seriously impeded by the
social, economic and development conditions in the country, affecting the most vulnerable
populations, including those in remote states and those recovering from Cyclone Nargis.
This vulnerability is the result of the Government’s policies, and is further exacerbated by
the impact of the global economic crisis, food insecurity and climate change.
4
5
GE.10-11915
CRC/C/15/Add.69, para. 28.
Ibid., para. 34.
17
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