A/HRC/42/CRP.5
Bangladesh during the first seven months of 2019.259 The Mission found that this drop in
arrivals has been partly due to the increase in movement restrictions, particularly the
proliferation of security checkpoints, accompanied by increased documentation
verifications across northern Rakhine State.260
143. Restrictions on freedom of movement are affecting almost every aspect of the way
of life of the Rohingya community. Some recent movement restrictions may be attributable
to some extent to the continued conflict between the Tatmadaw and the Arakan Army
(AA), discussed below. However, the evidence is that they are targeted specifically at the
Rohingya and, predominantly, they are not merely collateral to the AA conflict.
Current restrictions on Rohingya freedom of movement
144. The Government currently restricts the freedom of movement of Rohingya through a
combination of local orders, verbal instructions and security checkpoints, soldiers and
patrols,261 which have the cumulative effect of confining them to their villages and
camps.262 The Mission received numerous and consistent accounts that the authorities in
Buthidaung Township, and in particular the Tatmadaw, issued verbal instructions and
threats, restricting movement of Rohingya even between villages. 263 For inter-township
travel, Rohingya have to obtain authorisation (known as a “Form 4”), even though they do
not fall into the category of either “foreigners” or “Bengali”. Travel authorisation usually
restricts the travel to a prescribed validity period, generally one or two weeks. 264 The
process to obtain a travel authorisation is expensive and lengthy and involves cumbersome
bureaucratic procedures. For travel between villages, Rohingya have to obtain a village
departure certificate to travel outside their own village tract and in some cases even for
traveling between villages within the same tract. 265 Interviewees told the Mission that, for
months following the August 2017 “clearance operations”, people could not venture out of
their villages.266
145. Rohingya who travel without the necessary documentation risk arrest 267 and
prosecution under section 188 of the Penal Code or the 1949 Residents of Myanmar
Registration Act.268 The latter carries up to six months imprisonment for not producing a
registration card when being checked.269 Section 188 of the Penal Code and the Residents
Registration Act provide detention sentences of one month to two years for disobeying a
public servant’s order. The Mission received information that many of the female prisoners
in Buthidaung Prison were serving jail terms for violating the Government’s movement
restrictions.270
146. Rohingya who arrived in Bangladesh during the reporting period told the Mission of
a notable increase in security checkpoints and presence of soldiers along the roads and
waterways across Rakhine State. The increase in checkpoints was coupled with an increase
in document-checking, as well as more severe punishment for those who failed to produce a
259
260
261
262
263
264
265
266
267
268
269
270
UNHCR, Population Factsheet, available from
https://data2.unhcr.org/en/documents/download/70585.
CI-288, FI-023, FI-024, FI-052, FFFGEN-1-84224, CI-287, CI-306, FI-023, FI-024, FI-025, FI-029,
LM-056, RM-010, V-370, see also Australian Strategic Policy Institute, Mapping Conditions in
Rakhine State, available from https://pageflow.aspi.org.au/rakhine-state.
FI-007, FI-024, FI-025, FI-035, FI-048.
CI-264, CI-267, CI-270, CI-287, CI-306, FI-024, FI-025, RM-010, FFFGEN-1-84224, V-370,
https://pageflow.aspi.org.au/rakhine-state.
CI-310, FI-024, FI-026, FI-027, FI-028.
A/HRC/39/CRP.2, Para 667, FFFGEN-1-84224.
FFFGEN-1-84224.
CI-229, CI-270, FI-007, FI-010, FI-024, FI-025, FI-027, FI-028, FI-031, FI-035, FI-046.
FI-007, FI-024, FI-031, FI-048, FI-052, FFFGEN-1-184224.
FFFGEN-1-184223, A/HRC/39/CRP.2, para 511.
The Resident of Burma Registration Act, 1949, article 4(2)c and 6 (3), available from
http://www.burmalibrary.org/docs12/The_Residents_of_Burma_Registration_Act-1949.pdf
FI-016, FI-052.
49
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