A/HRC/42/CRP.5
restrictions but their operations were strictly limited to food distribution. 345 Other activities,
including livelihood activities, agricultural support and other development efforts, which
were not directly affected by security concerns, were suspended. 346 With the exception of
food assistance, other life-saving programmes outside urban centres remain either
suspended or subject to unpredictable interruptions. 347 At least 95,000 people, who were
directly or indirectly benefiting from humanitarian and development support,348 were no
longer able to access a number of basic services, including healthcare, education and clean
water.349 These newly imposed restrictions are in contrast to the recommendations of the
Advisory Commission on Rakhine State that called for full and unimpeded humanitarian
access.350
170. Many interviewees told the Mission that the distribution of aid was not regular or the
quantity of aid was not adequate, or both.351 The process was marred by irregularities and
discrimination. In one instance, an interviewee said that the Village Administrator, a nonRohingya, collected money from villagers in return for the aid. 352 The Mission also received
credible reports that security forces took relief materials.353 Non-Rohingya Village
Administrators, who receive aid from humanitarian organizations for distribution to the
Rohingya communities, gave preference to ethnic Rakhine over Rohingya. 354 Some
interviewees said that ethnic Rakhine would get double the quantity.355 A man from
Buthidaung Township, who sought shelter in Bangladesh in March 2019, explained to the
Mission:
Distribution of humanitarian aid was not regular. The amount of relief materials
was not sufficient for a family. Sometimes, villagers would receive aid once a month
and sometimes once every 2 or 3 months. Survival became very difficult. 356
3.
Conclusions and legal findings
171. The International Covenant on Economic, Social and Cultural Rights (ICESCR)
became binding on Myanmar in January 2018. It places obligations on States to recognize
and ensure the right to an adequate standard of living, including adequate food, 357 and the
highest attainable standard of health.358 The Convention on the Rights of the Child (CRC),
to which Myanmar is also party, provides similar obligations towards children
345
346
347
348
349
350
351
352
353
354
355
356
357
358
56
March 2019, The Lutheran World Foundation, International NGOs call for unrestricted access to
affected populations in Myanmar’s Rakhine state, 22 January 2019.
FI-024, CM-007, LM-056, FFFGEN-1-84141, Reuters, U.N. calls for 'rapid and unimpeded' aid
access to Myanmar's Rakhine, 14 January 2019.
FFFGEN-1-84141, Norwegian Refugee Council, Statement of INGOs in Myanmar on the situation in
Rakhine, 1 April 2019, Frontier Myanmar, Rakhine aid access ban leaves 95,000 lacking basic
services, say INGOs, 2 April 2019.
FFFGEN-1-85647.
FFFGEN-1-84141, FFFGEN-1-85647, and Frontier Myanmar, Rakhine aid access ban leaves 95,000
lacking basic services say INGOs, 2 April 2019, Norwegian Refugee Council, Statement of INGOs in
Myanmar on the situation in Rakhine, 1 April 2019.
Frontier Myanmar, Rakhine aid access ban leaves 95,000 lacking basic services, say INGOs, 2 April
2019, Norwegian Refugee Council, Statement of INGOs in Myanmar on the situation in Rakhine, 1
April 2019.
Advisory Commission on Rakhine State, Final Report, Towards a peaceful, fair and prosperous
future for the people of Rakhine (August 2017).
CI-209, CI-225, CI-226, CI-240, CI-287, CI-289, CI-306, LM-056.
FI-024.
FI-024, FI-025, Refugees International, Abuse or Exile: Myanmar’s ongoing persecution of the
Rohingya, 1 April 2019.
CI-209, CI-225, CI-226.
CI-225, CI-226, CI-293.
CI-289.
ICESCR, art. 11.
ICESCR, art. 12; For a more detailed discussion of economic, social and cultural rights, see Legal
Framework.
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