A/HRC/42/CRP.5
who were absent at the time when the officials went house to house to update the lists. 170
Individuals not registered are at risk of arrest, detention and extortion.171 An interviewee
from Buthidaung, who sought shelter in Bangladesh in early April 2019, stated:
BGP and immigration officers carried out an unannounced and sudden household
inspection in early 2019. They removed the names of villagers who were absent. My
family members were able to register but I could not, since I was not present when
the officials carried out the inspection. I pleaded the village Administrator for help,
which he refused. Following the removal of my name, I was risking arrest for
staying in the village and had to flee Myanmar.172
99.
After the “clearance operations”, the BGP and the Committee for the Prevention of
the Illegal Immigration of Foreigners, or Makapa, commenced a “household list” updating
exercise in late 2018. Conducting population checks after the “clearance operations” had a
particularly detrimental impact on the hundreds of thousands of Rohingya who were unable
to return to their homes to be present for the checks. The Mission received accounts of
inspection authorities deleting the names of Rohingya who had fled to Bangladesh
following the August 2017 events.173
100. One victim recounted to the Mission that the household list updating exercise in his
village, that took place in February 2019, was accompanied by intimidation, coercion,
arbitrary arrests, extortion, high unofficial fees and physical and sexual violence. Women
were forced to remove their veils, which is culturally and religiously sensitive, and in many
cases they were inappropriately touched and sexually harassed by male officials. The
interviewee said officers also used insulting and derogatory language. In addition, each
family had to pay between 3,000 and 5,000 Kyat (2 to 4 USD) to the registering officers as
a bribe.174 Families had to be photographed carrying a card representing their serial number
on the household list, for an additional fee of 5,000 Kyat (4 USD). 175
3.
Conclusion and legal findings
101. Consistent with its 2018 report, the Mission concludes on reasonable grounds, and
for the same reasons, that the Government of Myanmar continues to exceed its sovereign
right to establish laws governing the acquisition, renunciation and loss of citizenship by
violating the prohibition against discrimination and arbitrary deprivation of citizenship,
including when it would result in statelessness. 176 The Mission restates its position that the
1982 Citizenship Law is discriminatory, is inconsistent with Myanmar’s international
human rights obligations and arbitrarily denies Rohingya the possibility of attaining full
citizenship. As a result, the Rohingya are also denied access to basic services, including
education, health care and livelihood opportunities, thereby depriving them of fundamental
human rights.
102. The Mission also concludes on reasonable grounds that the Government is using the
NVC process and its annual household list as tools to deny the Rohingya these rights. The
Government uses NVCs to deny Rohingya their right to citizenship in exchange for false
promises of an effective citizenship process and other fundamental human rights. The
Government is using its annual household list process as a tool to limit the number of
people who can apply for NVCs.
103. When used in this manner, the NVC process is as an integral part of the
Government’s protracted attempts to deny the Rohingya their identity and citizenship.
170
171
172
173
174
175
176
32
FI-024, FI-026, FI-027, FI-029, Statement by UN Deputy High Commissioner for Human Rights,
available from
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24811&LangID=E.
CI-240, CI-241, CI-245, FI-029.
FI-029.
FI-024, FI-026, FI-027, FI-028, FI-029.
The average daily wage in the area is between 5,000 and 10,000 kyat.
FI-050.
A/HRC/39/CRP.2, paras. 469-498.
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