A/HRC/10/19
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and frequent reports on civilians being forced to serve as porters and guides for the military, to
build and maintain roads, to construct military camps and to work on infrastructure projects. The
Special Rapporteur has received reports on human rights abuses in relation to extractive projects,
which bring in an increased military presence to oversee preparations, such as the building of
roads and for setting up infrastructures, relying on forced labour and land confiscation. He calls
upon all those involved in such extractive projects to carry out human rights impact assessments
in order to avoid this kind of human rights abuse.
66. The Special Rapporteur remains concerned over the continued discrimination against the
Muslim population of Rakhine State. Ongoing human rights violations, such as restrictions on
the exercise of religion, forced relocation, land seizures and restrictions on freedom of
movement, have been reported. In November 2008, the Committee on the Elimination of
Discrimination against Women urged the Government of Myanmar to review the 1982
citizenship law that places unreasonable restrictions on the Muslim population of Rakhine State
in the enjoyment of their fundamental rights, and denies them citizenship. They are subject to
multiple restrictions and forms of discrimination, require official permission to marry and have
children, and are criminalized for non-compliance. They have an illiteracy rate of 80 per cent,
and their movements are restricted. Since 1994, the authorities have stopped issuing birth
certificates, leaving thousands of children unregistered. As non-citizens, women are barred from
serving as schoolteachers or as nurses. They are vulnerable to sexual violence. The presence of
the Office of the United Nations High Commissioner for Refugees (UNHCR) in the region,
established after the 1992 refugee influx into Bangladesh, has had a stabilizing effect. The
continued presence of UNHCR and other humanitarian organizations is most important.
67. The Special Rapporteur calls upon the Government to ensure that ethnic minorities are
granted fundamental rights, as enshrined in the Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities and article 30 of the Convention on
the Rights of the Child. In the light of the seven-step road map to democracy and the new
Constitution, especially articles 34 (freedom of religion), 347 (equal rights of all persons before
the law) and 348 (prohibition of discrimination based on race, birth, religion, official position,
status, culture, sex and wealth), he urges the Government to continue and complete the
amendment of domestic laws to ensure the full enjoyment of human rights without
discrimination for all people in Myanmar.
D. Living conditions, sustenance and humanitarian assistance
68. In August 2008, the Special Rapporteur travelled to the cyclone-affected areas, including
Labutta in Ayeyawady Division, and Kyaukkalat, Khongyi, Pyinsalu and Kyatshar villages
(A/63/341, para. 67).
69. The Special Rapporteur welcomes the achievements of the Tripartite Core Group,
established in May 2008 by the Government of Myanmar, the Association of Southeast Asian
Nations and the United Nations, in its relief efforts in the aftermath of Cyclone Nargis. Its
post-Nargis periodic review of 19 December 2008 indicated that progress had been made,
notwithstanding initial problems, and that most of the affected population had received some
form of support and assistance. It has been reported, however, that living conditions for a large
proportion of the population remain difficult. Some 15 per cent of children still suffer from
malnutrition, and many households remain in inadequate shelters.
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