A/HRC/31/71
37.
In recent years, significant national and international attention has been drawn to the
situation in Rakhine State. Little attempt has been made, however, to address structurally
the serious human rights concerns on the ground. Rakhine is the second poorest State in
Myanmar, and faces long-standing social and economic development challenges that affect
all communities. Challenges include malnutrition, low-income poverty and weak
infrastructure, compounded by natural hazards. 5 Almost four years after the first outbreak
of violence in 2012, there are still some 140,000 internally displaced persons in Rakhine
State, the majority of whom are Muslim. It is crucial that human rights be placed at the
centre of all humanitarian and development responses if sustainable peace and
reconciliation are to be achieved.
38.
The Special Rapporteur is fully aware of the magnitude and complexity of the issues
in Rakhine and their highly politicized nature. The activities of ultra-nationalist political
parties and religious movements have helped to fuel tensions and polarize communities. At
the same time, positive forces are also at play. Many actors are working tirelessly to
promote interfaith dialogue and harmony and to build bridges and trust between
communities. Their approach will, however, unfortunately be limited as long as the deeper
structural and legal issues remain unaddressed. In recent months, a number of new reports
and articles have once again highlighted alleged widespread and systematic human rights
violations faced by the Rohingya for decades, and called for international action.
39.
The Special Rapporteur calls upon the new Government to take immediate steps to
put an end to the highly discriminatory policies and practices against the Rohingya and
other Muslim communities in Rakhine. In practice, these policies deny the affected
population some of their most fundamental rights. Of particular importance is the need to
restore freedom of movement for all, which in turn could facilitate the process of return and
reintegration of communities. Ongoing discriminatory restrictions to freedom of movement
are largely used to control the Rohingya population; as a consequence, movement is
restricted within and between townships, and people must obtain specific authorization to
travel outside Rakhine State. These restrictions severely affect all aspects of their life,
including access to livelihood, and hamper interactions between the Rakhine and Muslim
communities. Without progress on this key issue, it will not be possible to address many of
the other human rights concerns in Rakhine. Local orders in northern Rakhine State require
Rohingya to obtain permission to marry, and attempt to limit couples to two children; any
child born beyond that limit risks not being included in the family household list and
remaining unregistered, a status that has a multitude of consequences for the child. As all
children have the right to be registered at birth, the Special Rapporteur calls upon the
Government to take steps towards ensuring universal birth registration in Rakhine,
regardless of the child’s or the child’s parents’ nationality, statelessness or legal status (see
A/HRC/31/29; see also CRC/C/MMR/CO/3-4, para. 44).
40.
The Special Rapporteur continues to receive reports of cases of preventable deaths
due to lack of access to emergency medical treatment. She is particularly concerned about
patients in need of emergency treatment outside Sittwe who are required to travel to Sittwe
General Hospital to receive treatment owing to restrictions on their freedom of movement.
In certain locations, this trip can take up to several hours and has reportedly led to
preventable deaths. The Special Rapporteur calls upon the Government to uphold the right
to health of the entire population in Rakhine and to ensure equal access and medical
treatment to all in public health facilities, irrespective of religion, ethnicity or citizenship.
41.
In northern Rakhine, arbitrary arrests and detention continue to be reported. Some
cases appear linked to extortion, given that detainees are often released following the
5
See Center for Diversity and National Harmony, Rakhine State Needs Assessment, September 2015.
9
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