A/HRC/22/58
Sittwe, the local authorities organized a discussion between Muslim and Buddhist
community leaders. He urges local authorities to do more to promote such dialogue.
56.
The Special Rapporteur highlights that mutually respectful dialogue cannot occur
while discrimination based on grounds of ethnicity and religion remains unaddressed. As
stated in previous reports, there exists in Rakhine State endemic discrimination against the
estimated 800,000 members of the Rohingya Muslim community. The lack of a legal status
of the Rohingya effectively gives State sanction to this discrimination, denying them access
to many of their basic human rights. He reiterates his recommendation to Parliament that
the 1982 Citizenship Act be amended to ensure that all persons in Myanmar have equal
access to citizenship and are not discriminated against on grounds of ethnicity or religion.
In the meantime, the current Act should be applied in a non-discriminatory manner to
enable those with a just claim to citizenship to claim it on an equal basis with others.
Immediate measures should be taken to remove other discriminatory regulations applied to
Rohingyas, including with regard to marriage, freedom of movement, registration of new
born children, and access to education and employment.
57.
During his latest mission, the Special Rapporteur visited Sittwe Prison and met with
Tun Aung as well as other Muslim and Buddhist prisoners. He believes that Tun Aung is a
prisoner of conscience who must be released immediately (see annex), and that such a
move is important to demonstrate that Myanmar has made a break from the past and no
longer imprisons people for political reasons.
58.
The Special Rapporteur notes reports that more than 1,100 persons have been
detained in relation to the violence in June and October, the vast majority of whom he
understands are Rohingya men and boys. He remains concerned about their possible
arbitrary arrest and their conditions of detention and treatment, particularly those from the
Rohingya community in Buthidaung Prison, who he believes are especially vulnerable to
human rights violations. He is concerned over the possible torture and ill treatment of
detainees, as well as the violation of due process rights, including access to legal counsel,
judicial control over arrest, guarantees of habeas corpus, pre-trial detention as the
exception rather than the norm, and the right to be tried without undue delay. In this
context, he recommends that independent monitoring groups, both local and international,
be provided with access to places of detention throughout Rakhine State, but in particular
Buthidaung Prison, to verify the conditions and treatment of persons detained, as well as to
courts for trial monitoring.
59.
The Special Rapporteur notes that, since his previous report, all United Nations staff
detained in relation to the violence in Rakhine State have been released. However, he
remains concerned that the four INGO workers referred to in this same report remain in
detention in Buthidaung Prison, and reiterates that the charges against them are unfounded
and that their due process rights have been denied and calls for their immediate and
unconditional release.
60.
While acknowledging the efforts made by neighbouring countries to assist the
Rohingya community, the Special Rapporteur reiterates the responsibility of States to
respect and protect the human rights of all people within their borders, regardless of
whether they are recognized as citizens. The responsibility of neighbouring States has again
been highlighted with the taking to the sea by thousands of Rohingyas, expected to number
20,000 between October 2012 and April 2013. He has received reports of the subsequent
deaths of hundreds of people through drowning, including on 4 December 2012 when a
boat carrying 200 Rohingyas sunk in the Bay of Bengal, resulting in a reported 160 deaths.
He has received reports of the involvement of security officials in both Myanmar and
receiving countries at every stage of the journey. The fact that Rohingyas put their lives at
risk to take to the seas in unseaworthy boats itself indicates the extent of their suffering in
Myanmar. In this context, he draws attention to the “non-refoulement” principle under
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