32/18 Situation of human rights of Rohingya Muslims and other minorities in Myanmar - Report of the United Nations High Commissioner for Human Rights
Document Type: Final Report
Date: 2016 Jun
Session: 32nd Regular Session (2016 Jun)
Agenda Item: Item2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General
GE.16-11022(E)
Human Rights Council Thirty-second session
Agenda item 2
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Situation of human rights of Rohingya Muslims and other minorities in Myanmar*
Report of the United Nations High Commissioner for Human Rights
Summary
In the present report, submitted to the Human Rights Council pursuant to its
resolution 29/21, the United Nations High Commissioner for Human Rights examines the
situation of human rights of Rohingya Muslims and other minorities in Myanmar, analyses
patterns of human rights violations and abuses, particularly discrimination, and concludes
with recommendations on measures to be taken by the relevant authorities to improve the
situation of minorities in Myanmar.
* The present report was submitted after the deadline in order to reflect the most recent developments.
I. Introduction
1. The present report is submitted to the Human Rights Council pursuant to its
resolution 29/21, in which it requested the United High Commissioner for Human Rights to
report on the human rights violations and abuses against Rohingya Muslims and other
minorities in Myanmar, particularly the recent incidents of trafficking and forced
displacement of Rohingya Muslims. The report is based on information received by the
Office of the High Commissioner (OHCHR) from various sources, including the
Government of Myanmar, United Nations entities, the Myanmar National Human Rights
Commission and civil society entities. The reports that successive Special Rapporteurs on
the situation of human rights in Myanmar have submitted since 1992 were also considered,
as were the written and oral comments received from the Government of Myanmar.
II. Context
2. Myanmar is one of the most ethnically diverse countries in Asia. The Citizenship
Law of 1982 recognizes eight major “national ethnic groups”: Bamar (approximately two
thirds of the population), Chin, Kachin, Kayah, Kayin, Mon, Rakhine and Shan. According
to lists published in various government documents, the eight groups have been broken
down further into 135 recognized “national ethnic groups”. An estimated 90 per cent of the
population are Buddhists, 4 per cent Muslims, 4 per cent Christians and under 2 per cent
Hindus. Most Christians belong to ethnic minorities, including the Chin, the Kachin and the
Kayin. Among the Muslim population, the Kaman are a community belonging to one of the
135 recognized ethnic groups, as are Bamar Muslims. Other Muslim groups include
“Chinese Muslims” and “Indian Muslims”.
3. Rohingya Muslims represent the largest percentage of Muslims in Myanmar, with
the majority living in Rakhine State. They self-identify as a distinct ethnic group with their
own language and culture, and claim a long-standing connection to Rakhine State.
Successive Governments have rejected these claims, and the Rohingya were not included in
the list of recognized ethnic groups. Most Rohingya are stateless.
4. In 2014, in the first census conducted by the Government of Myanmar in 30 years, a
directive prohibited Rohingya from identifying as such, which led to their de facto
exclusion from official figures.1 Although the data on ethnicity and religion have yet to be
released, the publication of census data disaggregated by religion is one priority included in
the 100-day plan of the Ministry of Labour, Immigration and Population. The lack of data
combined with lack of access to parts of the country pose significant challenges to the
analysis of the situation of minorities in Myanmar.
5. Ethnic and religious minorities in Myanmar have a complex and contested history.
Even though the agreement adopted at the Panglong Conference in 1947 envisaged the
creation of a federal union based on voluntary association and political equality, Burma
(then the official name of Myanmar), upon its independence in 1948, became a quasi-
federal union largely dominated by the Bamar ethnic group. Subsequent claims by ethnic
minorities for self-determination, greater autonomy and the equitable sharing of power and
resources have driven non-international armed conflicts, varying in scope and intensity.
After the military seized power in 1962, ethnic minorities were increasingly excluded from
1 See The 2014 Myanmar Population and Housing Census: The Union Report, Census Report Volume
2, May 2015, p. 8.
positions of authority, facing restrictions in, inter alia, education, the use of minority
languages and religious freedom.
6. Myanmar is undergoing significant transformation. In 2011, after decades of
military control, the Government embarked on wide-ranging reforms, including the opening
up of democratic space. The reforms culminated in historic elections on 8 November 2015,
and the transfer of power to a civilian Government on 31 March 2016. Nonetheless, the
military retains 25 per cent of seats in Parliament, giving it a de facto veto on any
constitutional amendment. Moreover, the Commander-in-Chief appoints the Ministers to
the key portfolios of Home Affairs, Border Affairs and Defence.
7. In May 2015, 700,000 individuals from minority communities were disenfranchised
(see paras. 46-47 below). Muslim candidates were disqualified from standing for election,
and the Parliament currently has no Muslim members.
8. On 15 October 2015, the Government and eight of the more than 20 ethnic armed
groups in Myanmar signed a nationwide ceasefire agreement. Nonetheless, armed conflict
persists in Kachin and northern Shan States, while sporadic skirmishes have broken out in
Chin, Kayin and Rakhine States. The new Government – the most ethnically diverse
Government in decades – has proposed a “twenty-first-century Panglong Conference” to
advance the peace process.
9. Rakhine State is one of the poorest states in Myanmar, with limited access to basic
services and livelihood opportunities for the entire population. There are long-standing
grievances between Rohingya Muslims (population of just over 1 million) and Rakhine
Buddhists (the “Rakhine”) (around 2 million); and between each community on the one
hand and the Bamar-majority-led central Government on the other. Many Rakhine contest
the claims of the Rohingya to a distinct ethnic heritage and historic links to Rakhine State,
viewing the Rohingya as “Bengali” (“illegal immigrants”), with no cultural, religious or
social ties to Myanmar. Some Rakhine also hold the perception that international assistance
has focused on the Rohingya, to their detriment. The Rakhine have been subject to long-
standing discrimination by past military Governments. Although officially recognized as an
ethnic group, the Kaman Muslims in Rakhine State also face entrenched discrimination and
other human rights violations (see A/HRC/28/72, para. 41). Since 2012, incidents of
religious intolerance and incitement to hatred by extremist and ultra-nationalist Buddhist
groups have increased across the country. The Rohingya and other Muslims are often
portrayed as a “threat to race and religion”.
10. Against this backdrop, tensions have occasionally erupted into violence. The most
recent major outbreak in June and October 2012 led to hundreds of cases of injury and
death, the destruction of property and the displacement of 140,000 people (see A/67/383,
paras. 56–58, and A/HRC/22/58, paras. 47–48). Around 120,000 individuals remain in
camps for internally displaced persons in central Rakhine State, with ongoing segregation
between Rakhine and Rohingya communities.
11. Systemic human rights violations and lack of opportunities have triggered irregular
migration flows of Rohingya from Rakhine State to Thailand and Malaysia, in the same
boats as irregular migrants from Bangladesh. Trafficking and smuggling networks have
facilitated these flows.2 More than 94,000 Rohingya and Bangladeshis are believed to have
departed since early 2014, with a peak of 31,000 in the first half of 2015.3 In May 2015,
Thailand and Malaysia cracked down on international smuggling networks, which led to the
2 United Nations Office on Drugs and Crime, Protecting peace and prosperity in Southeast Asia:
synchronizing economic and security agendas, February 2016, pp. 37-41.
3 See UNHCR, Mixed Maritime Movements in South-East Asia, 2015.
abandonment of 5,000 irregular migrants at sea.4 Malaysia and Indonesia ultimately offered
temporary shelter to migrants affected by the Andaman Sea crisis provided that the
international community grant resettlement and repatriation within a year. Many of those
rescued at sea remain detained in shelters, camps or immigration detention facilities, and
face an uncertain future. The policies and practices of discrimination against the Rohingya,
a root cause of irregular migration from Rakhine State, remain to be addressed as part of
broader reforms to protect all minorities in Myanmar.
12. Access to justice for victims of human rights violations and abuses has, in the
meantime, been sorely lacking. The military and other security forces have generally
enjoyed impunity. Endemic corruption and limited capacity and will to conduct effective
investigations and prosecutions add to a general lack of public trust in the administration of
justice. Structural issues affecting the independence of the judiciary and legal professionals
remain. Judicial independence has been further undermined by the undue influence of the
executive branch and its interference in politically sensitive cases. Social and cultural
stigma deters victims of sexual and gender-based violence from reporting. Minorities face
other obstacles that limit further their access to justice, including language, geography and
fear of reprisal.
13. In his inaugural address, President U Htin Kyaw described four priorities for the
new Government: national reconciliation, peace, a Constitution leading to the establishment
of a democratic federal union, and improved quality of life. In April 2016, State Counsellor
Daw Aung San Suu Kyi reiterated the importance of national reconciliation and the rule of
law for all citizens. Recent steps taken by the Government include the establishment of the
Ministry for Ethnic Affairs and the transformation of the Myanmar Peace Centre into the
National Reconciliation and Peace Centre. The new Government informed OHCHR that
addressing the situation in Rakhine State had been “one of the highest priorities on its
agenda”, and called for “more time to find durable solutions” (see A/HRC/32/G/9). On 30
May 2016, the Government established the Central Committee on the Implementation of
Peace, Stability and Development of Rakhine State, with the State Counsellor as its Chair.
According to the Government, the objectives of the Committee are to “bring peace, stability
and development to all people in Rakhine State”.
14. One key to Myanmar’s transformation is addressing past and ongoing human rights
violations, which may otherwise undermine the transition. Patterns of entrenched
discrimination against minorities, and measures to address them, are described below. This
is a challenging process that will require resolve, resources and time. Specific constraints
include the continued influence exercised by the military in critical areas of governance. In
Rakhine State, the situation is compounded by the highly politicized and polarized
environment, including tensions between political parties and continued activity by armed
groups. The new Government has nevertheless a unique opportunity to create positive
momentum by taking crucial steps to halt discrimination against minorities in law and in
practice.
III. Legal framework
15. The human rights obligations of the State are grounded in both treaty and customary
law. Myanmar is a party to the Convention on the Rights of the Child and the Optional
Protocol thereto on the sale of children, child prostitution and child pornography, the
Convention on the Elimination of All Forms of Discrimination against Women, the
4 The Government of Myanmar rescued two boats on 22 and 29 May 2015.
Convention on the Rights of Persons with Disabilities and other key international treaties.5
It is a signatory to the International Covenant on Economic, Social and Cultural Rights,
which therefore requires the authorities to refrain from actions contrary to the object or
purpose of the Covenant. The obligations under these treaties are complemented by
customary international law, which includes a number of the rights described in the
Universal Declaration of Human Rights.
16. Non-discrimination is central to the promotion and protection of the rights of
minorities. According to article 2 of the Universal Declaration of Human Rights, States are
required to protect and respect the human rights of all, without distinction such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status.6 Article 30 of the Convention on the Rights of the Child describes the
right of children belonging to minorities to enjoy their own culture, profess and practise
their own religion, and to use their own language. Article 4 of the Declaration on the Rights
of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities requires
States to take positive measures to protect the rights and identity of minorities.
17. Considering the context of past and current armed conflict in Myanmar, it is also
important to note the relevant provisions of international humanitarian law governing the
conduct of parties to an armed conflict, such as the Geneva Conventions (ratified by
Myanmar in 1992). International criminal law applies to situations in which individuals
may be held individually criminally responsible under international law, such as for crimes
against humanity and war crimes.7 States have the primary obligation to ensure
accountability for such crimes.8 They must investigate and prosecute gross violations of
international human rights law and serious violations of international humanitarian law.9
18. The Constitution of Myanmar of 2008 offers some protection to recognized
“national races”, requiring the Government to assist in developing their language, literature
and culture; to promote solidarity and respect among them; and to promote their
socioeconomic development. Chapter VIII of the Constitution protects the rights to equality
and non-discrimination, education and health care, and prohibits forced labour and arbitrary
detention. Many rights are, however, reserved for “citizens”, whereas international human
rights law generally requires the State to respect, protect and fulfil the human rights of all
individuals within its jurisdiction or control.10 Moreover, the Constitution imposes
limitations on several fundamental rights,11 or permits their suspension on vague or
impermissible grounds.12
5 Including the Convention on the Prevention and Punishment of the Crime of Genocide, the Protocol
to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime, and the International Labour Organization (ILO) Forced Labour Convention, 1930 (No. 29) and Worst Forms
of Child Labour Convention, 1999 (No. 182).
6 See also the Charter of the United Nations, Art. 1(3).
7 For example, Rome Statute of the International Criminal Court, arts. 7-8.
8 See the updated set of principles for the protection and promotion of human rights through action to
combat impunity (E/CN.4/2005/102/Add.1), principles 20 and 21.
9 Convention on the Elimination of All Forms of Discrimination against Women, art. 2; Convention on
the Prevention and Punishment of the Crime of Genocide, art. 1.
10 See Convention on the Rights of the Child, art. 2. See also OHCHR, The Rights of Non-citizens,
Geneva (Sales No E.07.XIV.2), 2006, p. 15.
11 For example, s. 353 states that “Nothing shall, except in accord with existing laws, be detrimental to
the life and personal freedom of any person”.
12 For example, the President may, in declaring a state of emergency, “… restrict or suspend as required
one or more fundamental rights of the citizens residing in the areas where the state of emergency is in
19. The right to nationality is a fundamental human right.13 The Citizenship Law of
1982, which provides for three types of citizenship, contravenes the principle of non-
discrimination, as the acquisition of nationality is based primarily on ethnicity rather than
on objective criteria.14 “Full” citizenship may be obtained through four different
mechanisms. Automatic acquisition of “full” citizenship is reserved for “nationals such as
the Kachin, Kayah, Karen (Kayin), Chin, Burman (Bamar), Mon, Arakan (Rakhine) or
Shan and ethnic groups who settled in Myanmar before 1823”.15 The list of 135 recognized
“national ethnic groups” whose members may acquire citizenship automatically does not
include the Rohingya or people of Chinese, Indian or Nepali descent. “Associate”
citizenship applies to those whose application for citizenship under the Citizenship Law of
1948 was pending when the law of 1982 came into force. “Naturalized” citizenship may be
granted to persons who provide “conclusive evidence” of entry and residence in Myanmar
before 1948, and their children born in Myanmar. It may also be granted under certain
circumstances by marriage or descent. In addition, applications for “naturalized” citizenship
must be at least 18 years of age, have a command of one of the national languages, be of
“good character” and of “sound mind”. “Associate” and “naturalized” citizens have fewer
rights than “full” citizens; for example, their citizenship may be revoked on broad-ranging
grounds.
20. In 2015, the Parliament adopted a package of laws seeking to “protect race and
religion”. The laws discriminate against ethnic and religious minorities and women, in
violation of the State’s international obligations. The Religious Conversion Law established
a State-regulated system for changing religion, which contravenes the right to freedom of
religion or belief.16 The Population Control Health-Care Law adopts a selective and
coercive approach to population control, including a potential requirement of 36 months
between births, which would violate a woman’s right to choose the number and spacing of
her children.17 The law could be used to target areas with significant minority communities.
The Buddhist Women’s Special Marriage Law seeks to “protect” Buddhist women
marrying non-Buddhist men, in contravention of a woman’s right to choose freely her
spouse.18
IV. Patterns of human rights violations and abuses
A. Incitement to hatred and religious intolerance
21. The Constitution of Myanmar prohibits the abuse of religion for political purposes
and acts intended or likely to promote hatred, enmity or discord between racial or religious
communities. In accordance with international law, the State is required to uphold the right
of all persons in its territory to freedom of religion and the principle of non-
discrimination.19
operation”.
13 Universal Declaration of Human Rights, art. 15; Convention on the Rights of the Child, Art. 7;
Convention on the Elimination of All Forms of Discrimination against Women, art. 9.
14 Universal Declaration of Human Rights, art. 2.
15 Citizenship Law, sect. 3.
16 Universal Declaration of Human Rights, art. 18.
17 Ibid., arts. 12, 16; Convention on the Elimination of All Forms of Discrimination against Women, art.
16; Convention on the Rights of Persons with Disabilities, art. 23.
18 Convention on the Elimination of All Forms of Discrimination against Women art. 16.
19 Universal Declaration of Human Rights, arts. 2, 7 and 18.
22. Since the 1990s, however, extremist or ultra-nationalist Buddhist organizations have
actively promoted messages of hatred and intolerance against Muslims and other religious
minorities. Groups including the Organization for the Protection of Race and Religion
(known as MaBaTha) spread messages based on fear and hatred, compare Muslims to
animals, use derogatory language and present Muslims as a threat to the “Buddhist State”.20
During a public rally in Yangon in May 2015, a politician encouraged the crowd to “kill
and bury” all Rohingya; the crowd cheered and repeated his statements (A/HRC/31/79, p.
37). Such rhetoric fuels enmity and discord. Recently, ultra-nationalist Buddhist
organizations also targeted moderate Buddhists, interfaith activists, women’s rights activists
and the Special Rapporteur.21
23. Efforts must be made to prevent and counter acts of incitement to discrimination,
violence and hatred, including through the development of a comprehensive strategy based
on international human rights standards. The Rabat Plan of Action on the prohibition of
advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence (A/HRC/22/17/Add.4, appendix) provides useful guidance. The
Parliament has recently taken steps to revive discussions on the “Maintenance of Religious
Harmony” bill. These should be based on broad consultations with civil society and take
into account the Rabat Plan of Action.
24. Underlying root causes should also be addressed, including through preventive
education and awareness-raising. Programmes conducted by interfaith and civil society
actors to build a more tolerant, diverse and inclusive society should be supported and
promoted.
B. Violations and abuses against Rohingya in Rakhine State
25. Patterns of human rights violations against the Rohingya have been documented by
successive Special Rapporteurs since 1992. Many result from national, State or local laws,
policies and practices targeting the Rohingya owing to their ethnicity, race or religion,
either directly or through selective, discriminatory implementation. The tightening of
restrictions after the outbreak of violence in 2012 has also had a severe impact on the
Kaman community, increasing their vulnerability to human rights violations and abuses.
1. Arbitrary deprivation of nationality
26. A State’s prerogative to grant or remove nationality is constrained under
international law.22 The Citizenship Law of 1982 is discriminatory, and contravenes the
prohibition of arbitrary deprivation of nationality. It violates the right of every child to
acquire nationality,23 as it fails to protect the acquisition of citizenship for children born in
Myanmar with no “genuine link” to another State (see CRC/C/MMR/CO/3-4, paras. 41-
42). It also gives overly broad power to the Government to revoke citizenship without due
protection. It has led and continues to lead to statelessness. Myanmar has one of the largest
stateless populations in the world: some 1,090,000 stateless persons, predominately
20 See C4ADS, Sticks and Stones: Hate Speech Narratives and Facilitators in Myanmar, 2016.
21 See OHCHR, “Comment by UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on
the abuse of the Special Rapporteur on human rights in Myanmar, Yanghee Lee”, 21 January 2015.
22 See General Assembly resolution 50/152, Universal Declaration of Human Rights, art. 15(2);
Convention on the Rights of the Child, arts. 7, 8; Convention on the Elimination of All Forms of
Discrimination against Women, art. 9; Convention on the Rights of Persons with Disabilities, art 18.
23 Convention on the Rights of the Child, art. 7.
Rohingya in Rakhine State. The lack of citizenship of the Rohingya community heightens
their vulnerability to a range of human rights violations.
27. In June 2014, the Government initiated a citizenship verification process, piloted in
Myebon (Rakhine State). Members of the Rohingya community refusing to identify as
“Bengali” were arbitrarily excluded from the verification process. The process was
reportedly suspended in 2015. Although those granted citizenship in Myebon were allowed
to vote in 2015, their freedom of movement and access to basic services and livelihoods
after receiving citizenship has not improved. On 7 June 2016, a citizenship verification
process – conducted within the framework of the Citizenship Law of 1982 – was
relaunched in Kyaukpyu, Myebon and Ponnagyun.
2. Restrictions to freedom of movement
28. The Rohingya and the Kaman face severe restrictions on their freedom of
movement. Although in place in northern Rakhine State for decades, restrictions were
tightened after 2012 and differ in severity between townships. Even though their stated
purpose is to ensure security, their application is disproportionate and discriminatory, given
that they target Muslims exclusively. The majority of Rohingya live in northern Rakhine
State, where they require official authorization to move between, and often within,
townships (in northern Rakhine State, for example, a village departure certificate is
required to stay overnight in another village.). The procedures to secure travel are onerous
and time-consuming. Failure to comply with requirements can result in arrest and
prosecution. Restrictions routinely lead to extortion and harassment by law enforcement
and public officials.
29. Since the outbreak of violence in June 2012, town administrators have imposed a
curfew in northern Rakhine State, allegedly to “protect the safety of both communities”.
The curfew, regularly extended since 2012, is reportedly based on section 144(1) of the
Myanmar Code of Criminal Procedure, which permits temporary orders in urgent cases and
requires a magistrate or delegate to issue a curfew order. OHCHR received credible
allegations that the procedure prescribed by section 144(1) has not been followed. The
curfew affords broad discretionary powers to the authorities, including with regard to
limitations on assembly and prohibiting movement between dusk and dawn. The curfew
constrains the ability of Muslims to worship and practice religion freely by limiting
gatherings of more than five people. Reportedly, it is only enforced against the Rohingya.
While a separate presidential state of emergency was lifted in March 2016 in northern
Rakhine State, the curfew remains in place.
30. Most of those displaced during the violence in 2012 reside in central Rakhine State,
in approximately 39 camps for internally displaced persons. Restrictions on movement in
camps are severe, and many are subject to extreme security measures. In certain locations,
there is strict control of access and exits through security checkpoints. Given the nature,
extent and duration of confinement, many camps could be considered places of deprivation
of liberty under international law (see CCPR/C/GC/35, paras. 3 and 5).24
31. The blanket restrictions on freedom of movement for Muslim communities clearly
violate international human rights law, which requires any limitations to be necessary and
proportionate (see CCPR/C/21/Rev.1/Add.9, para. 14).25 The restrictions discriminately
target the Muslim population and severely constrain their access to livelihood, food, health
24 See Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2, annex), Principle 12: 1-2.
25 Universal Declaration of Human Rights, arts. 13 and 29(2).
care and education. Lifting these restrictions is essential in order to address other human
rights and humanitarian concerns in Rakhine State.
3. Threats to life, liberty and security
32. Successive Special Rapporteurs have reported patterns of serious human rights
violations of the rights to life, liberty and security of the Rohingya by State security forces
and other officials. Violations include summary executions, enforced disappearance,
arbitrary arrest and detention, torture and ill-treatment, and forced labour (see A/67/383,
para. 64 and A/HRC/28/72, para. 38).26 Following the outbreak of violence in 2012,
OHCHR received credible reports of the arbitrary arrest and detention of hundreds of
Rohingya, including women and children, and consistent allegations of torture and ill-
treatment, including cases of severe beating, burning by cigarettes, burning of beards,
forced labour, sexual humiliation and abuse, the denial of medical treatment, degrading
conditions of detention and deaths in custody. The indiscriminate nature and scale of arrest
and detention without due process and the subsequent treatment in detention has raised
concerns of collective punishment.
33. In northern Rakhine State, the arbitrary arrest and detention of Rohingya remains
widespread. Their statelessness leaves them particularly vulnerable and a target for
extortion. Arrests are often made without grounds for arrest, formal processing or the laying
of charges, until release is secured by the payment of a bribe. OHCHR received reports of
violence, forced entrance and search of homes, confiscation of property, extortion and
excessive use of force related to arrest. Inability to pay onerous bribes can lead to violence,
detention or retributive action against the victim’s relatives. For those formally charged,
fair trial guarantees are often not respected.
34. Arbitrary arrest and detention often lay the ground for other violations, such as
torture and extrajudicial killings. OHCHR received credible reports of torture and death in
custody of individuals arrested and detained on charges related to arson or alleged links to
terrorist groups. The lack of regular and independent monitoring of detention heightens the
vulnerability of detainees to torture and ill-treatment.
35. Excessive use of force in the context of demonstrations and law enforcement
activities has also been reported, including during patrols and the enforcement of
restrictions on movement. Deaths resulting from excessive, unnecessary or disproportionate
use of force by law enforcement officials constitute an arbitrary deprivation of the right to
life.
4. Sexual and gender-based violence
36. Sexual and gender-based violence perpetrated by security forces against the
Rohingya in Rakhine State has been reported for decades. Its prevalence has, however,
most likely been underreported owing to lack of access to justice, cultural barriers, stigma
and fear of reprisal. OHCHR received reports of sexual violence, including rape, against
women who had been arrested or detained, or in the course of law enforcement operations,
such as house searches or at checkpoints. OHCHR has no information that such allegations
have been investigated or that perpetrators have been held accountable.
37. Domestic violence has been reported within the Rohingya community. Protracted
displacement, overcrowding in camps, the lack of livelihoods and constraints on all aspects
of life exacerbate tensions and the risk of domestic violence. The lack of available and
accessible health and other support services remains a concern. The Government has an
26 In violation of Universal Declaration of Human Rights, arts. 3, 4, 5 and 9.
obligation to protect all individuals from all forms of violence and to address sexual and
gender-based violence within the private and public spheres.27
5. Denial of the right to health
38. The availability, accessibility, affordability and quality of health facilities, goods and
services are extremely poor across Rakhine State. The consequences of limited access to
health facilities include delays in treatment, reliance on alternative health care, the
escalation of preventable diseases and poor overall health outcomes.
39. Rohingya and Kaman communities face a disproportionate burden owing to
discriminatory barriers, including restrictions on freedom of movement, which have a
severe impact on the right to health, in particular with regard to access to emergency and
life-saving care. OHCHR received credible reports of death caused by lack of access to
health facilities or of timely treatment, often where there was a township hospital in close
proximity.28 In townships surrounding Sittwe, including Pauktaw and Myebon, Muslims
have no free access to township hospitals; emergency cases must be referred to Sittwe
General Hospital through an onerous and time-consuming referral process, which entails
boat travel and police escorts. Muslim patients are confined to a segregated ward, where
allegations and rumours of discriminatory treatment persist. The situation leads to a general
reluctance to seek care at the facility. In northern Rakhine State, patients have access to
township hospitals but are required to obtain costly and time-consuming travel
authorizations, pass through checkpoints and face additional limitations imposed by the
curfew, which in some cases may lead to serious and life-threatening delays in an
emergency situation. Delays in seeking or receiving emergency obstetric treatment can
have particularly devastating consequences and are a major cause of death of babies and for
women experiencing complications during pregnancy and childbirth.
40. Restrictions placed on Muslim communities in their access to public health facilities
constitute a violation of the right to health;29 if they lead to death, they may also amount to
a violation of the right to life. Equal and non-discriminatory access to medical treatment,
facilities and care should be ensured for all people in Myanmar, irrespective of religion,
ethnicity or citizenship status.
6. Denial of the right to education
41. Rakhine State has one of the lowest rates of literacy in the country, while the lack of
education opportunities and access to adequate education affects all its inhabitants. Muslim
communities face additional barriers owing to protracted displacement, restrictions on
freedom of movement and discrimination (see CRC/C/MMR/CO/3-4, paras. 96–97,
A/70/412, para. 36 and A/HRC/28/72, para. 55).30 Non-citizens, including Rohingya, are
excluded from studying a number of “liberal professions”, such as medicine, economics
and engineering (for example, the university admission guide for 2013 required university
applicants to be “citizens of Myanmar”). Since the outbreak of violence in 2012, they are
also excluded from tertiary education at the only university in Rakhine State, in Sittwe, on
“security grounds”.
27 Convention on the Elimination of All Forms of Discrimination against Women, art. 2.
28 In the cases reported, OHCHR is unable to determine whether patients would have survived had
emergency treatment been given.
29 Convention on the Rights of the Child, art. 24; Convention on the Elimination of All Forms of
Discrimination against Women, art. 12; Convention on the Rights of Persons with Disabilities, art. 25.
30 In violation of Convention on the Rights of the Child, arts. 2 and 28.
42. Approximately 30,000 Muslim children in camps for internally displaced persons
depend on temporary learning spaces supported by humanitarian organizations. The quality
of education is a matter of concern, given the lack of qualified teachers, textbooks, teaching
materials and teaching time. The consequences of lost years of education are devastating
for future livelihood opportunities and the ability of young members of the Rohingya and
Kaman communities to contribute to the development of Myanmar. Preventing co-
education of Rohingya and Rakhine is discriminatory and a violation of the right to equal
access to education. It also restricts opportunities for interaction and reconciliation between
communities.
7. Other restrictions based on local orders
43. In northern Rakhine State, a number of local orders targeting the Rohingya are
discriminatory in intent and effect. Many have no legal basis, but are policies and directives
issued by government authorities or law enforcement bodies ostensibly to prevent illegal
immigration and to control movement and population growth. Although the degree to
which the orders are enforced is unclear, their impact remains pervasive. Under one local
order, couples are required to follow costly and arduous administrative procedures to secure
a marriage permit, which itself includes restrictions on the number of children and a
requirement to use contraception. Non-compliance is a criminal offence, punishable by up
to 10 years of imprisonment. OHCHR received reports of women and girls resorting to
unsafe abortions out of fear of contravening the orders.
44. It is estimated that 5,000 children born in contravention of local orders are excluded
from official household lists and placed on a separate list (the “black list”). Moreover, birth
certificates have not been issued for Rohingya children since the 1990s. The lack of official
documentation and effective legal identity has serious consequences for all stages of life,
further restricting their freedom of movement and access to health care and education. It
also heightens their vulnerability to human rights violations, such as arbitrary arrest and
detention, and extortion.
45. The local orders constitute a violation of fundamental rights, including the principle
of non-discrimination, freedom of movement, the rights to privacy, to marry and to found a
family, and the rights of the child.31
8. Limitation on political rights and documentation
46. In February 2015, the previous Government announced the expiry of “temporary
identity certificates” held by some 700,000 stateless people across the country, including
the Rohingya, the Chinese and other minority groups. The certificate was the primary
document held by stateless persons in Rakhine to confirm their legal residence in Myanmar.
In June 2015, a new “identity card for nationality verification” was announced; however, it
was widely viewed with suspicion, and acceptance has been extremely low. Consequently,
hundreds of thousands of stateless persons in Rakhine have no valid individual identity
document confirming their legal residence.
47. During the elections in 2010, holders of temporary identity certificates were granted
the right to form and join political parties, and to vote. Before the elections held in
November 2015, however, steps were taken to prevent certificate holders from participating
in political life.32 In September 2014, the Parliament amended the Political Parties
31 See the Convention on the Elimination of All Forms of Discrimination against Women, arts. 1 and 16,
the Convention on the Rights of Persons with Disabilities, arts. 18, 22 and 23, and the Convention on
the Rights of the Child, arts, 2, 7 and 16.
32 Universal Declaration of Human Rights, art. 21.
Registration Law, introducing a requirement for party leaders to be “full” citizens, and for
party members to be “full” or “naturalized” citizens. In May 2015, the right of temporary
identity certificate-holders to vote in the general election was revoked.
9. Forced labour
48. Myanmar has taken significant steps to eliminate forced labour, including by
establishing a complaints mechanism and a joint action plan with the International Labour
Organization (ILO). Nonetheless, credible reports indicate that, while the use of forced
labour has generally declined, it persists in parts of the country where it particularly affects
minority groups.
49. Reports that forced labour involving Rohingya in northern Rakhine State continue to
be received. Tasks include sentry duty, building and maintenance work, and provisions of
materials for such work. Victims state that they cannot refuse work out of fear of
repercussions, which may include violence, arrest or detention, fines or other forms of
coercion, punishment and intimidation. Forced labour has severe consequences for the
mental and physical health of victims and a long-term impact on livelihoods and food
security. OHCHR also received reports of forced labour imposed on Rakhine communities,
including recently in the context of the conflict between the Tatmadaw and the Arakan
Army. It is likely that forced labour practices are underreported in Rakhine State owing to
lack of access for independent observers, lack of awareness of the ILO complaints
mechanism, and fear of reprisal.
10. Trafficking in persons and migrant smuggling
50. In May 2015, the Andaman Sea crisis highlighted a pattern of human rights
violations and abuses linked to irregular regional migration flows facilitated by trafficking
and smuggling networks. This included unlawful confinement on boats and at land-based
transit points, sexual and gender-based violence, and ill-treatment. It is estimated that some
2,000 Rohingya and Bangladeshi died at sea between 2012 and 2015.
51. Myanmar is a party to the Association of Southeast Asian Nations Convention
against Trafficking in Persons, Especially Women and Children of 2015. It has also signed
the Bali Declaration on People Smuggling, Trafficking in Persons and Related
Transnational Crime of 2016, in which the signatories pledged to tackle human trafficking
in part by improving the conditions that force people to flee, including “full respect for
human rights … and measures to prevent and reduce statelessness”. The second half of
2015 saw a 96 per cent reduction in boat departures from Rakhine State and Bangladesh
compared with the same period in 2014. The decrease in boat departures since June 2015
can be explained by various factors, including the greater scrutiny of irregular migration by
Governments in the region and the higher prices demanded by smugglers. In order to fully
address irregular maritime movement originating from Rakhine State, concrete and
meaningful efforts are required to address the push factors and coercive circumstances
highlighted in the present report.
11. Protracted displacement and denial of an adequate standard of living
52. Four years after the outbreak of violence in 2012, almost 120,000 people, mainly
Rohingya and Kaman, remain internally displaced in Rakhine State. Protracted
displacement in deteriorating shelters, limited access to basic services and the inability to
move freely make for particularly oppressive living conditions for those in the camps.
Besides violating the right to freedom of movement, the conditions also affect the
enjoyment of several economic and social rights, including the rights to education, to the
highest attainable standard of health and to an adequate standard of living.33 A significant
number of internally displaced persons are not officially recognized or do receive adequate
assistance owing to issues in clarifying and defining who is an internally displaced person.
The violence and related restrictions have also severely affected those in Rakhine State who
are not among the internally displaced, including those located in remote or isolated
communities, who do not receive adequate assistance.
53. It is estimated that 25,000 internally displaced persons returned or were integrated at
the site of displacement in 2015 through the Rakhine State Government Resettlement Plan.
There is, however, an urgent need to find durable solutions for all those who remain
displaced. The process should be informed, transparent, voluntary and rights-based.
Furthermore, internally displaced persons should have access to an effective mechanism
that ensures or restores housing, land and property, or that provides adequate compensation
where return is not feasible. Sufficient guarantees should be given to ensure that housing,
land and tenure issues do not lead to further human rights concerns.
54. The segregation of communities in Rakhine poses a significant challenge to the
identification of durable solutions. This is particularly the case in Sittwe town, where no
plans have been made to address the situation of more than 90,000 internally displaced
persons in camps, who often reside only a few kilometres from their place of origin. This
enforced segregation of communities requires urgent attention. Targeted measures of
peacebuilding, interfaith initiatives and the gradual restoration of social and economic
bonds are vital.
12. Assessment
55. The situation described above reflects a pattern of gross human rights violations that
affect fundamental civil, political, economic, social and cultural rights of the Rohingya.
Widespread discriminatory policies and/or practices targeting them on the basis of their
ethnic and/or religious identity have led to an acute deprivation of fundamental rights.
Many of the acts described would suggest a widespread or systematic attack against the
Rohingya, in turn suggesting the possible commission of crimes against humanity, if
established by a court of law (see also A/HRC/25/64, para. 51).
C. Violations and abuses against other minorities
56. Decades of armed conflicts, varying in scope and intensity, have taken place against
a complex backdrop of long-standing grievances against the Bamar-dominated central
Government and military. Successive Special Rapporteurs have consistently reported
allegations of violations of international humanitarian law and human rights law in the
context of these conflicts. The absence of adequate accountability mechanisms has resulted
in impunity, thereby eroding further the rule of law and undermining sustainable peace and
reconciliation. While the signing of a nationwide ceasefire agreement is a significant step, it
is only a starting point. Inclusive political talks – with the full participation of ethnic
minority communities, including women representatives – are critical to address the root
causes of conflict and long-standing grievances of ethnic communities. The new
Government’s proposal for a national peace conference is welcome.
33 Universal Declaration of Human Rights, arts. 25 and 26; International Covenant on Economic, Social
and Cultural Rights, arts. 11-13.
57. In the context of armed conflict, allegations of violations of international
humanitarian law and human rights law involving the military have included the deliberate
targeting of and indiscriminate attacks against civilians, the use of child soldiers, forced
displacement, the summary execution of civilians and captured fighters, forced labour,
arbitrary arrest and detention, torture and ill-treatment, and sexual violence. Credible
reports detail practices that include military personnel ordering civilians to walk before
them as “human mine sweepers”; a policy of categorizing certain zones as “black areas”,
giving the military free rein to target anyone in that area, including civilians, contrary to the
principle of distinction; and the “live off the land” policy, resulting in the confiscation by
the military of land, livestock or harvested crops from civilians.
58. In Kachin and Northern Shan States, where fighting has intensified, there are
ongoing reports of violations by all parties to the conflicts (see A/70/412, para. 50 and
A/HRC/31/71, para. 52). In June 2011, the breakdown of a 17-year ceasefire in Kachin
State caused significant displacement; 96,000 people remain internally displaced. Fighting
in 2015 caused the displacement of an additional 100,000 people, including 80,000 from
the Kokang Self-Administered Zone. Credible reports of violations of international
humanitarian law by the military include a lack of distinction between civilians and fighters
and indiscriminate firing.
59. The reported abuses by ethnic armed groups against civilians include the forced
recruitment and use of children in hostilities, forced displacement of the population, torture,
ill-treatment and the summary execution of captured Tatmadaw personnel and ongoing
reports of harassment, arbitrary detention, and extortion by some of these groups
(A/HRC/31/71 para. 52). There are also ongoing reports of the use by both the military and
ethnic armed groups of civilians as porters, sentries, guides and human shields, and also the
use of anti-personnel mines in civilian areas (A/HRC/28/72, para. 31).
60. Cases of sexual and gender-based violence against women of ethnic minority
communities perpetrated by Myanmar security forces have been documented for many
years. Such violence continues to be reported, and is particularly prevalent in conflict-
affected areas, such as Kachin and Shan States, with credible reports of rape, sexual
slavery, and forced and servile marriages. According to reports, victims include women and
men, girls and boys, including children as young as 7 years of age (S/2014/181, paras. 37-
39). The risk of sexual violence appears to be greater during home invasions, movements of
populations and forced portering. Some reports by civil society sources allege that rape and
sexual torture are committed on military bases and in prisons. Reports of sexual violence
increase for communities living in close proximity to areas with a large military presence.
61. The confiscation of land by the military for barracks and military camps, crop
confiscation, the production of food for soldiers, and designation of forbidden “high
security areas” have consistently been reported in areas where ethnic communities reside
(A/66/365, para. 64). Violations of housing, land and property rights, including through
development-induced displacement, have also been increasingly documented since 2012.
Private local commercial interests, often with strong links to the military, have allegedly
engaged in land grabbing and forced evictions. Years of continuing conflict and military
campaigns in ethnic areas have resulted in extensive displacement in eastern Myanmar and
along the border with Thailand. Many of the long-term displaced, including more than
100,000 refugees in Thailand, are reportedly reluctant to return out of fear for their safety
owing to the outbreak of sporadic skirmishes, the continued military presence, and the
presence of landmines and unexploded ordnance.
62. A significant disparity in access to education persists. In ethnic minority areas,
especially conflict-affected areas, many schools are either not operational or inaccessible.
Under the policy of previous military Governments, the use and teaching of minority
languages in schools was prohibited, and informal community schools providing learning in
minority languages were banned in some areas. Recent national education legislation (such
as the National Education Law) has opened up space for the use of ethnic languages in
classrooms, while State and regional governments are empowered to develop and
implement language policy at the regional and State levels.
63. For many years, Christian communities in Myanmar have faced restrictions in their
freedom of religion or belief, especially in Chin, Kachin, Kayin and Kayah States. Special
procedure mandate holders have reported allegations of human rights violations targeting
Chin Christians, including of forced labour for the construction of monasteries and
pagodas, the forcible confiscation of land, induced or coerced conversions to Buddhism, the
closure of churches and “house” churches, and the destruction of crosses (A/HRC/22/67, p.
127). Allegations of arbitrary arrest, detention and torture of religious leaders, missionaries,
church workers and others have also been reported (A/HRC/25/74, p. 105). Like Muslim
communities, Christian groups report difficulties in obtaining permission to renovate,
extend or construct religious buildings (see A/69/398, para. 40).
Assessment
64. The information received by OHCHR suggests that minority groups have suffered a
wide range of human rights violations and abuses. Moreover, in the context of armed
conflicts, reports over many decades have documented violations of international
humanitarian law allegedly committed by the military and armed groups. If established in a
court of law, some of these violations could amount to war crimes.
V. Conclusions
65. The human rights situation of the Rohingya and other minorities in Myanmar
is a cause of utmost concern. The scope and patterns of violations and abuses reported
cannot be ignored; systematic and systemic discrimination and policies of exclusion
and marginalization are all too often at the root of future conflicts. On 25 March 2013,
the Special Adviser of the Secretary-General on the Prevention of Genocide warned
that failing to address the immediate consequences and root causes of violence
between Rakhine Buddhists and Rohingya Muslim could have “serious consequences
which the international community has solemnly promised to prevent”.
66. Conversely, addressing the violations and abuses identified by the High
Commissioner in the present report may help to provide a safe and peaceful
environment for all in Myanmar, planting the seeds for growth, prosperity and
harmony.
67. The new Government has the responsibility and the opportunity to halt these
violations and abuses. It must seize the momentum by stopping discriminatory policies
and practices and repealing discriminatory laws.
68. Measures are needed to break the cycle of impunity and to promote
accountability in the interests of justice, reconciliation and the protection of the
human rights of all people in Myanmar. In accordance with the State’s obligations
under international norms and standards, the authorities of Myanmar should ensure
that all past and ongoing allegations of human rights violations and abuses are
investigated promptly, thoroughly, impartially and independently. This will ensure
accountability and the access of victims to an effective remedy, including adequate
reparation and respect for their right to know the truth about violations.
69. Such efforts should be made in close collaboration with civil society and with
the support of the international community. They will be essential to lay solid and
sustainable foundations for the rule of law, based on full and equal respect for human
rights, including the rights of persons belonging to minorities and to consolidate the
democratic transformation of Myanmar.
70. The Government should also take comprehensive legal and policy measures
that address the root causes of all human rights violations and abuses, and prevent
their recurrence. Victim and community perspectives should be central to such a
process, including through broad and inclusive consultations and participation
throughout the design and implementation of any measures aimed at addressing the
past.
71. Progress should also be made in reforming the legal framework, including the
Constitution of 2008 and the Citizenship Law of 1982, so that it is fully consistent with
the State’s international human rights obligations. The report of the Special
Rapporteur submitted to the Human Rights Council at its thirty-first session
(A/HRC/31/71) is a useful tool in this regard. The establishment of mechanisms to
ensure that any new legislation is fully compliant with the State’s international human
rights obligations is also of critical importance.
72. With strengthened independence and an enhanced protection mandate, the
Myanmar National Human Rights Commission could play a critical role in upholding
and protecting the human rights of all people in Myanmar. Its powers to inquire into
violations committed by law enforcement officials, to demand accountability from the
Government, to denounce discrimination and incitement to hatred or violence and to
visit places of detention could be utilized to strengthen protection of minorities.
73. While some of the measures necessary to address concerns raised in the present
report should be taken promptly, the High Commissioner acknowledges that others
will require a staged, longer-term approach in the context of the political transition.
74. OHCHR stands ready to provide the Government with support in its efforts to
protect and promote the human rights of all people in Myanmar, and to strengthen
effective rule of law. The focus on discrimination that underpins the Sustainable
Development Goals provides an important framework to ensure that no minority is
left behind in the State’s accelerated development. The collective and collaborative
effort of the United Nations in the country will also be crucial to addressing critical
human rights issues.
VI. Recommendations
A. Policies and practices
75. The High Commissioner recommends that the relevant authorities in
Myanmar:
(a) Abolish all discriminatory local orders in Rakhine State, including those
restricting movement and the rights to marriage and family life; immediately remove
arbitrary requirements for travel; facilitate movement within and between townships;
and promptly and clearly communicate these decisions to all relevant authorities;
(b) Establish a road map and a time frame for lifting all restrictions on
freedom of movement in Rakhine State, and where security considerations remain,
ensure that restrictions are necessary, proportional and not discriminatory;
(c) Promptly lift the curfew order in northern Rakhine State, remove
arbitrary limitations on the right to freedom of assembly, and guarantee freedom of
worship;
(d) Remove all discriminatory and restrictive bureaucratic requirements for
emergency medical referrals, and ensure unhindered access for all communities to
government hospitals in all townships in Rakhine State;
(e) Ensure the replacement or issuance of identity documentation for all
individuals residing in Myanmar, regardless of their citizenship status; and ensure
that all children are registered at birth, without discrimination, and implement
promptly a process to register all unregistered children, including all Rohingya
children;
(f) Find durable solutions for all internally displaced persons in Rakhine
State and conflict areas in accordance with the Guiding Principles on Internal
Displacement.
B. Legislation
76. The High Commissioner recommends that the relevant authorities in
Myanmar:
(a) Take progressive steps towards the removal of all discriminatory legal
provisions, including in the Constitution, the Citizenship Law of 1982 and the four
“race and religion laws”;
(b) Prevent and sanction incitement to discrimination, hatred and violence,
including through the development of a comprehensive strategy based on
international human rights standards, and ensure that the Parliament takes into
account the Rabat Plan of Action when discussing the “Maintenance of Religious
Harmony” bill.
C. Accountability
77. The High Commissioner recommends that the relevant authorities in
Myanmar:
(a) Undertake a comprehensive inquiry into the situation of minorities in
Rakhine State and other areas in Myanmar, in consultation with all stakeholders and
in accordance with international human rights law and standards with a view to
recommending measures of accountability, and address the root causes of
discrimination, foster reconciliation between communities and prevent recurrence of
violations;
(b) Ensure prompt, thorough, independent and impartial investigations into
all alleged violations of human rights and international humanitarian law, including
those committed by law enforcement officers and security officers, and subsequent
prosecutions; and to that end, remove any legal or legislative barriers to criminal
accountability;
(c) Ensure national laws on arrest and detention and their application are
consistent with international human rights standards; and that law enforcement
action is conducted in accordance with human rights standards, including the
principles of legality, necessity, proportionality and non-discrimination;
(d) Ensure that independent civilian and parliamentary oversight
mechanisms over security sector actors and robust complaints mechanisms are
established and operational;
(e) Ensure investigations into allegations of forced labour, and the
prosecution of those responsible.
D. Prevention of further violations and abuses
78. The High Commissioner recommends that the relevant authorities in
Myanmar:
(a) Ensure that persons belonging to minorities can enjoy all their human
rights and fundamental freedoms without discrimination and with full equality before
the law;
(b) Issue clear instructions on the prohibition of forced labour to the police,
border guard police and the General Administration Department;
(c) Issue clear instructions on the prohibition of trafficking of persons to law
enforcement agencies, and ensure that victims are protected and treated in
accordance with international human rights standards;
(d) Ensure that measures aimed at addressing irregular migration and
combating transnational organized crime, including trafficking of persons and
smuggling of migrants, do not adversely affect the human rights and dignity of
migrants and refugees.
E. Peace process
79. The High Commissioner recommends that the relevant authorities in
Myanmar:
(a) Ensure broad consultations with and the full participation of all local
and affected communities in the peace process, including ethnic minorities, civil
society and women;
(b) Ensure that human rights protection is placed at the centre of the work
of the National Reconciliation and Peace Centre and ceasefire monitoring
mechanisms.
F. Institutions
80. The High Commissioner recommends that the relevant authorities in
Myanmar:
(a) Undertake institutional reforms to ensure respect for the rule of law;
(b) Improve access to justice before independent and impartial courts
through fair procedures, and ensure that the administration of justice complies fully
with international human rights norms and standards, including the principles of
independence and impartiality of the judiciary;
(c) Strengthen the mandate of the Myanmar National Human Rights
Commission so that it is able to perform its functions independently and in full
compliance with the Paris Principles, including monitoring of all places of detention;
(d) Increase sustained engagement and cooperation with OHCHR to
enhance the promotion and protection of human rights in Myanmar.
G. Implementation
81. The High Commissioner recommends that the Human Rights Council follow
closely the implementation of the above-mentioned recommendations, and encourage
the Government to make meaningful progress in this regard.