A/HRC/39/CRP.2
455. The forced and compulsory labour imposed by the Tatmadaw against the ethnic
Rakhine is widespread, in violation of Myanmar’s obligations under international labour law
and international human rights law. The documented cases show that the work is exacted
under the menace or use of physical force and (death) threats. Victims have no free choice
and cannot but comply. The types of work consistently described to the Mission, and the
circumstances of their imposition, cannot be construed as minor communal services that are
permissible under international law. The Tatmadaw bully, force and coerce villagers into
submission. This is further manifested in the numerous forced evictions and the total
disrespect for villagers’ property rights. Tatmadaw soldiers take anything they want, when
they want. In doing so, they further push ethnic Rakhine villagers and their families into
economic hardship and poverty. The level of arbitrariness and abuse of power on the part of
the Tatmadaw is astounding.
456. Such conduct is a catalyst for numerous other human rights violations, including the
arbitrary deprivation of life, arbitrary arrest and detention, sexual and gender-based violence,
and other forms of severe ill-treatment.1017 Such violations are often linked to attempts at
escape, protest, or the inability to pay bribes.
457. The Mission is further concerned about additional information received, pointing at
other violations, including of the rights to education, health, culture, freedom of expression,
freedom of peaceful association and assembly, and freedom of religion. However, the
information on these allegations is insufficient to make findings at this stage.
B.
Systemic oppression and persecution of the Rohingya
In Rakhine State, Muslims are like in a cage, they cannot travel outside. There are no
human rights for the Muslims of Rakhine. I don’t know why God sent us there.1018
458. The Rohingya are in a situation of severe, systemic and institutionalised oppression
from birth to death. Their extreme vulnerability is a consequence of State policies and
practices implemented over decades, steadily marginalising the Rohingya and eroding their
enjoyment of human rights. The process of “othering” the Rohingya and their discriminatory
treatment started long before the period covered by the Mission.
459. The cornerstone of this system of oppression is the lack of legal status of the
Rohingya. This is compounded by restrictions affecting their movement, subsistence and
development, and numerous other human rights violations. The life of Rohingya in Rakhine
State has gradually become more and more untenable.
1.
Denial of legal status and identity
460. The Myanmar authorities consistently and vocally assert that “there are no Rohingya
in Myanmar”. They object to the use of the name “Rohingya”, call the group “Bengali”, and
argue that the Rohingya do not belong in Myanmar. They are not considered a “national race”
and often referred to as “illegal immigrants” from Bangladesh. This was not always the case.
Successive laws and policies regulating citizenship and legal status have become increasingly
exclusionary in their formulation, and arbitrary and discriminatory in their application.
Today, the overwhelming majority of Rohingya are de facto stateless, without proof of legal
status or identity.
(a)
Denial of birth certificates
461. Legal identity starts with a birth certificate: it provides legal recognition to a child.
According to article 7 of the Convention on the Rights of the Child, all children have the
right to be registered immediately after birth. Access to registration must not be undermined
by discrimination of any kind, including on the basis of the child’s or the child’s parents’
race, colour, sex, language, religion, political or other opinion, national, ethnic or social
1017
1018
110
CI-057, CI-059, CI-061, CI-157, CI-162, DI-014, DI-029, QI-072, QI-073.
DI-007.