A/HRC/39/CRP.2
break all relationships between communities. The Mission has concluded that they
contributed directly to the events of 2016 and 2017.
530. Considering the lack of reasonable justification for these movement restrictions, in
some cases amounting to deprivation of liberty, and their discriminatory implementation, the
Mission concludes that they are a second building block of the system of oppression and
persecution targeting the Rohingya.
3.
(a)
Restrictions on access to food, livelihoods, health care and education
Restrictions on access to food and livelihood
Overview and legal framework
531. The human right to adequate food is firmly entrenched in international human rights
law, including article 25 of the UDHR, article 11 of the ICESCR, articles 24 and 27 of the
CRC, and article 28 of the ASEAN Human Rights Declaration. To realize the right to food,
States must ensure that food is available, economically and physically accessible, and
adequate.1145 The right is realized when “every man, woman and child, alone or in community
with others, has physical and economic access at all times to adequate food or means for its
procurement.”1146 The right to food is closely linked with the right to life: “without food there
is no life, and with the wrong food, life is shorter and more prone to ill-health”.1147 The right
to life requires States to take measures to increase life expectancy, especially in adopting
measures to eliminate malnutrition.1148
532. While the right to food is to be progressively realised, the United Nations Committee
on Economic, Social and Cultural Rights has established that States have immediate core
obligations, regardless of resources and/or level of development, to ensure freedom from
hunger; non-discrimination; and the protection of vulnerable populations. This includes the
provision of access to the minimum essential food which is nutritionally adequate and safe,
to ensure freedom from hunger to everyone.1149
533. In Rakhine State, the Rohingya have long relied on fishing, farming and trading to
provide for themselves and their families. However, movement restrictions generally, as well
as specific restrictions on access to fishing, agricultural lands and forests, impede their access
to food and livelihoods. The fear of crossing checkpoints – due to the harassment and
extortion it entails – has had a similarly negative impact.
Access to food and malnutrition
534. According to a survey by the Myanmar Government in 2015, Rakhine State had the
highest rates of global acute malnutrition, at 13.9 per cent, and severe acute malnutrition, at
3.7 per cent, in the country. 1150 However, in northern Rakhine, where most Rohingya live,
rates were four to five times higher – for severe acute malnutrition, 19 per cent in Maungdaw
Township and 15.1 per cent in Buthidaung Township – above the World Health Organization
emergency threshold of 15 per cent.1151 The health impacts of malnutrition may include
heightened risk of preventable deaths and deterioration of pre-existing conditions, especially
1145
1146
1147
1148
1149
1150
1151
United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 12: The
right to adequate food (Art. 11), 12 May 1999, E/C.12/1999/5.
Ibid, para. 6.
A. Eide, “Adequate Standard of Living”, in International Human Rights Law, 2nd ed., D. Moeckli, S.
Shah and S. Sivakumaran (Oxford University Press, Oxford, 2014), p. 199.
United Nations Human Rights Committee, General Comment No. 6: Right to life (Art. 6), 30 April
1982, HRI/GEN/1/Rev.1, para. 5.
United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 14: The
right to the highest attainable standard of health (Art. 12), 11 August 2000, E/C.12/2000/4, para
43(b).
Ministry of Health and Sports, Myanmar - 2015-2016 Demographic and Health Survey - Key
Findings (2017); see also: The UN Network, “Nutrition Situation Analysis”, abridged version (June
2017).
K-076.44.
127