A/HRC/39/CRP.2
of Rohingya households to “update” their household list. The stated purpose is to delete the
names of those who left or are deceased, and to add new-borns. Although updating the list is
a civilian administrative procedure, in northern Rakhine it is jointly conducted with and
overseen by security forces. Since 2015 this has been undertaken by the BGP and
MaKhaPa.1237 The annual inspections are carried out in a discriminatory manner, targeting
the Rohingya in northern Rakhine and providing the authorities unfettered power to add or
remove individuals from the list, with no recourse to appeal. Inspections are often
accompanied by intimidation, coercion, arbitrary arrests and random deletions from the
list.1238
585. The process includes taking photographs of the permanent residents of a household.
Family members often have to carry a card representing their “serial number” on the
household list. According to the rules annexed to the regional order issued by the NaSaKa in
2008, if there is any suspicion of a child being “substituted” to mislead the inspectors, the
mother will “be made to breastfeed the child”, or the children “will be questioned
separately”.1239 This violates the right to privacy of the mother and may constitute cruel or
degrading treatment. It is certainly not in the best interest of the child.
586. The authorities often conduct checks during the night, waking up the household.1240
One interviewee explained how armed NaSaKa officers would visit her house in the early
hours, forcing everyone to wake up, including young children: “If there was anyone in the
house that was not on the list, they would be taken away”.1241 During the inspections,
Rohingya have to pay arbitrary amounts to get names removed or added to the list. 1242 The
experience of one interviewee from Maungdaw demonstrates the arbitrariness and extortion:
When immigration officers came to update our household list, my wife had to pay
10,000 Kyat because I had left. Previously, I paid 10,000 Kyat for the inclusion of
each of my first four children. For my youngest, I had to pay 30,000 Kyat. Following
my departure, whenever the military or the NaSaKa came to my house, they asked for
money. So my family joined me in Malaysia.1243
587. According to credible reports, Rohingya who are not at home during the updating
exercise may be removed from the list. Additionally, punitive removal of persons allegedly
associated with the 2012 violence have reportedly taken place. Once deleted, a person is
extremely vulnerable. Effectively denied proof of residence, they face heightened risks of
arrest and conviction for immigration offences. 1244
588. A household list updating exercise took place between December 2016 and January
2017, during the “area clearance operations” that followed the 9 October 2016 ARSA attacks.
This was earlier in the year than usual. In southern Maungdaw, the displaced were reportedly
deleted from the list. Some of those who were absent were reportedly recorded on a separate
list as “on travel” or “missing”.1245 Additionally, 1,900 buildings were identified as illegal
and marked for demolition.
(b)
Restrictions related to marriage and children
589. Rohingya in northern Rakhine have faced targeted and discriminatory restrictions
related to marriage and birth for many years. These have been implemented by the General
1237
1238
1239
1240
1241
1242
1243
1244
1245
K-063.12.
CI-061, CI-062, CI-065, CI-073, CI-080, CI-082, CI-090, CI-092, CI-094, DI-001, DI-009, DI-013,
DI-025, DI-026, DI-053.
NaSaKa, Regional Order on Processes for Controlling Bengali Population (11 February 2008),
Addendum on “Drawing maps, making a record of buildings, and reviewing household registrations”;
K-076.
CI-090, DI-013, DI-026.
DI-026.
CI-061, CI-062, CI-065, CI-072, CI-073, CI-079, CI-080, CI-082, CI-090, CI-092, CI-094, DI-001,
DI-025.
CI-073.
V-047.
K-063.12
139