A/HRC/39/CRP.2 Administration Department as well as by law enforcement officials. To officially register a marriage, Rohingya have to undergo a complex and lengthy procedure which is arbitrary and subject to extortion. They must also comply with discriminatory requirements related to the number and spacing of children. Contravention is subject to criminal penalties. These procedures have not applied elsewhere in Rakhine State. However, in 2015, the local provisions were supplemented by national legislation directed towards “non-Buddhists” generally in Myanmar. Restrictions on marriages 590. A regional order from the Township Peace and Development Council in 2005 aimed at controlling marriages in Maungdaw Township. It referred to a “dense” population, an “extremely high” birth rate, and the risk that there is “likely to be starvation”. 1246 While most of the order is drafted in general terms, section 1(c) is applicable only to people who marry “as per the Islamic religion”. It requires permission to marry from the Council, following a check by the village level council and the NaSaKa Sector Command. Those who receive permission to marry must limit the number of children. Widows and widowers can only apply for permission to remarry after three years. The order states that “effective actions” will be taken against those who marry or divorce in violation of the order. In 2008, the NaSaKa outlined the application requirements in more detail, including a requirement for men to submit a photograph without a beard (except for religious persons, known as “Mawlawis”) and specific punishments under the Penal Code for contravening the order. 1247 591. A further NaSaKa local order from August 2009 contains similar provisions, prescribing that violation of the rules can lead to lengthy prison sentences. The order sets out similarly circuitous procedures for obtaining permission to marry, including an interview and at least three witnesses. The application forms had the word “Islam” pre-printed on it, clearly demonstrating discriminatory intent. 592. According to credible reports, harassment and humiliation were frequent during this procedure. Couples could be asked intrusive personal questions about their relationship. Some couples were reportedly forced to hold hands or make other physical displays of affection. Male applicants were sometimes requested to shave their beards and female applicants to remove their hijab or headscarf. Women were reportedly sometimes required to prove they were not already pregnant by taking a pregnancy test at a government clinic, showing their stomach to male officers, or having them touch their stomach. 1248 These practices constitute cruel, inhuman or degrading treatment. Moreover, being particularly aimed at females, they also discriminate based on sex. They violate Myanmar’s obligations under article 16(1)(a) of the Convention on the Elimination of All Forms of Discrimination against Women “to take all appropriate measures to eliminate discrimination against women in all matters relating to marriage”. 593. The marriage authorisation procedure applicable to the Rohingya is reported to have caused delays of up to two years in obtaining permission and payment of exorbitant fees. Couples who did not obtain official marriage permission also risked criminal punishment, including fines. In addition, their children risked exclusion from the household list. 1249 594. Because of the delays and the costs, couples often only married religiously, without first applying for a certificate, risking the consequences. One interviewee from Buthidaung explained how his sister married and had a child before receiving official permission. She 1246 1247 1248 1249 140 Peace and Development Council of Maungdaw Township, Regional Order 1/2005 (1 May 2005), on file with the Mission; K-076. NaSaKa, Regional Order on Processes for Controlling Bengali Population (11 February 2008), Addendum on “Population control activities” and “Requirements for Bengalis who apply for permission to marry”, on file with the Mission; K-076. K-076.15. CI-061, CI-062, CI-064, CI-065, CI-070, CI-072, CI-073, CI-079, CI-082, CI-090, CI-092, CI-094, CI-173, DI-001, DI-004, DI-009; K-063.15, K-076.15.