A/HRC/39/CRP.2 had to hide when the police were searching for her. 1250 Another interviewee spoke of the bribes associated with the process, and potential consequences of not obtaining permission: Although my elder brother paid 100,000 Kyat to the NaSaKa for a marriage permission letter, it wasn’t issued, and he proceeded to get married religiously. One day, the NaSaKa went to his house and found his wife pregnant. They asked for the official marriage document, but they didn’t have one. The NaSaKa arrested my brother and he was detained in Buthidaung jail for five years. 1251 595. Although not uniformly enforced, credible reports indicate that the practice of restricting the marriages of Rohingya in northern Rakhine continued after the disbandment of the NaSaKa in 2013. It was enforced by the BGP, MaKaPha and the General Administration Department.1252 On 28 April 2016, the BGP in Maungdaw issued a new instruction on marriage permission. Although it is not known whether this new instruction was applied throughout northern Rakhine State, it is alleged that similar instructions were issued in various BGP sectors across Maungdaw and Buthidaung. The instruction on “marriage related matters of Bengali races” imposes additional requirements for marriage permission. The introduction states: The population density (…) is greater than international standard. For that reason, in our sector jurisdiction, the movement of the Bengali races and population increasing rate has been controlled through the household list updating exercise.1253 Restrictions on number and spacing of children 596. Regional Order 1/2005 of the Maungdaw Township Peace and Development Council states that those who have permission to marry must “limit” the number of children they have, without giving further details. However, as part of the marriage permission procedure, Rohingya couples were made to promise not to have more than two children and to use contraception.1254 597. In May 2013, the authorities in Rakhine State announced the reinforcement of the rule limiting to two the permissible number of children in Maungdaw and Buthidaung.1255 The spokesperson of the Rakhine State Government reportedly recognized that the two-child policy was only applicable to the Rohingya: Regarding family planning, they [the Rohingya] can only get two children. (…) The rule is only for certain groups (…). For Buddhist people, we don’t need that rule, because Buddhist people only have one wife. It is being implemented to control the population growth, because it is becoming too crowded there. 1256 598. According to credible reports, the Union Immigration Minister also confirmed the existence of this policy in 2013 but stated that it did not come from either the Union or State government. He highlighted that it would “benefit Bengali women”. At the time, Daw Aung San Suu Kyi had reportedly called the policy “discriminatory,” stating that it was “not in line with human rights”.1257 Adverse consequences 599. According to credible reports, the highly cumbersome and arbitrary marriage permission process, and risks associated with it, has led many Rohingya to leave Myanmar. Women reportedly resorted to unsafe abortions for fear of contravening local orders and associated criminal penalties. Women were often afraid to seek healthcare because they feared repercussions for having had an illegal abortion, or for living with someone without 1250 1251 1252 1253 1254 1255 1256 1257 DI-009. CI-064. K-063.15. K-076. K-063.15, K-076.15. K-063.16. The Irrawaddy, “Govt sets two-child limit for Rohingyas in northern Arakan” (20 May 2013). Reuters, “Myanmar minister backs two-child policy for Rohingya minority” (11 June 2013). 141

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