A/HRC/39/CRP.2
origin, property, disability, birth or other status. All children should have access to birth
registration in the country where they are born, including non-nationals and stateless
children.1019
462. In Myanmar, there is a multiplicity of laws and procedures related to birth registration.
The system is administered by several Ministries, making procedures complex and difficult
to navigate, especially for the Rohingya. 1020 According to article 9 (b) of the Myanmar 1993
Child Law, “parents and guardians shall register the birth of the child in accordance with the
law”. The 1982 Citizenship Law contains a similar requirement but is only applicable to
“citizens born inside and outside the State”, and carries punitive measures for parents or
guardians who fail to register their children. Failure to register a birth on time is also subject
to criminal penalties under the Ward or Village Tract Administration Law.
463. According to credible reports the authorities stopped issuing birth certificates to
Rohingya children in northern Rakhine in the 1990s, with no official reason given for this
change of policy.1021 Since then, the only “registration” of birth for Rohingya children in
northern Rakhine is their inclusion in the so-called “household list”.1022 Such inclusion is a
pre-requisite for obtaining identity documents, travel authorizations, marriage permissions,
and enrolment in most government schools. Upon the request of parents, the village
administrator or the “representative person from the village tract” can issue a “certificate of
proof of birth”.1023 The cost of this procedure varies from one location and one family to
another. Parents must then approach the immigration authorities and request that their
household list be updated, paying another arbitrary fee. 1024 One interviewee from Buthidaung
stated:
The Rohingya need to pay a large amount of money for receiving a certificate of proof
of birth and include new born babies in the family list. The amount appears to vary
from case to case. There is no written rule. The authorities made up all these rules
only for the Rohingya in northern Rakhine State.1025
464. An interviewee from Maungdaw explained how cumbersome this procedure is given
the restrictions on movement and the risks associated with not updating the household list on
time:
After the birth of my first daughter, I went to the village administrator and gave him
15,000 Kyat to send someone from his office to convey the message to the NaSaKa
about my daughter’s birth and to ask for her to be included on the household list. I
could not go to the checkpoint myself because of the unavailability of transportation
and the need for travel permission. I thought the village administrator had taken
action to include my daughter on the list. A few days later, the authorities came to my
village to check the family lists. They saw my daughter but she was not on the list. I
had to give them 50,000 Kyat. I managed to gather the money with the help of others.
Otherwise, I would have been imprisoned for six months.1026
465. In December 2015, a new procedure targeting Rohingya children was outlined in a
document setting out requirements for “birth list insertion of children from Bengali ethnics
in household population list”. According to credible reports, these additional administrative
requirements have further slowed down the process. As a result, only a small number of new-
1019
1020
1021
1022
1023
1024
1025
1026
See A/HRC/27/22, para. 11.
K-063.11. Myanmar’s birth registration system differs by geographical area and the following
Ministries have reportedly acquired parallel competences: Ministry of Immigration and Population;
Ministry of Home Affairs; Ministry of Health; and Ministry of National Planning and Economic
Development. Since 2012, village administrators were also attributed responsibilities .
K-063.10, K-063.11.
See this chapter, section B.5.b: Restrictions related to household lists.
K-063.11.
CI-061, CI-082, CI-094, DI-001, K-063.10.
CI-061.
CI-094.
111