A/HRC/39/CRP.2
checkpoints: “If you didn’t have the certificate you had to pay a lot, but even if you had it,
you had to pay something.” 1113 Rohingya who travel without the necessary documents risk
arrest1114 and prosecution under section 188 of the Penal Code or the 1949 Residents of
Myanmar Registration Act. Another interview succinctly stated, “You will not find a single
person who did not pay money to the authorities”.1115
(d)
Specific restrictions in central Rakhine
512. In central Rakhine, restrictions on freedom of movement of the Rohingya and the
Kaman significantly increased after the 2012 violence. They apply to both displaced and nondisplaced populations. This affects the Rohingya and Kaman residing in villages in central
Rakhine (estimates range from 200,000 to 230,000), and an additional 128,000 Rohingya and
Kaman living in displacement camps and sites, the majority in rural areas of Sittwe
Township.1116
513. Rakhine and Rohingya communities have been segregated in central Rakhine since
the 2012 violence. The authorities state this is to ensure the protection of the communities,
but without any specific justification relating to the actual risks.1117 While most restrictions
are not formally codified, they are reportedly strictly enforced. According to credible reports,
when Rohingya or Kaman try to move in central Rakhine beyond locally accepted
boundaries, they are frequently arrested and subjected to ill-treatment.1118
514. Movement of the non-displaced Muslim population is tightly curtailed by the security
forces, local authorities and communities. They are not allowed to travel to Sittwe town, or
other main towns in central Rakhine, except very rarely for emergency medical treatment or
other exceptional circumstances. These towns previously had substantial Muslim
communities. Rohingya and Kaman have also been barred from entering many of the Rakhine
villages in central Rakhine State, although there are examples where local arrangements have
allowed this.1119
515. As early as September 2012, the then United Nations Special Rapporteur on the
situation of human rights in Myanmar warned against the risks of such a policy of
segregation:
The current separation of Muslim and Buddhist communities following the violence
should not be maintained in the long term. In rebuilding towns and villages,
Government authorities should pay equal attention to rebuilding trust and respect
between communities, while confronting deep-rooted prejudices and discriminatory
attitudes based on ethnicity and religion. These have been made manifest in the antiRohingya discourse and in the inaccurate and inflammatory images of the violence in
the media, including social media. A policy of integration, rather than separation and
segregation, should be developed at the local and national levels as a priority. 1120
516. Despite numerous calls by two United Nations Special Rapporteurs 1121, the United
Nations High Commissioner for Human Rights1122 and others, six years after the 2012
violence, this policy of segregation has been maintained and contacts between communities
have been extremely limited in central Rakhine. In practice, this policy has contributed to
growing mistrust and misunderstandings. It has also provided a conducive environment for
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
122
DI-051.
CI-089, K-076.
CI-094.
K-113.7.
Danish Refugee Council, European Commission’s Directorate-General for European Civil Protection
and Humanitarian Aid Operations, United Nations High Commissioner for Refugees, CCCM Cluster,
Joint IDP Profiling Service, Sittwe Camp Profiling report (June 2017), p. 12.
K-069.
K-069, V-047.
A/67/383, para. 61.
A/67/383, para. 61; A/68/397, para. 52; A/HRC/25/64, para. 82(c); A/HRC/28/72, para. 60.
A/HRC/32/18, para. 54.