A/HRC/39/CRP.2 Restrictions on access to livelihoods 538. Rohingya have faced severe restrictions on their access to livelihoods for decades. Already in the 1990s, strict enforcement of movement restrictions against the Rohingya in northern Rakhine had reportedly led to severe impoverishment, to the extent that many people were in need of humanitarian assistance.1159 Movement has been further restricted throughout Rakhine State with each wave of violence.1160 The Rohingya in central and northern Rakhine have been restricted from accessing fishing areas (including coastal waters and inland waterways), farmlands, markets, or employment outside their immediate areas, thus severely limiting their income.1161 Restrictions on access to livelihoods have been a principal contributory factor forcing Rohingya to leave Myanmar. 1162 539. In central Rakhine, severe restrictions on freedom of movement imposed after the 2012 violence have significantly impacted upon access to livelihoods. For example, Rohingya in villages near Sittwe were reportedly forced to sell personal assets and reduce the numbers of meals in order to survive. 1163 Similarly, in the first half of 2013 over 10,000 Muslims from isolated villages with very limited access to livelihoods reportedly moved to displacement camps and sites. They were not classified as IDPs and therefore had difficulty accessing humanitarian assistance.1164 540. Access to fishing has been severely curtailed by curfew orders since 2012. 1165 These have often prevented access at the peak night and early morning periods. Fishermen are routinely required to pay a fee to the security forces operating checkpoints, and on return are often required to hand over part of their catch. According to credible reports, Rohingya found fishing during curfew hours or in the wrong area have been subjected to ill-treatment, arbitrary arrests and even killings. 1166 United Nations Special Rapporteurs addressed an urgent appeal to the Government of Myanmar about the alleged torture of fishermen by BGP officers in June 2016, causing the death of one.1167 The Government denied the allegations.1168 (b) Restrictions on access to healthcare Legal framework and overview 541. Article 25 UDHR protects the right of everyone to a standard of living adequate for their and their family’s health, including medical care. Article 12 ICESCR protects the “right of everyone to the enjoyment of the highest attainable standard of physical and mental health”. Human rights standards on the right to health are also included in article 12 CEDAW, article 24 CRC, article 25 CRPD, as well as in article 29 ASEAN. 542. The right to the highest attainable standard of health includes the right to a system of health protection that provides equality of opportunity for people to enjoy the highest attainable level of health.1169 Key elements of the right to health are non-discrimination and equal treatment. This includes the right to equality of access to health care and health services. The Committee emphasized that the ICESCR proscribes any discrimination in access to health care and underlying determinants of health, as well as means and entitlements for their 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 Irish Centre for Human Rights, Crimes against Humanity in Western Burma: The Situation of the Rohingya (2010), p. 99; International Federation of Human Rights Leagues, Burma – Repression, discrimination and ethnic cleansing in Arakan (April 2000), p. 20. See this chapter, section B.2. Denial of the right to freedom of movement. K-113.3. CI-062, CI-079, CI-080. K-076 K-076. See this chapter, section C.4.a: Curfews and prohibition of meetings of more than five people. K-076. UA MMR 3/2016, available at: https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=3349 Response of the Government of Myanmar to UA MMR 3/2016, 22 December 2016, available at: https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=80722 United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 14: The right to the highest attainable standard of health (Art. 12), 8 November 2000, E/C.12/2000/4, para. 8. 129