A/HRC/39/CRP.2
NaSaKa) to permit Rohingya to construct or repair their houses, especially in rural areas. 1263
The authorisation offers no security and is subject to demands for bribes. Those who do not
comply, or who construct without authorisation, risk arrest. One interviewee stated:
I had all the necessary permission to build a new house. On the very first day of the
construction, about five police officers came to the site with the village administrator.
They asked to show the documents related to the construction and we did. The police
said there was no signature on the documents, although I knew the documents were
100 per cent correct. I could not protest, otherwise they would have arrested me. I
offered them chickens worth 10,000 Kyat and 2kg of rice. They demanded 100,000
Kyat instead. It took me two months to gather this amount.1264
603. In addition, Rohingya face restrictions on construction and repairs related to the
implementation of local orders. For example, a couple without official permission to marry
cannot initiate a new household list, which is necessary to obtain permission to construct. 1265
604. In September 2016, the State Security Minister of Rakhine announced that buildings
constructed without the required permissions would be demolished. Implementation began
in November 2016, during the “clearance operation” undertaken by the Tatmadaw. As of
January 2017, credible reports indicate that a total of 1,082 buildings had been demolished
out of 1,984 which had been identified for demolition. This also included mosques and
madrassahs.1266 As a consequence, a total of 4,480 people were reportedly forcibly evicted.
It is unclear how the procedure for the designation of buildings constructed without
permission was conducted and if the process also assessed homes and structures belonging
to and occupied by other ethnic groups.
(d)
Conclusion
605. The control of the Rohingya does not stop at denial of legal status and severe
restrictions on movement and access to food, health and education. It also affects their private
life, including through marriage restrictions, birth spacing policies, and undue control on the
building and repair of homes and religious edifices. Cumbersome and opaque procedures are
put in place for every aspect of life, generally applied arbitrarily and requiring the payment
of fees and bribes.
606. These policies and practices have emerged in a context of rhetoric labelling Rohingya
as “illegal immigrants”, having “incontrollable birth-rates”. The presence of Rohingya is seen
as a threat, not only to the local Buddhist communities, but also to the nation and its Buddhist
character as a whole.1267 The discriminatory and persecutory intent of such policies is
apparent. They also violate a range of human rights, including the right to privacy and family
life and freedom from cruel, inhuman and degrading treatment.
6.
Oppression through arbitrary arrest and detention
607. The Mission further found a pattern of widespread and systematic arbitrary detention
of Rohingya across Rakhine State, but particularly in the northern townships. These arrests
are discriminatory, with the Rohingya systematically targeted. The arrests are perpetrated by
different law enforcement agencies, including the BGP and previously the NaSaKa, as well
as other security forces, including the Tatmadaw. Arrests generally occur during night raids
on villages, in houses or shops, at checkpoints or during house searches or household list
verifications.1268
608. The levels of arbitrary arrest and detention throughout the period under review have
been extremely high, with significant spikes during periods of heightened tension, such as
1263
1264
1265
1266
1267
1268
CI-073, CI-090, DI-010, DI-038, DI-054.
CI-090.
According to Addendum 2 of the 2008 NaSaKa regional order applicable only to the Rohingya,
“action must be taken against people who fix, expand or build a house without a permit”.
K-063.17.
See Chapter III, section B.2: Place of Buddhism in society.
K-076.46.
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