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. 143

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