A/HRC/39/CRP.2 somebody’s house for a month or more.1140 However, additional investigation is required to confirm whether this change in the law has been followed by a change of practice on the ground in Rakhine and elsewhere. (f) Conclusion 525. Rohingya across Rakhine State face severe movement restrictions. They need travel permits to leave their township. In northern Rakhine State, movement between villages is also restricted and curfews are imposed. Restrictions are enforced through multiple security checkpoints, which had reportedly risen to over 160 before 25 August 2017.1141 In central Rakhine State, severe restrictions imposed since the 2012 violence have resulted in a policy of segregation of communities. Rohingya can generally not move to ethnic Rakhine areas, including the main towns and markets. For the last six years, 128,000 Rohingya and Kaman have been confined in displacement camps or sites and 4,000 Muslims have been confined in the Aung Mingalar ghetto in Sittwe town. These restrictions adversely impact every aspect of their life, including their access to food, livelihood, health and education – and in extreme cases leading to preventable deaths. They are compounded by arbitrary fees, extortion and the risk of arrest. 526. While their citizenship rights and status are debated in Myanmar, it is not denied that most Rohingya are residents of Myanmar. As such, they are entitled to freedom of movement. Moreover, their non-citizenship, which results from an arbitrary deprivation of their nationality, cannot be invoked to deny other human rights. No security requirement necessitates the imposition of these severe and arbitrary movement restrictions for such a long period of time, without any clear legal basis. Therefore, the restrictions violate the right to freedom of movement of the Rohingya. 527. Specifically with regard to the displacement camps and sites established in central Rakhine State after the 2012 violence, the Mission finds that – beyond a violation of their right to freedom of movement – the confinement of Rohingya and Kaman constitutes a deprivation of liberty. Deprivation of liberty involves a more severe restriction of movement within a narrower space than interference with liberty of movement. 1142 While Rohingya and Kaman enjoy some limited ability to move within the camps or sites, many of the camps are surrounded by barbed wire, military camps, security guards and checkpoints, including inside the camps. Access to the camps and sites is restricted. The situation in the Aung Mingalar ghetto is similar or even worse on certain aspects. Residents cannot freely leave the displacement camps and sites and Aung Mingalar. They have inadequate access to health care, education and livelihoods. Holding a group in such conditions for over six years amounts to a deprivation of their liberty. 528. The Government justifies their confinement on security grounds. However, the Mission fails to see the present, direct and imperative threat that would justify the security detention of 132,000 people1143 for over six years and that could not be addressed by alternative and less invasive means.1144 This is aggravated by the lack of known legal basis or review of the confinement. Were confinement of communities absolutely required to maintain security, the Mission does not see why it should only affect the Muslim communities of Rakhine State. The Mission has reasonable grounds to conclude that the holding of Rohingya and Kaman in these camps and sites and in the Aung Mingalar ghetto constitutes an arbitrary and discriminatory deprivation of their liberty. 529. Beyond the question of lawfulness, the Mission calls into question the effectiveness of policies of segregation to mitigate an alleged or perceived security threat, especially for long periods of time. Rather than contributing to sustainable peace in Rakhine State, they 1140 1141 1142 1143 1144 126 Ward or Village Tract Administration Law, Chapter IX, section 17. K-076. United Nations Human Rights Committee, General Comment No. 35: Liberty and security of persons (Art. 9), 16 December 2014, CCPR/C/GC/35, para. 5. 128,000 Rohingya and Kaman in displacement camps and sites and 4,000 in Aung Mingalar. United Nations Human Rights Committee, General Comment No. 35: Liberty and security of persons (Art. 9), 16 December 2014, CCPR/C/GC/35, para. 15.