A/HRC/39/CRP.2
otherwise in “cases of danger to human life, health or safety, or a likelihood of a riot or an
affray”.1473
681. By September 2014, all curfew orders in Rakhine State were lifted, except in
Maungdaw and Buthidaung Townships, where they have remained in force continuously
since 2012.1474 According to credible reports, the orders are more strictly enforced in
Maungdaw and Buthidaung towns than in surrounding rural areas. 1475
682. According to the curfew orders, people were not allowed to be outside their homes
between 6pm and 6am. These times were later shortened but, on 25 August 2017, the curfew
hours in Maungdaw and Buthidaung Townships were again extended.1476 Although the
curfew orders were drafted in general terms, in practice they have been enforced mainly
against Muslims generally, and in Maungdaw and Buthidaung Townships against the
Rohingya. Enforcement has been undertaken by village administrators, the NaSaKa, the BGP
and the Tatmadaw.1477
683. Many Rohingya interviewees referred to the curfew as one of the serious restrictions
they faced after the 2012 violence.1478 Given its prolonged and discriminatory application, it
has had severe, adverse effects on the lives of the Rohingya in Rakhine State, including on
access to livelihoods.1479 Interviewees also said that they were not allowed to keep lights or
candles on during curfew hours.1480 In some isolated cases, security forces were more lenient
and made exceptions, allowing Rohingya to be outside during curfew hours. 1481 However, in
the majority of cases, the curfew was strictly enforced, especially in 2012, and in the periods
after the ARSA attacks in 2016 and 2017. In some cases, security forces went as far as killing
Rohingya – including elderly people – who were outside during curfew hours. 1482
684. The curfew orders also prohibited gatherings of more than five people on “roads,
streets, the main road, lanes, garden (or) mosques and public schools”.1483 This has had a farreaching adverse impact over the subsequent six years. The list of public places where
gatherings of more than five people is not allowed reveals discriminatory intent, as it includes
mosques but not monasteries or temples. Given the importance to Muslims of congregational
prayers in mosques, this prohibition represents a serious obstacle to the right to freedom of
religion, including religious worship, protected under international human rights law,
including by article 18 of the UDHR and article 14 of the CRC. Credible reports indicate that
some Rohingya have gathered secretly to pray in private houses, makeshift mosques or
madrasas in remote areas.1484 This long-lasting prohibition of gatherings of more than five
people is also a violation of the right to peaceful assembly, protected for example by article
20(1) of the UDHR and article 15 of the CRC.
1473
1474
1475
1476
1477
1478
1479
1480
1481
1482
1483
1484
160
Code of Criminal Procedure, s. 144(6).
V-047.
V-047.
See also chapter V, section D.3: An enduring catastrophe.
CI-125, DI-073, V-047. See also A/HRC/32/18
CI-062, CI-063, CI-064, CI-076, CI-079, CI-080, CI-082, CI-084, CI-089, CI-092, CI-094, CI-174,
CI-175, CI-181, CI-183, CI-184, CI-185, CI-186, CI-187, CI-188, CI-189, CI-192, CI-194, CI-195,
CI-196, CI-198, CI-199, DI-003, DI-004, DI-047, DI-050, DI-052, DI-053, DI-054, DI-073, DI-075,
DI-076, RI-002, RI-003, RI-009, RI-010, RI-012, RI-015, RI-017.
DI-053.
CI-082, CI-094, DI-053.
DI-075, DI-076.
CI-076, CI-174, DI-050, DI-054, DI-073.
Township General Administration Department, Curfew Order No. 1/2012 (8 June 2012), available at:
http://www.myanmargeneva.org/pressrelease/2.%20Preventive%20measures%20and%20actions%20t
aken%20by%20the%20government.pdf. See page 7.
V-047.