A/HRC/39/CRP.2 move between villages in the same township, between townships and outside Rakhine State is severely curtailed, adversely impacting every aspect of life. 501. The restrictions are imposed through a complex system of written or verbal instructions as well as security rules, physical barriers, abusive practices, and self-imposed restrictions based on fear. Implementation is arbitrary, depending on decisions by local officials. Movement, where permitted, is often associated with the payment of bribes and harassment. The detailed legal basis for all the restrictions imposed on the Rohingya remains unclear. 502. The Advisory Commission on Rakhine State summarised the situation regarding restrictions on freedom of movement as follows: Freedom of movement is one of the most important issues hindering progress towards inter-communal harmony, economic growth and human development in Rakhine State. Movement restrictions have a wide range of detrimental effects including reduced access to education, health and services, strengthened communal segregation, and reduced economic interaction. The Government’s rationale for maintaining the status quo is largely related to fears of destabilization, especially as the Rakhine community is expected to protest greater movement of Muslims within the state. Yet, if carefully done, easing restrictions on freedom of movement could have far-reaching positive social and economic benefits.1100 (b) Requirement for a temporary travel permit to travel between townships 503. According to an instruction issued as early as June 1997 by the Rakhine State Immigration and National Registration Department, all Rohingya (referred to as “Bengali races”) wishing to travel between townships in Rakhine State need to hold a temporary travel permit, called a “Form 4”. This also applies to “foreigners and persons who are doubted as foreigners”. The traveller must report to the authorities about his or her arrival and departure. The Form 4 is only valid for a given time and the traveller must surrender it to the issuing officer upon completion of the approved journey.1101 Despite not belonging to any of these categories, the Kaman, who are Myanmar citizens, have also been required to travel with a Form 4, indicating a broader application to “Muslims”. 1102 Provisions from the 1997 instruction continue to be enforced. 504. Violation of the 1997 instruction is punishable by section 188 of the Penal Code, with imprisonment of up to six months, or up to two years under the 1949 Residents of Myanmar Registration Act.1103 In 2011, the Maungdaw Township General Administration Department issued Order 1/2011 reiterating the need for Rohingya residing in Maungdaw to obtain a Form 4 to travel between townships. The order refers to the non-observance by “some Bengalis” of the requirement to obtain Form 4 and emphasizes that “serious consequences would be faced in accordance with existing laws and section 188”. 505. The process for obtaining a Form 4 is onerous and lengthy, taking from a few days to weeks or months.1104 The applicant must first obtain a letter of recommendation from the village administrator and then travel to the township immigration office (LaWaKa) to apply for a permit. 506. According to credible reports, until 2012 a Form 4 used to be valid for 30 days. After the 2012 violence, the issuance of the Form 4 travel permit was temporarily suspended for Rohingya in Maungdaw, Buthidaung and Rathedaung. It was later resumed for travel 1100 1101 1102 1103 1104 120 Advisory Commission on Rakhine State, Final Report, Towards a peaceful, fair and prosperous future for the people of Rakhine (August 2017), p. 33. K-107. CI-167, CI-168, CI-171. See this chapter, section C.2: Kaman Muslims of Rakhine State. Sections 6(2) and 6(3) of the 1949 Residents of Myanmar Registration Act penalize the failure to comply with a requirement to produce a required document with imprisonment of up to two years with or without hard labour and/or a fine. Article 188 of the Penal Code penalizes the act of disobeying an order given by a public servant with up to six months imprisonment and/or a fine. CI-061, CI-062, CI-065, CI-073, CI-079, CI-082, CI-085, CI-090, CI-173, DI-001, DI-003, DI-013, DI-025, DI-046, DI-051, DI-073.