A/HRC/39/CRP.2 5. Restrictions affecting private life 580. Beyond the arbitrary denial of legal status, the severe movement restrictions, and the denial of access to livelihood, health and education, Rohingya face other discriminatory policies and practices, tightly controlling almost every aspect of their private lives. They include restrictions related to marriage, the number and “spacing” of children, and the building and repair of houses. 581. Most of these policies are based on administrative instructions issued by bodies such as the Border Area Immigration Control Headquarters (NaSaKa) or the Immigration and National Registration Department (INRD), and by township and district officials, primarily in northern Rakhine State. These are commonly known as “local orders”. In 2008, the NaSaKa issued an instruction called “Regional order and processes for controlling Bengali population”. It circulated regional orders first issued in 1993 and 2008 and added specific instructions to control the Rohingya, including in the following areas: • population control • “spot checking” related to household registration • moving in and out of a household list • taking family pictures for the household list • marriage permissions • birth and death. 582. Many restrictions appear to stem from these documents or similar instructions issued later. According to credible reports, after the disbandment of the NaSaKa in July 2013, Rohingya in northern Rakhine State described a temporary easing in their implementation. However, by early 2014, the Border Guard Police (BGP), the Committee for Prevention of Illegal Immigration of Foreigners (MaKhaPa) and township authorities had resumed many of the practices.1233 On 13 August 2018, the Union Government issued an announcement abolishing eight local orders mainly targeting the Rohingya, including six issued by the NaSaKa.1234 The Mission welcomes this positive step by the Union Government, although the extent to which this announcement will be implemented on the ground remains to be seen. The information below reflects the situation prior to August 2018. (a) Restrictions related to household lists 583. Every household in Myanmar is required to have an up-to-date “household list” of its permanent residents. Since the expiration of TRCs on 31 March 2015,1235 household lists have been the only form of identification for many Rohingya. The document is necessary for administrative procedures, including NVC-applications and marriage or travel permissions. 584. Household lists are issued and updated by the Ministry of Immigration and Population and the Ministry of Home Affairs.1236 Births, deaths and marriages must be reported. Unlike in the rest of the country, the authorities in northern Rakhine State conduct yearly inspections 1233 1234 1235 1236 138 K-063.13. Announcement 88/2018 by the Union Government of Myanmar (13 August 2018). The announcement abolished six orders issued by the NaSaKa: (a) the order to systematize the marriage permission, (b) the permission for marriage, (c) the issue on the divorce permission of Bengali people, (d) the issue of recording those who are of another race and are not ethnic people, by their father’s name in the household list, (e) the issue of trying to create a separate household for Bengali people, (f) the issue of prohibiting those with Kalar names to also have a Myanmar name. The announcement also abolished two orders issued by the Directorate of People’s militia and Border Area Units, Ministry of Defence: (a) the issue of enlisting the illegally-born Bengali babies in the household list, (b) the permission on marriage of Bengali people. See this chapter, section B.1.c: Denial of citizenship. Household lists are issued by the Immigration and National Identification Headquarters, which is jointly maintained by the General Administration Department, a branch under the military-controlled Ministry of Home Affairs, and the Ministry of Labour, Immigration and Population.

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