A/HRC/39/CRP.2
had to hide when the police were searching for her. 1250 Another interviewee spoke of the
bribes associated with the process, and potential consequences of not obtaining permission:
Although my elder brother paid 100,000 Kyat to the NaSaKa for a marriage
permission letter, it wasn’t issued, and he proceeded to get married religiously. One
day, the NaSaKa went to his house and found his wife pregnant. They asked for the
official marriage document, but they didn’t have one. The NaSaKa arrested my
brother and he was detained in Buthidaung jail for five years. 1251
595. Although not uniformly enforced, credible reports indicate that the practice of
restricting the marriages of Rohingya in northern Rakhine continued after the disbandment
of the NaSaKa in 2013. It was enforced by the BGP, MaKaPha and the General
Administration Department.1252 On 28 April 2016, the BGP in Maungdaw issued a new
instruction on marriage permission. Although it is not known whether this new instruction
was applied throughout northern Rakhine State, it is alleged that similar instructions were
issued in various BGP sectors across Maungdaw and Buthidaung. The instruction on
“marriage related matters of Bengali races” imposes additional requirements for marriage
permission. The introduction states:
The population density (…) is greater than international standard. For that reason,
in our sector jurisdiction, the movement of the Bengali races and population
increasing rate has been controlled through the household list updating exercise.1253
Restrictions on number and spacing of children
596. Regional Order 1/2005 of the Maungdaw Township Peace and Development Council
states that those who have permission to marry must “limit” the number of children they
have, without giving further details. However, as part of the marriage permission procedure,
Rohingya couples were made to promise not to have more than two children and to use
contraception.1254
597. In May 2013, the authorities in Rakhine State announced the reinforcement of the rule
limiting to two the permissible number of children in Maungdaw and Buthidaung.1255 The
spokesperson of the Rakhine State Government reportedly recognized that the two-child
policy was only applicable to the Rohingya:
Regarding family planning, they [the Rohingya] can only get two children. (…) The
rule is only for certain groups (…). For Buddhist people, we don’t need that rule,
because Buddhist people only have one wife. It is being implemented to control the
population growth, because it is becoming too crowded there. 1256
598. According to credible reports, the Union Immigration Minister also confirmed the
existence of this policy in 2013 but stated that it did not come from either the Union or State
government. He highlighted that it would “benefit Bengali women”. At the time, Daw Aung
San Suu Kyi had reportedly called the policy “discriminatory,” stating that it was “not in line
with human rights”.1257
Adverse consequences
599. According to credible reports, the highly cumbersome and arbitrary marriage
permission process, and risks associated with it, has led many Rohingya to leave Myanmar.
Women reportedly resorted to unsafe abortions for fear of contravening local orders and
associated criminal penalties. Women were often afraid to seek healthcare because they
feared repercussions for having had an illegal abortion, or for living with someone without
1250
1251
1252
1253
1254
1255
1256
1257
DI-009.
CI-064.
K-063.15.
K-076.
K-063.15, K-076.15.
K-063.16.
The Irrawaddy, “Govt sets two-child limit for Rohingyas in northern Arakan” (20 May 2013).
Reuters, “Myanmar minister backs two-child policy for Rohingya minority” (11 June 2013).
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