A/HRC/39/CRP.2
marriage permission. This has led to preventable deaths of mothers and infants and long-term
health impacts for women who survive. 1258
“Race and religion” laws
600. In June 2013, the monk Ashin Wirathu called for a law on inter-religious marriage.
This was subsequently expanded to a package of four bills to “safeguard nationality and
religion”. The MaBaTha submitted a petition to President Thein Sein supporting this
proposal, with more than 1.3 million signatures. Despite concerns raised about compliance
with human rights standards, including by United Nations experts1259, these four bills became
law between May and August 2015. The laws make reference to “non-Buddhists”, not
explicitly naming Rohingya or Muslims. However, given rhetoric in the lead-up to their
adoption, the laws clearly had a discriminatory intent against the Rohingya. They were built
on a number of prevailing stereotypes, including that Rohingya are polygamous and have a
high birth rate, and that Buddhist women need protection from conversion to Islam and
marriage to Muslims.
• Buddhist Women’s Special Marriage Law: imposes disproportionate penalties and
gender discriminatory barriers on non-Buddhist men; restricts the rights of nonBuddhist husbands of Buddhist wives, including denying them custody of children in
the case of dissolution of marriage or divorce; discriminates against women by placing
a number of restrictions only on Buddhist women who wish to marry outside their
faith; and provides protection against some forms of domestic violence only for
Buddhist women marrying outside of their religion.
• The Population Control Healthcare Law: adopts a coercive and selective approach
to realising the stated goals of poverty alleviation and improvement of living
standards; lacks essential safeguards to ensure freedom from discrimination; and
allows township groups to “organize” 1260 couples to practice 36-month birth spacing,
raising concerns of coercion.
• Religious Conversion Law: establishes a cumbersome and state-regulated system for
changing religion, requiring state approval following registration and interview;
prevents children from changing their religion.
• Monogamy Law: bans polygamy in accordance with international human rights
requirements but some provisions adopt a restrictive and discriminatory approach to
marriage regulation; makes references to “non-Buddhist persons”; does not prohibit
other discriminatory forms of marriage, including early and forced marriages,
practised by other population groups.
601. The laws remain in force, but little information is available on their implementation.
Some reports indicate that, while the first case brought under the Monogamy law was against
a Muslim,1261 many of the following cases were predominantly against Buddhists reported
for extramarital affairs.1262
(c)
Restrictions related to repairs of houses
602. The applicable legal framework in relation to construction and repairs of buildings is
unclear. The Rohingya face many difficulties accessing administrative procedures in this
regard, including applications for permits. The informal authorisation of construction and
repair of buildings is facilitated by unofficial payments and bribes. These sums are paid to
the General Administration Department and the Border Guard Police (and formerly the
1258
1259
1260
1261
1262
142
K-076.15.
MMR 4/2014, available at:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=22569
and 11 May 2015; MMR 5/2015 available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=20241.
Vague term used in the law.
A/70/412, para. 76.
V-244.