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Rohingya policies and restrictions under Myanmar’s new government
Joint briefing paper of FIDH and ALTSEAN-Burma – 26 October 2016
Since taking power on 30 March 2016, Myanmar’s new government, which is dominated by Aung San Suu Kyi’s National League for Democracy (NLD) party, has done little to address the situation of Rohingya in the country. While the government has taken a number of steps to improve the human rights situation in the country, it has failed to adequately address the long-standing discriminatory and abusive practices against Rohingya in Rakhine State.
The NLD has made no attempt to remove the legal obstacles that seriously restrict the fundamental rights of Rohingya. Shortly after the NLD’s victory in the November 2015 election, NLD Central Executive Committee member Win Htein said that addressing the situation of Rohingya was not among the party’s priorities and maintained that most Rohingya were illegal immigrants who had to be “returned” to Bangladesh. Parliament, dominated by NLD lawmakers, and the executive branch, headed by President Htin Kyaw and State Counselor Aung San Suu Kyi, have failed to take any action towards the review and amendment of the 1982 Citizenship Law. The law is not in line with international standards and restricts access to citizenship for Rohingya. In June and September 2012, Aung San Suu Kyi stated that Myanmar’s citizenship laws needed to be reviewed in order to be in line with international standards. Instead of encouraging a parliamentary review of the 1982 Citizenship Law, the government has pursued the previous administration’s flawed approach to the issue of Rohingya citizenship. [See below, Pilot citizenship verification launched]
In addition, during its first and second regular sessions (1 February – 10 June 2016 and 25 July 2016 – present), Parliament failed to introduce any proposals to repeal or amend the four so-called ‘Race and Religion Protection Laws.’ The four laws, adopted by the previous Parliament between April and August 2015, are discriminatory towards Myanmar’s religious minorities, including Rohingya, and contravene the country’s international legal obligations under the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). In May 2013, Aung San Suu Kyi voiced opposition to the two-child limit on Rohingya families, saying the discriminatory regulation was “against human rights.” While it is unclear whether these policies are still enforced, the NLD has taken no action to officially repeal them.
Violence against Rohingya has escalated after an incident in Maungdaw Township, northern Rakhine State, on 9 October 2016, during which unknown assailants killed nine police officers. Unverified reports claim that more than 50 Rohingya civilians were killed by security forces in Maungdaw Township in response to the killing of the police officers and that two mass graves were uncovered. Local sources have reported the arbitrary arrest of dozens of Rohingya and the military setting fire to several Rohingya villages in Maungdaw Township. On 24 October, the UN Office for the Coordination of Humanitarian Affairs (OCHA) reported that the violence had also resulted in an estimated 10,000 to 15,000 people being displaced from villages in northern Rakhine State. UNOCHA stated that as of 24 October, humanitarian agencies had been unable to access the affected areas.15 On 12 October, State Counselor Aung San Suu Kyi said the government would conduct “a fair and square [investigation] under the rule of law.”
The NLD-led administration also pursued the previous government’s imposition of restrictions on Rohingya’s religious freedom. On 18 September 2016, the Rakhine State government ordered the demolition of 12 mosques and 35 Arabic languageteaching schools in Maungdaw and Buthidaung Townhsips. The situation in IDP camps in Rakhine State remains dire. About 120,000 IDPs, the vast majority of whom are Rohingya, remain in IDP camps across Rakhine State. In addition, the majority of IDPs in the camps face restrictions on freedom of movement on the grounds of security or maintaining stability. These restrictions severely impact Rohingya’s access to basic services and livelihoods. On 1 July 2016, UN Special Rapporteur on the situation of human rights in Myanmar Yanghee Lee said the conditions in IDPs camps in Rakhine State remained “poor with concerns about overcrowding, the deterioration of temporary shelters and housing, and the lack of proper sanitation facilities.” On 20 June 2016, State Counselor Aung San Suu Kyi told UN Special Rapporteur on the situation of human rights in Myanmar Yanghee Lee that the government would avoid using the term ‘Rohingya.
