Physicians for Where There is Police, Human Rights There is Persecution Government Security Forces and October 2016 Human Rights Abuses in Myanmar’s Northern Rakhine State

An immigration officer inspects Rohingyas’ paperwork at a checkpoint in Rakhine State. About Physicians for Human Rights

For 30 years, Physicians for Human Rights (PHR) has used science and medicine to document and call attention to mass atrocities and severe human rights violations.

PHR is a global organization founded on the idea that health professionals, with their specialized skills, ethical duties, and credible voices, are uniquely positioned to stop human rights violations.

PHR’s investigations and expertise are used to advocate for persecuted health workers and medical facilities under attack, prevent torture, document mass atrocities, and hold those who violate human rights accountable.

Table of Contents Acknowledgements

2 Introduction This report was written by Claudia Rader edited and Widney Brown, Physicians for prepared the report for 4 Methodology Human Rights (PHR) program publication. director, and is based on field 6 Background research conducted from November PHR would like to acknowledge 2015 to May 2016 in Myanmar the Bangladesh-based research 8 Findings (Rakhine State and Yangon) and team who contributed to the Bangladesh. study, design, and data collection 20 Discussion and also reviewed and edited the The report benefited from review report. PHR would also like to 24 Conclusion and by PHR leadership and staff, thank other external reviewers Recommendations including DeDe Dunevant, director who wish to remain anonymous. of communications, Donna McKay, 27 Endnotes MS, executive director, Marianne PHR is deeply indebted to the Møllmann, LLM, MSc, senior Rohingya and Rakhine people researcher, and Claudia Rader, MS, who were willing to share their content and marketing manager. experiences with us.

©2016 Physicians for Human The report benefitted from external The survey for this report was Rights. All rights reserved. review by Adam Richards, MD, approved by PHR’s Ethics Review Library of Congress Control PhD, MPH, PHR board member and Board. Support for the survey Number 2016955265 assistant professor in the Division and report was provided by ISBN 978-0-9981162-0-4 of General Internal Medicine and the National Endowment Health Services Research at the for Democracy. University of California, Los Angeles. India China

Mandalay

Bangladesh

Myanmar Chin State

Buthidaung

Maungdaw

Myanmar Rakhine State Laos

Area Enlarged

Sittwe

In Myanmar’s northern Rakhine State, ethnic Rohingyas have been Key subjected to decades of government-perpetrated human rights abuses, Checkpoint which have severely impacted their ability to survive, to access health City care, and to provide for their families. Security forces have penetrated Government Clinic into nearly all parts of the state and Rohingyas cannot travel far without encountering a security post, where they routinely risk assault, detention, and extortion. As this map illustrates, security posts are positioned on most of the access routes to government clinics, and many of the Rohingyas surveyed by Physicians for Human Rights said that they had often decided not to seek advanced medical care because of fear of passing through these checkpoints.

Physicians for Human Rights phr.org

Nay Pyi Taw

Thailand

Yangon

100 km Introduction

A Rohingya man talks to a census worker at his house compound in Rakhine State. The government of Myanmar views Rohingya as migrants from Bangladesh and refuses them citizenship; it has required them instead to register as “Bengali.” Photo: Soe Than Win/AFP/Getty Images

In Rakhine State, in western Myanmar, and bribes have severe impacts on other conflict-affected ethnic areas of the government has committed human households in Rakhine State. Land Myanmar, the presence of state security rights violations against the population confiscations from the predominantly forces, most often the Tatmadaw for decades, including forced evictions, agrarian population take away a (Myanmar Armed Forces), is associated arbitrary detention, restrictions on resource that is crucial for generating with increased rights abuses and freedom of movement, denial of the income and producing food. Extortion impacts on health and livelihoods. In a right to citizenship, and discrimination (being forced to pay bribes to security 2012 household survey in Karen State, in access to health care, work, housing, forces) can remove a significant PHR found that for each hour’s hiking and basic amenities. These violations proportion of this needy population’s distance closer to a military outpost that have continued after the transition income. As a result, households may not a village was located, households in that to the current democratically-elected be able to afford to buy enough food, village had a 23 percent increased risk government, and they have affected send children to school, or travel for of having experienced a human rights all ethnic minorities in the state. Human medical care. The onerous restrictions violation and a seven percent increased rights violations perpetrated by the on movement further limit people’s risk of food insecurity.1 government are an often-overlooked ability to access medical care and to root cause of the anti-Muslim violence transport crops to sell in the market. In Rakhine State, too, any encounter that wracked the region in 2012, Moreover, these rights abuses cause with state security personnel brings the and they continue to be an obstacle poor health outcomes. risk of rights abuses. The high presence to reconciliation and economic there of security outposts means these development. The population studied for this report encounters are common. – the Rohingya – are a Muslim ethnic Between November 2015 and May group of about one million people and But the Rohingya are not the only group 2016, Physicians for Human Rights one of the world’s largest stateless to have suffered from government (PHR) documented the manner in which populations. In Myanmar, they have repression in Myanmar. The narrative the minority Rohingya population in rarely been free from government of abuses against Rohingyas often the state are particularly targeted for scrutiny. Village administrators, overshadows reports of abuses against these violations, and charted the effect informers, and the high number of another ethnic group, the Buddhist the violations have on the health and security outposts scattered across Rakhines, when, in fact, Rakhine livelihood of an already impoverished Rakhine State, where most Rohingyas people have also suffered human population. PHR found that restrictions live, ensure that Rohingyas’ daily lives rights violations such as forced labor, on movement, forced labor, nighttime are closely monitored. This surveillance forced displacement, arbitrary arrests raids, land confiscations, and the dramatically increases the chances and killings, and theft of food and consequential extortion, taxation, of rights violations and extortion – other basic amenities.2 Around the Rohingyas cannot do anything without the government knowing about it. In

2 Where There is Police, There is Persecution In northern Rakhine State, Rohingyas are subjected to a wide range of abuse, restrictions, and penalties which severely impact their ability to survive, to access health care, and to provide for their families.

tourist destinations of Mrauk U and violations committed against Rohingya Rakhine State Ngapali, the military has repeatedly people living outside of internally seized Rakhine villagers’ land over the displaced person (IDP) camps, in two Rakhine State is in western last two decades to make room for townships in northern Rakhine State. Myanmar, on the Indian Ocean hotels. Rakhines have also had their and bordering Bangladesh. Ethnic land taken by the military to expand To investigate abuses, PHR investigators conflict in Rakhine State started bases as well as for officers’ personal surveyed 112 Rohingya migrants in decades, if not centuries, before use. Land confiscations around the Bangladesh and interviewed 58 other the outbreak of fighting in Sittwe Kyauk Phyu Special Economic Zone and people, including Rakhines, international in 2012, which left hundreds dead the China-Myanmar pipeline have not aid workers, and Rohingyas in both and displaced 140,000 Rohingyas been resolved. The military also abuse Bangladesh and Myanmar about the and Rakhines into IDP camps. Ethnic Rakhine people by confiscating food situation in Rakhine State. Rakhine people – who number and using them for forced labor and to about 2.1 million and are the most serve as porters in conflict areas in the PHR’s findings show that, in northern populous group in the state – trace central part of the state. Two thousand Rakhine State, Rohingyas are subjected their roots to the Arakan and Rakhines fled their homes in 2015 and to a wide range of abuse, restrictions, Dynawaddy kingdoms that ruled 2016 around the towns of Kyauk Taw and penalties which severely impact their the region starting in about 300 AD. and Ponnagyun to escape these abuses. ability to survive, to access health care, Although Rakhines are Buddhist, A 2015 report identified more cases and to provide for their families. PHR they have a different language and of land confiscation among the ethnic found evidence of routine and severe culture from the Burman people Rakhine population in southeastern violations of the rights to freedom of who inhabit the central part of the Rakhine State than in any other ethnic movement, to choose one’s residence, country and have tended to control state in the country.3 4 and to be free from discrimination of any the government and military. The kind. We also found evidence of abuse Rohingya number about 1.1 million Furthermore, government health and and extortion perpetrated by security in Rakhine State, tend to be Sunni education services across Rakhine State forces with impunity, in violation of the Muslim, and trace their roots to have suffered decades of neglect from rights to privacy, security of person, and merchants and soldiers who served military regimes; northern Rakhine State equal protection under the law. the Arakan kingdoms starting in particular is largely overlooked by in the 1400s. Conflict between international humanitarian aid groups To contextualize the findings, the ethnic groups and the government and was for decades mostly off-limits report also summarizes two decades of after World War II shifted the to foreigners.5 The poor health and corroborating studies that document distribution of ethnic groups across economic situation in Rakhine State abuses against both Rakhines and Rakhine State; the population in increases vulnerability to the impacts of Rohingyas in Rakhine State. the northern part of the state now human rights abuses, as documented in comprises 90-95 percent Rohingya, this report. There is little hope for efforts to while the southern part of the promote peace and development state is mostly Rakhine. Although The primary goal of the research in Myanmar as long as government Buddhists and Muslims have lived presented here was to identify the policies and practices targeting specific in Rakhine State for centuries, extent to which government entities populations for exclusion continue. since the colonial period waves of – including the Myanmar military – Understanding the wider scope of migration, forced displacements, employ discriminatory policies and past and ongoing violations, and the fighting between Rohingya and practices to curb freedom of movement role of the government in perpetrating Rakhine insurgent groups and the and access to health care, housing, and them, is important for peacebuilding, government, and periodic bouts of work in Rakhine State. To this end, the development, and humanitarian aid violence between the communities, research documented human rights programming, as well as to inform efforts as well as government abuses, have aimed at supporting international human driven tensions between the two rights standards in Rakhine State. groups.

Physicians for Human Rights phr.org 3 Methodology

Methodology Key Informant Interviews Rakhine State is limited, and because From November 2015 to May 2016, PHR security forces are so pervasive that it From November 2015 to May 2016, researchers spoke with 48 people from would have been impossible to control in Bangladesh and Myanmar (Rakhine international organizations, universities, for the security risk to the interviewee State and Yangon), Physicians for community groups, journalists, women’s if PHR had conducted the interviews Human Rights (PHR) researchers groups, peacebuilding groups, and in northern Rakhine State. Even taking interviewed a total of 170 people about others who are familiar with the history, the precaution of conducting interviews the situation in Rakhine State; 48 of human rights, and political situations in beyond the reach of the security forces these were key informants in Myanmar Rakhine State. These interviews, which and with security measures in place, as and Bangladesh who were interviewed were conducted in Myanmar (Rakhine noted above, intense fear still precluded with open-ended questions, 10 were State and Yangon) and Bangladesh, some potential witnesses from engaging Rohingya migrants in Bangladesh who helped to focus the research questions, with PHR. participated in in-depth interviews, and establish connections with contacts in 112 were Rohingyas who had recently our research areas, contextualize our PHR researchers identified Rohingyas crossed into Bangladesh who were findings, and form recommendations. in three urban areas in southeast interviewed using a mixed-methods Bangladesh using several methods: survey tool. Of these 112 Rohingyas, Survey of Migrants 18 were students, 23 were migrant PHR trained two Rohingya researchers First, PHR researchers used “brokers” workers, 65 were seeking health care, who were based in Bangladesh to to refer migrants for the study. Brokers and six were in the process of fleeing to administer a semi-structured interview are Rohingyas living in Bangladesh a third country. to Rohingya migrants and people who find migrant workers jobs and seeking health care who had crossed places to stay, direct people seeking The population surveyed was mostly the border during the month prior health care to clinics and hostels, and male, and all interviews were conducted to the interview, and also students help Rohingyas through the process of in Bangladesh because PHR felt that who attended school in Bangladesh moving to third countries. we could not guarantee the safety but whose families lived in Myanmar. of respondents in Myanmar from The interview questions covered the Second, PHR researchers identified repercussions from the government. location of the migrants’ home village, migrants at hostels used by people Approximately 20 percent of the checkpoints they passed in travelling seeking health care. migrant workers and 30 percent of to Bangladesh, why they came to people seeking health care who were Bangladesh, and types of human rights Third, PHR researchers interviewed approached refused to be interviewed. abuses encountered in northern Rakhine secondary school students (if they were Most said they were afraid to discuss State – with a focus on extortion, over age 18) at two private madrassas rights abuses because of possible restrictions on movement, forced labor, which Rohingya students are known to repercussions from the Myanmar land confiscation, and how government attend. Students were recruited through government when they returned abuses affected livelihoods as well snowball sampling, in which one to Myanmar.6 as access to health facilities, schools, respondent identifies other respondents and markets. who fit the criteria for the research. Initial respondents were identified This research was done between through brokers. March and May 2016. PHR decided to undertake the interviews in Bangladesh both because access to northern

4 Where There is Police, There is Persecution Open-Ended Interviews Limitations The methods do not permit a causal In March 2016, PHR researchers relationship to be established, for interviewed 10 Rohingya migrants in This research has several limitations. example, between abuses and the Bangladesh about their experiences The sampling method used does not poverty and malnutrition in northern living in northern Rakhine State. permit a generalization of the findings Rakhine State. We did not interview Migrants were identified using the to anywhere in northern Rakhine people from every village in northern same methods described above, and State. The population surveyed were Rakhine State, and it is likely that we interviewed with the same semi- migrants, students, and people seeking missed checkpoints and roadside structured questionnaire but with health care in Bangladesh, and this camps. Furthermore, because many probing questions about household population may not be representative of these checkpoints and camps are searches and other violations. PHR also of the population that is living in not stationary and shift over time, it is interviewed two brokers about patterns northern Rakhine State – for one thing, possible that the total number could of migration and characteristics of respondents were almost exclusively decrease or increase over time. Recall people who were crossing the border. male because nearly all migrant workers bias is also possible, especially for events are male. Most females travelling for that happened further in the past. Informed Consent and health care were accompanied by males, Finally, it is possible that respondents, Ethical Approval who, due to cultural norms, did most fearing reprisal from the government, Researchers obtained informed consent of the talking to PHR researchers; the were reluctant to report their concerns from everyone who was interviewed. PHR researchers were male and it would about abuses in northern Rakhine State. The informed consent process have been culturally inappropriate to ask It is also possible that respondents conformed with PHR’s ethical research Rohingya men to leave the room while exaggerated abuses and other problems standards. PHR’s Ethics Review Board the researchers interviewed women. faced if they felt this would contribute (ERB) approved this research. PHR has Finally, the population surveyed may to stronger advocacy. PHR attempted had an ERB since 1996 to ensure the have had more money, knowledge, or to minimize both of these biases in protection of human subjects in its connections that enabled them to travel several ways. First, surveyors assured research and investigations. PHR’s ERB to the border and cross into Bangladesh. respondents that the survey was regulations are based on Title 45 CRF The data thus represent a collection of anonymous and personal or household Part 46 provisions,7 which are used by individuals’ experiences from northern identifiers were not collected. Second, academic Institutional Review Boards. Rakhine State. during the surveyor training, PHR All of PHR’s research and investigations stressed to surveyors the importance of involving human subjects must be The main focus of this report is on accurately reporting data. approved by the ERB and conducted government abuses against Rohingyas in accordance with the Declaration of in two townships in northern Rakhine Resource limitations precluded an Helsinki as revised in 2000. State, and specific data collected in in-depth assessment of violations this region may not necessarily apply against Rakhine people in northern Mapping Project elsewhere in the state. Government Rakhine State and in other parts of PHR researchers in Bangladesh policies regulating restrictions on the state; PHR’s research was limited corroborated the checkpoint data movement and other rights violations to key informant interviews and desk from the surveys and open-ended directed at Rohingyas vary by review. PHR’s interviews, supported by interviews by interviewing by telephone township; this has been reported previously published studies, indicates key informants based in northern since before 2012. Rohingyas living in that violations against Rakhine people Rakhine State who had knowledge Sittwe, Myebon, Kyauk Taw, are of a different nature than those of checkpoints, bases of security and other townships may report affecting Rohingyas, but that they are forces, health clinics, markets, and different experiences. widespread. More research on land schools. PHR then took the names of confiscations, forced relocation, forced the villages where sources reported labor, and forced portering (conscription checkpoints or other places of interest to serve as porters for the military), as and identified their GPS locations well as violations of economic, social, using GIS data files from the Myanmar and cultural rights of Rakhine people Information Management Unit is needed to create a more complete database, run by the UN. assessment of the human rights situation in Rakhine State.

Physicians for Human Rights phr.org 5 Background Rohingyas are subjected to such systematic denial of rights on discriminatory grounds that it pervades nearly every aspect of daily life.

Rohingya children and elders gather during a meeting with former UN secretary-general Kofi Annan at a displacement camp in Sittwe, Rakhine State. Annan is leading a multi-sector advisory commission on Rakhine State to find a lasting solution to the stateless Rohingya, whom Myanmar has refused to recognize as citizens. Photo: Romeo Gacad/AFP/Getty Images

Rakhine State has seen cycles of human Anti-Muslim violence in 2012 brought nearly every aspect of daily life. The rights violations, poverty, and migration international attention to Myanmar’s totalitarian control that state security over the last two decades. These Rakhine State, where most of the forces have enjoyed for decades in tensions have been fueled by continued Rohingyas live. Two waves of violence northern Rakhine State has resulted clashes over identity and citizenship in and around the state capital, in political disenfranchisement,18 rights.8 A key point of contention is the Sittwe, displaced about 125,000 restrictions on movement,19 land term “Rohingya;” the minority Muslim Rohingya Muslims and 15,000 Rakhine confiscations,20 destruction of population, the Rohingya, claim it is Buddhists13 into internally displaced mosques,21 forced labor,22 extortion,23 within their right to self-identify.9 But person (IDP) camps. International arbitrary arrests,24 sexual violence,25 in 1982, the Burma Citizenship Law10 human rights organizations and media extrajudicial killings,26 discriminatory was passed that omitted Rohingya from organizations documented systematic requirements for licenses to work and a list of “national races.” Subsequent discrimination,14 forced displacement,15 for permission to get married,27 and government propaganda served to and even alleged genocide.16 restrictions on education that forbid turn national public opinion against Rohingyas from attending university.28 the Rohingya by insisting it was a made- But there is more to the human rights These unlawful restrictions on up term to describe illegal immigrants story in Rakhine State. An estimated Rohingyas have enabled widespread from Bangladesh.11 1.1 million Rohingyas17 are living extortion by state security forces, as in villages outside the IDP camps, documented in this report. Rohingyas Following these policy changes to with most of these living in the two are arrested for minor infractions of effectively revoke Rohingyas’ citizenship, northernmost townships in Rakhine arbitrary and discriminatory regulations; the group was increasingly subjected to State, Buthidaung and Maungdaw, the way to avoid imprisonment is human rights violations and common about 50 miles north of Sittwe. to pay a bribe, which again severely violence without recourse to justice.12 These Rohingyas are subjected to impacts the impoverished population’s such systematic denial of rights on household economies. discriminatory grounds that it pervades

6 Where There is Police, There is Persecution Current and past government abuses against Rakhines have driven many of them into poverty and fueled their mistrust of the central government, which has indirectly exacerbated tensions with Rohingyas.

Ongoing human rights violations fighting between the Tatmadaw (NLD), which has engaged in dialogue against Rohingyas have eroded trust in and the insurgent Arakan Army; on Rakhine State but has not yet made government peacebuilding initiatives29 2,000 Rakhine civilians fled the fighting.33 significant policy changes to address and have sent a message to extremist issues there.38 Indeed, human rights groups that anti-Muslim rhetoric and Rakhine civilians have also lost land to abuses have continued in Rakhine action will be tolerated, with impunity military land confiscations. A report State since the transition to the current for most perpetrators. The systematic from 2015 that documented land NLD-controlled government. persecution, combined with dire confiscations in ethnic states found that economic conditions and low food eastern Rakhine State had more cases The military, which controls the security security in Rakhine State, has also been of land confiscation than any other forces implicated in abuses in this report, a driver of flight: researchers estimate ethnic state in Myanmar34 – and these still holds ultimate political authority in that several million Rohingyas are living confiscations are continuing. Myanmar. A clause in the Constitution abroad.30 Rakhine people also suffer permits the military to take control of the effects of rights violations and are Current and past government abuses the government in case of national fleeing the state. An estimated 150,000 against Rakhines have driven many emergencies, and provides a means Rakhines have left to work in the jade of them into poverty and fueled their for the military to impose martial law.39 mines in northern Myanmar;31 countless mistrust of the central government, The Constitution also gives the military others have fled to third countries. which has indirectly exacerbated control of several key government tensions with Rohingyas.35 Physicians ministries, such as border affairs, Government Abuses Against for Human Rights (PHR) has undertaken immigration, and home affairs, including Rakhine People research into the adverse effects that the General Administration Division land grabs elsewhere in Myanmar have (GAD), which also enables ongoing Although the primary focus of this had on food security and livelihoods; we abuses in Rakhine State. Political report is abuses perpetrated against have been able to document negative analysts view the military’s constitutional Rohingya people living in Maungdaw human rights impacts after only a few powers as restricting the governing NLD and Buthidaung, it is extremely months – impacts that actually increase from pushing too hard with democratic important to note that Buddhist over time.36 reforms or addressing present and past Rakhine people have also been victims rights abuses, which might carry some of human rights violations by the Although many peacebuilding and risk of the military taking over again.40 military government. This is important reconciliation processes in Rakhine for understanding the divide-and-rule State focus on Rakhine-Rohingya Even without the ethnic tension, it is policies of the military regimes that have relationships, few address the unlikely that the political parties can exacerbated tensions in the region, severe human rights abuses that the solve the human rights problems in as well as to acknowledge that the government has committed against Rakhine State. The security forces and current government continues to be a these populations and the legacy of local authorities have been responsible driver of the insecurity in Rakhine State, mistrust and violence it has created. for the majority of the human rights rather than a neutral party or a broker As these abuses are contributing violations documented in this report of peace. factors to the unrest in Rakhine State, – including the GAD, township and any proposed solutions must address village administrators, police, Border Like the Rohingya and most other ethnic these abuses. Guard Police, immigration, military, and groups in the country, Rakhine people military intelligence. These groups are were forced to adopt the Burman The way forward for ending rights under the control of the military,41 which language and culture,32 and mounted an violations in Rakhine State, however, operates independently of the civilian armed resistance against these policies. is difficult. Multiple branches of the government, as stipulated in the 2008 In the 1970s and 80s, and again in the government have been involved in Constitution. Thus, while parliament 2010s, Rakhine civilians were subjected simultaneously creating and trying to or the president could encourage state to forced labor, forced displacement, solve the problems in Rakhine State. security forces to stop human rights theft of food and other supplies, and In 2016, the mostly37 democratically- violations, only the military commander arbitrary arrests and extrajudicial killings elected parliament was dominated by can order them to stop. by the Myanmar army. The most recent the long-time opposition political party abuses occurred in early 2016 during the National League for Democracy

Physicians for Human Rights phr.org 7 Findings

Physicians for Human Rights’ (PHR) consistently ranked among the poorest An immigration officer inspects research found that, in northern states in Myanmar. The fines, bribes, Rohingyas’ paperwork and Form 4 Rakhine State, Rohingyas are subjected and fees described in this section further Travel Authorizations at a checkpoint to a wide range of restrictions and reduce incomes that are already severely in northern Rakhine State. penalties which severely impact their limited; a single bribe may easily exceed ability to survive, to access health care, a month’s wages. As discussed in the and to provide for their families. “Impacts of Human Rights Violations” section below, these abuses severely The government abuses described in limit a household’s ability to procure this section are drivers of a cycle of enough food to eat, educate children, poverty. Most abuses involve bribes for and access health care. permission to travel or work, or to avoid penalties or imprisonment. These bribes PHR found evidence of routine and represent significant, if not catastrophic, severe violations of the right to freedom expenses for households in northern of movement and to be free from Rakhine State. To contextualize the data discrimination of any kind. We also presented in the following sections, found evidence of abuse and extortion average monthly household incomes in perpetrated by security forces with northern Rakhine State range between impunity, in violation of the rights to 20,000 and 120,000 Myanmar kyats privacy, security of person, and equal (MMK) ($16 - $98) per month (for protection under the law. details, see “Impacts on Livelihoods” section, below). Rakhine State is

8 Where There is Police, There is Persecution “The intention of the checkpoint is to discriminate against us and humiliate us.” Rohingya man, 37

Arbitrary, Illegal, and Discriminatory The 112 Rohingyas surveyed said they A subset of 28 Rohingyas (all of those Limitations of Movement encountered between one and seven surveyed in April and May 2016) were security posts between their village and asked survey questions specifically Myanmar security forces, under the the Bangladesh border, not counting the about the actions of security forces at control of the ministries of defense immigration post at the border, creating the checkpoints. These people passed and interior, enforce discriminatory a total dataset of 371 person-security through checkpoints 84 times on their and abusive regulations aimed at post experiences; that is, the 112 people way to Bangladesh. In all cases, the restricting the freedom of movement surveyed by PHR had passed through Rohingyas said they were not asked of Rohingyas. Several orders limiting security posts 371 times on their way to about carrying weapons or drugs – in travel between villages and townships, Bangladesh. The 112 people travelled other words, they were not asked as well as requirements for obtaining from 54 different villages in Maungdaw questions that might justify a security permission to spend the night outside and Buthidaung townships, and many check. They also told PHR that only of one’s registered home, were issued of these people passed through the Rohingyas had to show identification over the last several decades by military same security post; of these 371 cases, papers, and that, in some cases, security commanders and supported by military PHR identified 56 unique posts staffed forces appeared to be racially profiling officers serving in parliament and the by Border Guard Police (BGP), Tatmadaw who to stop by “looking at our faces.” executive branch under the previous (Myanmar Armed Forces), Immigration government.42 These orders continue to Department, SaRaPa (the Burmese Several Rohingyas told PHR in interviews be the basis for abuse in 2016. acronym for military intelligence), that when a shared jeep, taxi, or boat and police. stops at a checkpoint, the security forces PHR asked migrants about locations of order all Rohingyas out of the vehicle, checkpoints, bases of security forces, PHR’s research indicates that security usually by saying specifically, “All kalar43 and roadside and riverside camps of forces disproportionately target out of the car.” People from other security forces. In this report we will Rohingyas for stops. Rohingyas surveyed ethnic groups stay in the vehicle and refer to any of these types of locations by PHR said that security forces at watch the process. Rohingyas are then as “security posts.” roadblocks only checked Rohingyas’ lined up and asked to produce their documents; they specifically noted that travel permits, which are stamped after PHR has identified a total of 86 security the forces did not check documents of a fee is paid (see “Severe Restrictions posts in northern Rakhine State, but Rakhines or Hindus, two other ethnic on Movement of Rohingyas,” below). unconfirmed reports from the area groups that are populous in the area. Rohingyas interviewed by PHR said suggest that the number of checkpoints In the PHR interviews, of 371 times they paid from 500 to 5,000 MMK is greater than those documented in this Rohingyas described passing through for the stamp. Searches for weapons, report. On average, this is more than security posts, Rohingyas had to show drugs, or other contraband appeared one post for every 10 villages (see map documents and pay money in 139 cases. arbitrary. One Rohingya told PHR that on page 1). Most Rohingyas in northern Of these 139 cases, there were 115 security forces occasionally asked Rakhine State must pass through cases in which people from other ethnic about or checked for drugs, weapons checkpoints to access clinics, schools, groups were present, but interviewees and contraband, but several others or markets; thus, encountering security said there was not one case in which interviewed by PHR said they had forces and assuming the consequent people from the other groups had to never seen this. The data suggest risks is a regular part of a Rohingya’s life. pay money or show documents. that the security forces were engaging in profiling of Rohingyas as a form of harassment.

Physicians for Human Rights phr.org 9 Findings They (Rohingyas) said the only thing that was certain was that if you are Rohingya, you will be stopped, you will be continued forced to pay a bribe, and you will be subjected to harassment.

Arbitrariness of the Security Posts They said the only thing that was A checkpoint in northern Rakhine State. Not only did PHR find evidence that the certain was that if you are Rohingya, security posts were used primarily to you will be stopped, you will be forced harass and humiliate the Rohingya as to pay a bribe, and you will be subjected opposed to provide security, but security to harassment. forces that camp permanently by the roads set up road blocks at random, The ongoing militarization of opposition without justification, and use these ad groups in Rakhine State, including hoc checkpoints to demand bribes of open conflict with the Arakan Army traveling Rohingya. Interviewees and that intensified in 2015, could certainly key informants said that security forces justify the presence of security forces sometimes set up as many as four or in the area and present a legitimate They can do anything [at the five roadblocks on different paths on objective for checkpoints to ensure checkpoint] – beat us anytime or one day, while on other days they did security for the people living in northern accuse us of anything. So many not set up any. Rakhine State. However, security people are tortured and killed at checkpoints cannot be used to enforce these checkpoints. This happened Of the 86 security posts identified discriminatory laws against a minority, to me two times – they [Border by PHR’s research, only 16 stopped to demand bribes, or to threaten Guard Police] held me upside down Rohingyas and checked documents civilians with arbitrary arrest or and hit me with sticks. It would every time they passed; the others only violence. Data collected by PHR about take days for me to tell you all the did so inconsistently, but still posed a checkpoints in northern Rakhine State incidents I have witnessed.” risk of harassment, humiliation, and the suggests that these checkpoints are Rohingya man, 47 necessity to pay bribes for Rohingyas indeed sites of discriminatory and who passed them. Interviewees abusive practices, and that they do noted that the unpredictability of the not serve to improve security. security checks added to their feeling of humiliation and discrimination, and impacted their livelihoods. Those who were traveling could not gauge how long their trip would take, how many bribes they would have to pay, or how many times they would be stopped.

10 Where There is Police, There is Persecution “If you cannot pay the money, then you will be beaten.” Rohingya man quoting checkpoint personnel, 50

Illegal or Discriminatory Fines movement must be provided by law; be Punishment for Petty Offenses at Checkpoints necessary to protect national security, The Rohingyas PHR interviewed were public order, public health or morals, Many of the Rohingyas PHR interviewed routinely subjected to fines by security or the rights and freedoms of others; reported that security forces routinely forces at checkpoints, often without and be consistent with the other rights accused Rohingyas of various petty reference to infractions or tolls that recognized in the Covenant – such as, crimes without evidence and then fined might justify payment, and certainly for example, the right to freedom from or detained them. Several interviewees without the fines being leveled against discrimination on any grounds. The onus told PHR that arguing against the other ethnic groups. Sometimes the falls on the state to prove that these accusations or verbally defending payment was described as a toll or three conditions for a legal restriction of oneself resulted in physical beating by infraction with some reference to the right to freedom of movement have security forces, or worse. existing regulations, but the amount been fulfilled. demanded was arbitrary. Sometimes it Rohingyas told PHR that common was described as a fine for not having Indeed, the Human Rights Committee, accusations were possessing a the “proper documents” or some which oversees the implementation of Bangladesh SIM card45 – those who other petty violation. Sometimes it the ICCPR, has specifically noted that own them are accused of being appeared to be a blatant bribe or any regulation or law which authorizes connected with insurgent groups46 outright theft – for example, when a restrictions on the right to freedom – being a member of the defunct Rohingya had to pay a security officer of movement “should use precise insurgent group Rohingya Solidarity to avoid being beaten. criteria and may not confer unfettered Organization, and not having the discretion on those charged with their correct travel papers. The Right to Freedom of Movement execution.”44 In northern Rakhine The right to freedom of movement is State, the inconsistent and arbitrary Merely traveling without proper contained in Article 13 of the Universal implementation of security checks documentation is an actual infraction, Declaration of Human Rights and implies either discrimination but it is an administrative infraction in Article 12(1) of the International or randomness, both of which that should not be subject to potential Covenant on Civil and Political Rights would preclude the authorization criminal sanctions such as detention. (ICCPR). The ICCPR clarifies that any of restrictions. Rohingyas reported that, besides restrictions to the right to freedom of making sure they have the correct travel documents, there is little they can do to avoid discrimination, extortion, or even violence at checkpoints. All the Rohingyas PHR spoke with had had a bad experience themselves, had seen beatings at checkpoints, or knew someone who had been beaten or arrested at a checkpoint. Because of this, the Rohingyas we spoke with described great fear and anxiety when passing through security posts.

This Rohingya man, interviewed in Bangladesh, told PHR he was dragged out of a car at a checkpoint by Myanmar officials who interrogated him and ripped his shirt.

Physicians for Human Rights phr.org 11 Findings continued

Proportionality in Sanctions shall be subject only to such limitations Severe Restrictions on Beatings and humiliation at checkpoints as are determined by law solely for the Movement of Rohingyas are counter to international protections purpose of securing due recognition against cruel, inhuman, and degrading and respect for the rights and freedoms In addition to the high presence of treatment, and any allegation of such of others and of meeting the just uniformed government security forces abuse must be promptly investigated requirements of morality, public and security posts in Rakhine State, each by the authorities, with a view to order and the general welfare in a village has an administrator who reports bringing those responsible to justice and democratic society.” to the township General Administration providing full reparations for the victims. Division (GAD), as is the case for all In the context of restrictions on the villages in the country. In addition, international law applies right to freedom of movement, the the principle of proportionality as Human Rights Committee has stated The GAD is the bureaucratic backbone an essential means for safeguarding that “restrictive measures must conform of the government; it regulates taxes, fundamental human rights – including, to the principle of proportionality; they finance, and land administration as specifically, the requirement for must be appropriate to achieve their well as registration of civil society proportionality in sanctions for legal protective function; they must be the organizations and non-governmental infractions. The Universal Declaration of least intrusive instrument amongst those organizations, runs the day-to-day Human Rights provides a rationale for which might achieve the desired result; activities of the township, and serves this in its Article 29(2): “In the exercise and they must be proportionate to the as a link to the central government.48 of his rights and freedoms, everyone interest to be protected.”47 Per the 2008 Myanmar Constitution, the GAD is under the Ministry of Home Affairs, which is effectively controlled by the Myanmar Armed Forces.49 Democracy activists have criticized this arrangement as a serious encroachment of military control into civilian affairs;50 in Rakhine State, it has certainly contributed to the encroachment on Rohingyas’ rights to freedom of movement, nondiscrimination, and equality under the law, as documented below.

The Rohingyas PHR interviewed said that they, but not other ethnic groups, were required to obtain permission from the village administrator in order to leave their village, and those who wanted to leave the township were required to obtain the “Form 4” Travel Authorization from township authorities.

Staff at an immigration office in northern Rakhine State issuing a Form 4 Travel Authorization, which Rohingyas must obtain in order to leave their townships.

12 Where There is Police, There is Persecution Every one of the 112 Rohingyas surveyed by PHR said that they had to pay their village administrator to get permission every time they wanted to leave their village…. [They had to pay] for licenses to register fishing nets, and for permission to cut wood or bamboo to repair their houses…. Rohingyas also have to pay for permission to kill and butcher goats and cows for household consumption.

Every one of the 112 Rohingyas The Form 4 Travel Authorization is that these payments consisted of a surveyed by PHR said that they had to required52 for Rohingyas to travel one-time fee of approximately 45,000 pay their village administrator to get between townships. Rohingyas told PHR MMK to become a member of the permission every time they wanted to that they must obtain this form from the “border trade association,” 1,000 MMK leave their village; this had cost them township immigration office; they are per trip to the border trade association, between 500 and 5,000 MMK, with required to leave their identification card 5,000 MMK to get a pass book from most people reporting the cost around as collateral, give the authorities a list of immigration, 2,000 MMK to the BGP 1,000 MMK. One Rohingya said every family members in their household, and for a serial number to give to the time he asked permission to leave he also pay a fee. Rohingya interviewees immigration office, and 2,000 MMK had to bring a chicken to the village told PHR that they paid between 2,000 to get the border pass book stamped. administrator, and if the administrator and 8,000 MMK for their Form 4, and The pass was good for three days in approved, which sometimes took days, were told their household members Bangladesh; additional days cost more he also had to pay the fee. Several would be required to pay heavy fines if money. If the Rohingya were leaving Rohingyas PHR spoke to said that when the traveler didn’t return. They were also permanently, the cost was 500,000 they were away from their villages told that if the Rohingya was planning MMK or more to have their name taken for long periods of time, especially if to leave the country permanently, then off the register book and to prevent they were earning money somewhere he or she had to pay an additional authorities from harassing family else, they had to pay extra money to 15-20,000 MMK to make sure their members who remained in Myanmar. the village administrator when they name would not be added to a list the returned. If a Rohingya was spending township immigration office kept of Key informants explained that travel to the night in a village other than his or those traveling. Names were checked Sittwe using the Form 4 had not been her own, then he or she had to register off the list when Rohingyas returned regularly permitted for Rohingyas since with the village administrator there; this home; if they never returned and their 2000, except for university students costs 500 to 1,000 MMK. Rohingyas name remained on the list, then their and emergency medical cases, which who did not register with the village family members faced imprisonment required a recommendation letter and administrator were at risk of arrest and and high fines. The Form 4 had to be certified letter from a physician. All high fees if they were caught by BGP in stamped at specific checkpoints on travel to Sittwe was banned in 2012, a nighttime household raid (see below). the road between Maungdaw and after the violence. Travel to Yangon was The requirement for Myanmar people Buthidaung. If the Rohingya returned not permitted, and had to be arranged to register foreigners staying in their to immigration to redeem his or her ID with special permission from high levels homes (in Rakhine State, Rohingyas are card but had no stamps on the Form 4, of government. considered foreigners) is included in the then more fines were imposed. Ward or Village Tract Administration Law.51 This law was repealed in Rohingyas in Myanmar can travel legally September 2016 by the government, to Bangladesh at the border crossing at although at the time of writing this Maungdaw. This is a lengthy process in report it is too soon to know if local which Rohingya travelers are generally authorities will acknowledge the expected to make several payments change or what effects this will have on or bribes that do not apply to other Rohingyas in northern Rakhine State. travelers. Several Rohingyas told PHR

Physicians for Human Rights phr.org 13 Findings “Where there is police, there is persecution.” continued Rohingya man, 35

Permissible Limitations to In its 1999 detailed explanation of the Members of a Rohingya household are Freedom of Movement right to freedom of movement, the photographed for an official household As noted above, international human Human Rights Committee listed grave list. All household members are required rights law allows for some limitations concern with “the manifold legal and to be present when authorities conduct to the right to freedom of movement, bureaucratic barriers unnecessarily household inspections. though they must fulfill strict criteria affecting the full enjoyment of the contained in the standards. The Human rights of the individuals to move freely, Rights Committee has been clear that to leave a country, including their own, any restrictions not only must serve the and to take up residence,” including permissible purposes (including national “provisions requiring individuals to apply security), “they must also be necessary for permission to change their residence to protect [the stated interest … and] or to seek the approval of the local be proportionate to the interest to be authorities of the place of destination, protected.”53 Moreover, the Committee as well as delays in processing such noted, states must ensure that “any written applications.”55 The Committee proceedings relating to the exercise or warned states to ensure that any such restriction of [freedom of movement] provisions were in full compliance with rights are expeditious and that the International Covenant on Civil and [legitimate] reasons for the application Political Rights. of restrictive measures are provided.”54

14 Where There is Police, There is Persecution “BGP [Border Guard Police] surrounds a house, and if your family has five members, then five members must be present. If anyone is missing, you will be fined 50,000 MMK. I am very much afraid of getting raided, I do not dare to stay anywhere else.” Rohingya man, 50

In the context of the restriction on household list checks out, BGP can ask License Fees freedom of movement of Rohingyas for money anyway. Common reasons Rohingyas described having to pay in Rakhine State, the reasons for the are accusations that a household BGP or local government authorities restrictive measures were rarely, if ever, member is an illegal immigrant for licenses to register fishing nets, and provided, and when reasons were from Bangladesh or that a person is for permission to cut wood or bamboo given, they were not compatible with connected to an insurgent group. to repair their houses and to slaughter the narrow definition of allowable animals. These costs seriously impacted restrictions under international PHR surveyed 28 (of the 112) migrants interviewees’ ability to provide for human rights law. Many of the (all of those surveyed in April and May, themselves. Rohingyas told PHR that types of bureaucratic barriers to 2016) specifically about night raids. costs to register fishing nets range from movement raised by the authorities Everyone said their village had been 10,000 MMK per year for a small net to in Rakhine State have been cited raided in the past, and 18 people said 50,000 for a larger net. Fines for getting as particularly problematic by the their village was raided between three caught with an unregistered net range Human Rights Committee. and 30 times in the year before the from 50,000 to 100,000 MMK “to survey (May 2015 - May 2016). Eleven avoid torture in the BGP camp.”61 Some Raids, Arbitrary Fines and Fees, and respondents said their home had never families own more than one fishing net, Other Human Rights Violations by been raided, six said they were raided and the 66 Rohingyas interviewed by Security Forces more than one year prior to the survey, PHR who said their family fished said and 11 said they were raided sometime the costs to register all the nets in their Rohingyas who spoke with PHR said in the year before the survey, including households ranged from 10,000 to that, in addition to restrictions on four who had been raided at least three 200,000 per year. All of these 66 people movement, nighttime household raids, times in that year. Respondents to the interviewed said that only Rohingyas, requirements to pay for licenses to fish, survey commented that raids were even and not other ethnic groups, had to pay repair houses, and collect firewood, more frequent before NaSaKa56 border these fees. and obligatory night guard duty (a immigration forces57 were disbanded form of forced labor) were common in 2013. All of the eleven households Rohingyas also have to pay for and had major impacts on their lives. that had been raided in the past year permission to kill and butcher goats They said that land confiscation was were raided by BGP, and seven had to and cows for household consumption. also widespread, though most of the pay fines or bribes. One respondent Several Rohingyas told PHR that these confiscation had happened in the past. said BGP found nothing out of order fees are not fixed, but others said but forced him to give them a large they ranged from 10,000 to 40,000 Nighttime Raids chicken. The other six households had MMK, depending on the size of the Rohingyas told PHR researchers that to pay between 20,000 and 70,000 animal. These fees are normally paid BGP frequently conduct nighttime MMK, mostly because people who to Rohingya or Rakhine brokers who raids of houses in northern Rakhine were on the household list were absent, obtain the license from the township or State, mostly looking for people who although one had to pay because “my municipal department. are absent from the village without daughter who is married and living permission, or people who are sleeping in another house was not present,”58 Rohingyas also described having in the village without permission. BGP another had to pay because “a small to pay BGP, township, and village use household lists with photographs kitchen knife was found,”59 and a third administrators fees to repair or build for the assessment. Rohingyas said had to pay “for wood I collected to houses. Rohingyas said they had that fines for missing or extra people build my house.”60 paid 100,000 to 500,000 MMK to were around 40,000 to 50,000 MMK. build walls, fix roofs, or start new Rohingyas also said that even if the construction. The government did not charge to build or fix latrines, wells, or boreholes. Four Rohingyas said that both Rohingya and Rakhine people had to pay for these licenses, while 36 Rohingyas said that only Rohingyas had to pay these fees.

Physicians for Human Rights phr.org 15 Findings “Our house needs repairs every year after the rainy season. Township administration takes 100,000 MMK to start any repairs, continued then 300,000 MMK if we want to build a wall, 300,000 if we want to add a metal roof to our house.“ Rohingya man, 55

Rohingyas also said they had to pay Guard Duty Impacts on Livelihoods for permission to cut bamboo or It is difficult to determine average firewood in the forest. They said that Rohingyas described being forced to income in northern Rakhine State, BGP usually charged a percent of the do nighttime guard duty around their but multiple data sources suggest it is bamboo or wood that was cut – for villages and security posts. The village very low. In 2014, Rakhine State had example, five pieces of bamboo or administrator or security forces asked the second-highest rate of poverty one large log per trip. Rohingyas to stay awake all night in Myanmar, with an estimated and patrol the village for thieves or 78 percent of households living Right to Choose One’s insurgents. If they refused to do it they below the poverty line.64 Assuming Place of Residence could be fined or beaten. four adults in each household (in International human rights law northern Rakhine State, the average does not allow random, arbitrary, Impacts of Human Rights Violations household size is 6.2 people65), this or discriminatory restrictions on in Rakhine State means that 78 percent of households the right to freedom of movement, are making less than 125,000 MMK including the right to choose Restrictions on movement, forced labor, per month.66 These calculations are one’s place of residence.62 Even if nighttime raids, land confiscations and based on state-wide data and may restrictions on Rohingyas’ choice of the consequential extortion, taxation, overestimate local average monthly residence or access to underlying and bribes have severe impacts on incomes in the northern part of the determinants of health and survival households. Land confiscations from state. A 2014 report on a discussion in were provided for by law and the predominantly farming population parliament suggests that the average necessary to protect national take away a resource that is crucial income in northern Rakhine State is security or public order – which for generating income and producing closer to 40,000 to 70,000 MMK per the Myanmar government has not food. Extortion can remove a significant month.67 Rohingyas interviewed by demonstrated – nighttime raids proportion of this impoverished PHR said that monthly incomes are in and economically crippling fines population’s income. As a result, this range: they estimated the average could not be considered the least households may not be able to afford household incomes in their villages intrusive instrument to achieve the to buy enough food, send children range from 20,000 to 80,000 MMK desired result. to school, or travel for medical care. per month. In this context, a family The restrictions on movement further that has to pay 500 or 1,000 MMK Where security personnel torment, limit people’s ability to access medical to pass through a checkpoint, and extort, or otherwise abuse the care, as well as to transport crops to especially one that is fined 20,000 to local population, the state must sell in the market. 70,000 for having a visitor stay the take action to promptly investigate night without government permission, alleged crimes, and to bring those is losing a significant proportion of its responsible to justice. Failure to do so income. These government abuses constitutes a violation of the rights likely contribute to a cycle of debt, to privacy, security of person, and “We feel very bad, but what poverty, food insecurity, poor health, protection under the law.63 can we do? We are helpless.” and migration. Rohingya man, 35

16 Where There is Police, There is Persecution Rohingyas in a Bangladesh hospital waiting area. Rohingyas interviewed by PHR said that widespread discrimination in Myanmar government clinics had driven them to seek medical care in Bangladesh.

Physicians for Human Rights phr.org 17 Findings continued

A Rohingya man waits at a checkpoint in Myanmar’s northern Rakhine State with his ID papers and Form 4 Travel Authorization, which Rohingyas are required to obtain in order to leave their townships.

Impacts on Household Economies Impacts on Health A third of the Rohingyas interviewed and Food Security More than half of the Rohingyas by PHR spoke of discrimination About half of the Rohingyas surveyed surveyed said that restrictions on in government health clinics. This said that restrictions on movement movement affected their ability to travel discrimination including getting affected their household’s ability to to a health clinic. The problem most “scolded” and facing other types of buy or sell food or other goods at discussed in follow-up questions was discriminatory treatment from clinical the market. Only six Rohingyas of difficulties in obtaining travel permission staff. Rohingyas also perceived the 112 surveyed said they had to cross from the village administrator in order quality of services at government permanent checkpoints and pay (500 - to go to a clinic or hospital, including clinics to be lower than in private 10,000 MMK) on the way to a market. the Form 4 and permission to stay clinics or at clinics run by international But approximately half of the Rohingyas overnight, if needed. Rohingyas said non-governmental organizations surveyed said they had been stopped there was no expedited process for (NGOs). They said they would only go randomly in the past by security forces medical emergencies, and that if to government hospitals in medical (including military and BGP) on the way they did not wait to get the proper emergencies, including complications to sell crops or produce at the market. permissions they would be harassed, arising during childbirth. Most of these people said they had arrested, and fined at checkpoints. to pay fines ranging from 1,000 to Many Rohingyas said that they had International human rights law protects 100,000 MMK and that these fines often decided not to seek advanced the right to the highest attainable were large compared to the income medical care because of fear of passing standard of health without any type they earned from selling crops at the through checkpoints. of discrimination. The state obligation market. Most Rohingyas told PHR that to the right to the highest attainable these fees made it difficult to “run their standard of health is one of progressive family life,” including paying for food realization, recognizing that some and children’s education. governments may not be in the position to fulfill all elements of the right to health immediately. However, the right to nondiscrimination creates an immediate obligation upon the state.68

18 Where There is Police, There is Persecution Many Rohingyas said that they had often decided not to seek advanced medical care because of fear of passing through checkpoints.

As a result of suffering or hearing about Rohingyas who had come to persistent discrimination in public health Bangladesh for health care said that A Form 4 Travel Authorization. clinics, several Rohingyas surveyed by they did so because there was no These forms severely limit Rohingyas’ PHR said that they preferred to go to advanced or “good” treatment available movements and can cost up to private clinics, traditional healers, or in Myanmar. The specific health 10 percent of a household’s monthly international NGO clinics because they concern mentioned most frequently income in northern Rakhine State. trusted these providers more than was hepatitis C; about a quarter of government clinics, where some services the people who were seeking health are free. For some families, this had a care said they were in Bangladesh for severe impact on family finances, further treatment for hepatitis C.69 compounding barriers to accessing care.

19 Discussion

This research found that, in 2016, both Rohingya and Rakhine people These actions run counter to the These reports also indicate that the are continuing to be subjected to universally recognized rights to military government ordered security human rights violations in Myanmar’s freedom of movement, to choose forces to specifically target Rohingyas, Rakhine State. Rakhine people in the one’s residence, to be free from cruel, which corroborates PHR’s findings. A southeastern parts of the state are inhuman, and degrading treatment, human rights report from 2000 details subjected to land confiscations, forced and to be free from discrimination travel permits required for Rohingyas labor, forced displacement, and other of any kind. They fail to fulfil the to travel, based on a 1940 law,76 and violations, mostly perpetrated by the requirements for permissible limitations a second human rights report from military. In Maungdaw and Buthidaung of these rights. In addition, state 2014 describes government orders townships in the north, Rohingyas failure to investigate crimes allegedly dating from 1997 that describe are subjected to severe restrictions on committed by security personnel, and permissions that Rohingyas must obtain movement, arbitrary taxation, night to bring those responsible to justice, to travel, move to a new house (for raids and household checks, constant constitutes a violation of the human married couples), and travel between threat of arrest, exorbitant fines for rights to privacy, security of person, townships.77 Government orders from violating laws, and outright extortion. and protection under the law. 2008 encourage spot checking of These abuses heavily impact people’s Rohingyas’ documents and encourage ability to survive. Physicians for Human Multiple human rights reports from that action be taken against Rohingyas Rights (PHR) documented that the loss Rakhine State dating from 1992 in violation of travel policies.78 The of land, restrictions on movement, corroborate PHR’s findings. More than government documents further state and financial impact of extortion limit 50 reports document restrictions on that Rohingyas who fail to report people’s ability to provide for their movement,70 confiscation of property,71 their movements to authorities can families and create barriers to accessing arbitrary taxation and fees,72 threat of face criminal charges, including fines, health care. arrest73 or fines for violating laws,74 and imprisonment, or both.79 night raids and household checks.75

A Muslim man sits in a building burned during anti-Muslim violence in Rakhine State in 2013. PHR’s research suggests government violations of human rights contribute to poverty, which is often cited as a driver of conflict in Rakhine State. Photo: Soe Than Win/AFP/Getty Images

20 Where There is Police, There is Persecution Rights Abuses Cause Poor More recently, a needs assessment by ability to move and seek livelihood Health Outcomes the Center for Diversity and National opportunities. In addition, local Harmony concluded that “there is authorities have increased levies and Associations between militarization, a consensus among humanitarian taxes, such as a new tax on firewood human rights violations, access to land, practitioners that ongoing tensions collection and the level of ‘facilitating and poor health outcomes have been have prevented equal and adequate services’ has also increased at all check documented across Myanmar80 and access to basic services and livelihoods points and transport hubs.”89 in Rakhine State.81 PHR showed that opportunities. Moreover, the Muslim exposure to human rights violations residents of Rakhine State face These findings are echoed in surveys increased a family’s risk of food significant restrictions on their freedom elsewhere in Rakhine State. The World insecurity and difficulties in accessing of movement, which further constrains Food Programme (WFP) concluded health care in analysis of data from their access to health, education, and from an analysis of survey data from household surveys done in Chin, Karen, other essential services.”86 villages around Sittwe that “the lack and Shan states and Yangon division.82 of labour caused by conflict-related In Karen State, PHR found that villagers Restrictions on Movement and population movements and restrictions who lived closer to military bases had Extortion Impact the Economy and on mobility has limited productivity higher risks of human rights abuses, Drive Poverty and income opportunities,”90 and the food insecurity, and inability to access Food and Agriculture Organization health care.83 PHR’s research suggests that restrictions (FAO) concluded from a similar survey on movement impact Rohingyas’ ability that “restrictions to access markets PHR’s research in northern Rakhine to access markets, and thus depress resulted in reduced production and a State suggests that human rights household economies. Research by reversion to subsistence production violations, poverty, low access to land, other groups draw similar conclusions. patterns.”91 In surveys in the Sittwe food insecurity, malnutrition, sickness, A market survey from Maungdaw and internally displaced person (IDP) camps and low access to health care form Buthidaung in 2013 corroborates these and surrounding areas, the UN Office a vicious cycle that drives people to findings, concluding that “increased for the Coordination of Humanitarian flee the region. Reports from other restrictions on movement for Muslim Affairs concluded that “poor food organizations confirm these findings. populations and a continuing climate security is largely linked to restrictions of In 2011, a report by the UN High of fear between Rakhine Buddhist and movement. These continued restrictions Commissioner for Refugees concluded Muslim villagers seriously disrupts the on IDPs and surrounding communities that “these [abuses] continued to exert ability of local populations to secure are preventing them from resuming severe negative consequences on food, cultivate crops, render services livelihood activities in Sittwe Town or their livelihoods, access to education and assure themselves of a subsistence from accessing markets. This has a direct including higher education, access to income.”87 The report cites survey data negative impact on their food security health care, their health status and indicating a 20 to 50 percent decrease status, which will continue to deteriorate overall quality of life.”84 The Convention in household income in Buthidaung unless this matter is solved.”92 Although on the Elimination of all Forms of township between 2012 and 2013, these reports are from eastern and Discrimination Against Women stated likely due to increased restrictions on not northern Rakhine State, the same in 2007, “The Committee expresses its movement and impact on trade.88 It population, same government, and deep concern at reports that Muslim states that “facilitating services,” or similar restrictions are present in women and girls in Northern Rakhine fees required to travel or pass through northern Rakhine State, food insecurity State endure multiple restrictions and checkpoints, had depressed markets: and malnutrition are widespread in forms of discrimination which have “Not only have income levels gone the northern part of the state, and the an impact on all aspects of their lives, down significantly, expenditures on abuses cited above as likely to be driving including severe restrictions on their all essential items have been reduced, food insecurity are also widespread. freedom of movement; restricted access groups have less access to credit and to medical care, food and adequate loans, employment opportunities have These reports support PHR’s findings housing; forced labour; and restriction become more scarce as debts have that restrictions on movement, as on marriages and pregnancies.”85 increased and disposable incomes well as arbitrary fees and extortion, have dried up and the overall security are driving people into poverty and situation and imposition of travel food insecurity. restrictions for Muslims limits people’s

Physicians for Human Rights phr.org 21 Discussion continued

Food Insecurity Impacts Health

Household food insecurity, driven in part by the kind of human rights violations described above, increases the risk of child malnutrition, which impacts child health. WFP noted that child malnutrition became worse in northern Rakhine State in 2013, “to levels far exceeding emergency thresholds;”102 this deterioration occurred after increased restrictions on movement and trade in Buthidaung that began in 2012, and the resulting impact on household incomes.103 Malnutrition is an underlying An immigration office in northern Rakhine State. Rohingyas interviewed for this cause of more than half of child report told PHR that fear of checkpoints and the process of obtaining permission to deaths, as malnourished children have travel from immigration authorities created major obstacles to accessing health care. weakened immune systems and are more susceptible to disease;104 children who have severe acute malnutrition, Land Confiscations Drive The FAO defines food security as as defined by the World Health Food Insecurity the conditions “when all people, at Organization (WHO), are 10 times all times, have physical, social and more likely to die than children who Compounding the impact of restrictions economic access to sufficient, safe and are properly nourished.105 on movement are low rates of nutritious food … for an active and land ownership, in part a result of healthy life.”96 In northern Rakhine A 2013 survey in northern Rakhine State widespread land confiscations by the State, WFP reported in 2011 that about found that, in the two weeks preceding government.93 Research done by PHR 40 percent of households had access the survey, 70.7 percent of children were and other human rights organizations to land, but half of these did not own sick with diarrhea, acute respiratory documented past and ongoing enough land to grow all of their own infection, fever, or other ailments.106 confiscations of land from Rohingya food. The report concluded that access The same survey estimated the and Rakhine people; several other to land was protective against food prevalence of severe child malnutrition assessments have shown that land insecurity.97 Households in northern at three percent in Maungdaw and ownership is important for preventing Rakhine State have low food security, 3.7 percent in Buthidaung, and global poverty. The United Nations Population meaning that most of the time they do acute malnutrition at 20 percent Fund reported in June 2011 that, in not have enough food to eat. A 2012 in Maungdaw and 21.4 percent in Myanmar, the size of a family’s farm report suggested that 61 percent of Buthidaung;107 it also estimated that 47.6 was inversely correlated with poverty, households in northern Rakhine State percent of children in Maungdaw and and that landlessness was correlated were “highly food insecure,”98 and 58.6 percent of children in Buthidaung with poverty.94 People in Myanmar a second survey suggested that only were stunted,108 suggesting that children who are not farmers but have access 25.3 percent of households indicated were malnourished for long periods to land frequently supplement their being food secure all year round.99 The of time. This can result in poor school income and nutrition by gardening. As WFP report also noted that households performance and increased risks of a key component in food and income that had family abroad, and sending hypertension, diabetes, and obesity.109 production, access to land is closely remittances, had better food security linked to livelihoods and food security.95 than those that did not,100 suggesting Child malnutrition rates in northern that food insecurity may be a driver of Rakhine State have remained at high migration. The same report stated that levels for at least a decade.110 A 2012 households that were in debt were report citing five years of nutrition more likely to report food insecurity.101 survey data in northern Rakhine State

22 Where There is Police, There is Persecution states that “Global and Moderate Rights Abuses by the the success of projects.122 International Acute Malnutrition rates overtime Government are a Driver donors, especially governments, which seem to resist all efforts made to of Conflict in Rakhine State are funding programs in Rakhine appease them, revealing a structural State should pressure the Myanmar situation of undernourishment with an The data above demonstrate that government to stop these abuses invariable size of vulnerable children human rights violations – such as in order to increase the chances of recurrently getting within and without forced labor, restrictions on movement, success of their programs. More acute malnutrition episodes.”111 PHR’s the unlawful seizure of land, and importantly, the government should research suggests that human rights extortion – can and do affect families’ not be committing these violations, abuses are one of the drivers of this ability to provide for themselves, access and development organizations and chronic emergency. health care, educate their children corporations risk being complicit if they and avoid poverty. Poverty is the lack do not acknowledge abuses. Restrictions on Movement of basic human, economic, political, Affect Families’ Ability to sociocultural, and protective capabilities The past and ongoing abuses send Access Health Care that are required for living a life with signals that the new government is dignity.116 WHO cites poverty as a not supporting Rakhine or Rohingya In addition to affecting food security, cause of low vaccination rates, poor people; this drives despair and continues rights abuses also limit people’s ability water and sanitation, lack of access to to foster a sense of insecurity that to access health care in northern medicines, and maternal mortality.117 promotes nationalism.123 For Rohingyas, Rakhine State. PHR documented that Poverty limits a family’s capacity to pay long-term disenfranchisement and fear of checkpoints and the process for transportation to a medical clinic government abuses have shaken of obtaining permission to travel are and for the provision of services and trust in the government124 – trust barriers to health care for Rohingyas medicine, and it can lead to reduced life that is required in order for them to in northern Rakhine State. Other expectancy, disability, and starvation.118 participate in peacebuilding activities surveys confirm PHR’s conclusions: a The cycle of rights violations driving and citizenship verification processes, nutrition survey from Maungdaw in low incomes and food insecurity and go to clinics and schools, and in 2014 found that “fear for checkpoints limiting education has repeated itself general participate in Myanmar society. or fear to get out of the hamlet was in northern Rakhine State for decades. Rohingyas had high hopes that the main issue highly reported by PHR’s research, combined with data things would change rapidly with the caretakers of beneficiaries. These from other studies presented here, election of the National League for fears prevent many beneficiaries from suggests that the actions of government Democracy, but, as more time passes, going to the OTP (outpatient treatment security forces, by impacting household these hopes will fade and mistrust will program) [to seek health care].”112 The incomes and restricting people’s ability continue.125 For Rakhine people, the same survey found that “distance to to access work, land, education, and abuses drove their sense of desperation travel and security problems, mainly health care, contribute to poverty in at being confronted by government meaning fear for checkpoints, remain Rakhine State. persecution as well as demographic as major barriers to [health care] threats from Rohingyas; their state of access in Maungdaw Township.”113 Poverty is often cited by conflict impoverishment only increased the The limited ability to access health assessment reports as a driver of the sense of desperation.126 The government care exacerbates the poor health conflict in Rakhine State,119 though it is abuses that for decades facilitated caused by underlying malnutrition, low as much a symptom of more underlying divide-and-rule policies must be vaccination coverage,114 and low access causes of insecurity and rights stopped before sustainable peace can to public health services115 in northern abuses by the government and state be reached. Rakhine State. security forces.120 Poverty alleviation and development interventions, which are widely recommended for Rakhine State,121 must recognize that government actions are contributing to poverty, and should include indicators to document rights abuses as barriers to

Physicians for Human Rights phr.org 23 Conclusion and Recommendations

Human rights violations are pervasive To the government of Myanmar: • Move to rescind or review across Myanmar’s Rakhine State. • Reverse local orders enabling abuses discriminatory local orders which These violations, including severe in northern Rakhine State. perpetuate human rights violations. limits on freedom of movement, • Denounce advocacy of national, • Remove ethnicity and religion impact people’s ability to survive racial, or religious hatred that documentation from national in northern Rakhine State. Existing constitutes incitement to identification cards. This would help initiatives on reconciliation and discrimination, hostility, or violence to circumvent the Rohingya identity peacebuilding – largely funded by (“hate speech”), and investigate issue that continues to block progress external governments and institutions crimes based on such advocacy (“hate toward citizenship verification. – do not adequately acknowledge crimes”) thoroughly. • Revise or repeal the 1982 Citizenship the role of the Myanmar government • Allow more humanitarian aid groups Law to ensure that it cannot be used in perpetrating these violations and to access northern Rakhine State, and to discriminate or to enable rights its responsibility for the devastating lift travel authorization requirements abuses. Modify or remove all national human rights impact of such actions. for foreigners. legislation, including the recent race • Continue to engage Rakhine and and religion laws, and sections of Physicians for Human Rights makes Rohingya groups in dialogue on how the Constitution that do not follow the following recommendations best to resolve statelessness issues. international human rights standards. to address the dire human rights • Acknowledge and condemn all past • Support independent investigations situation in Rakhine State: and ongoing abuses in Rakhine State into rights violations in Rakhine State. as a step toward reconciliation and transitional justice.

A Rohingya Muslim elder speaks while a policeman takes notes during a September 2016 meeting with former UN secretary-general Kofi Annan at an IDP camp in Sittwe, Rakhine State. Annan is leading a multi-sector advisory commission on Rakhine State to find a lasting solution for the stateless Rohingya people. Photo: Romeo Gacad/AFP/Getty Images

24 Where There is Police, There is Persecution To the military defense services To international development To the Advisory Commission on of Myanmar: organizations and corporations: Rakhine State led by former UN • Instruct military forces to immediately: • Reconciliation efforts led by outside secretary-general Kofi Annan: – Follow international guidelines on organizations must include efforts • Examine the impacts of past and security checkpoints. to acknowledge government abuses ongoing government human rights – Cease nighttime raids. in Rakhine State and to obtain abuses on the economy, food – Lift travel restrictions on Rohingyas. assurances from the government that security, health, and education – Lift the permit system for these abuses will stop. as one of the drivers of unrest in fishing, fixing houses, and • Humanitarian and development northern Rakhine State. slaughtering livestock. programs must include human • Include a complete assessment – Cease land confiscations and rights monitoring mechanisms, of government abuses against the use of forced porters in all of including integrating indicators for Rohingya, Rakhine, and other Rakhine State. human rights violations into their groups in Rakhine State as part of • Initiate human rights trainings performance measurement matrices the Advisory Commission’s research. for security forces stationed in in order to identify barriers to the • Document government-imposed Rakhine State. success of projects. limitations on research, especially • Disallow discriminatory stops at • Monitor human rights indicators as those that include limits on access checkpoints, including racial key to the successful implementation to locations and people in northern profiling or basing stops on religion of development projects, and obtain Rakhine State. or ethnicity information on national assurances from the government that identification cards. human rights abuses will stop before • Maintain checkpoints for security further investment can go forward. purposes only. • Investigate and sanction military To the diplomatic community: commanders who are profiting from • The diplomatic corps must visit ongoing violations, including Border Maungdaw and other places in Guard Police, police, immigration, and Rakhine State outside of IDP camps military personnel. in order to better understand the human rights situation there. • Support increasing numbers of international non-governmental organizations (NGOs) to work in Rakhine State, especially in the north. • Raise the issue of abuses in northern Rakhine State during meetings with government and military officials.

Physicians for Human Rights phr.org 25 Rohingyas interviewed by PHR said that widespread discrimination in Myanmar government clinics had driven them to seek medical care in Bangladesh, at hospitals like this one.

26 Where There is Police, There is Persecution Endnotes

1. William W. Davis, Luke C. Mullany, Matt Schissler, tion-cards.html; Philip Heijmans, “Myanmar’s Con- http://statecrime.org/data/2015/10/ISCI-Rohingya-Re- Saw Albert, Chris Beyrer, “Militarization, Human troversial Census,” The Diplomate, September 2014, port-PUBLISHED-VERSION.pdf; Allard K. Lowenstein Rights Violations and Community Responses as http://thediplomat.com/2014/09/myanmars-con- International Human Rights Clinic, Yale Law School, Determinants of Health in Karen State, Myanmar: troversial-census/; BBC News, “Burma Census Bans “Persecution of the Rohingya Muslims: Is Genocide Results of a Multistage Cluster Survey,” Conflict and People Registering as Rohingya,” March 2014, http:// Occurring in Myanmar’s Rakhine?” October 2015, Health 9, no. 32 (2015). www.bbc.com/news/world-asia-26807239; Republic http://www.fortifyrights.org/downloads/Yale_Persecu- 2. J. Roos, Conflict Research in Rakhine State, Danish of the Union of Myanmar, Final Report of Inquiry tion_of_the_Rohingya_October_2015.pdf. Refugee Council, Yangon, Myanmar, 2013, pp. 5, 10; Commission on Sectarian Violence in Rakhine State, 17. See Myanmar Census Main report: “In parts of International Crisis Group, Myanmar: The Politics of section 10.2, July 2013, http://www.burmalibrary.org/ Rakhine State, members of some communities were Rakhine State, 2014, pp. 3, 14, https://d2071andvi- docs15/Rakhine_Commission_Report-en-red.pdf. not counted because they were not allowed to p0wj.cloudfront.net/myanmar-the-politics-of-rakh- 10. UNHCR, refworld, Burma’s Citizenship Law, Oct 1982, self-identify using a name that is not recognised by ine-state.pdf. http://www.refworld.org/docid/3ae6b4f71b.html. the Government,” p. 8; and “It was estimated that a 3. 88 Generation, Land and Tears in Ethnic Regions, 11. IRIN News, “Myanmar’s “Rohingya” - what’s population of 1,090,000 was likely not to have been November 2015. in a name?” September 15, 2014, http://www. counted during the enumeration,” p. 9. 4. Asean Parliamentarians for Human Rights, Disenfran- irinnews.org/report/100609/briefing-myan- 18. Asean Parliamentarians for Human Rights, Disenfran- chisement and Desperation in Myanmar’s Rakhine mar%E2%80%99s-%E2%80%9Crohingya%E2%8 chisement and Desperation. State – Drivers of a Regional Crisis, October 2015, 0%9D-what%E2%80%99s-name; The Irrawaddy, 19. Chris Lewa, “North Arakan: an open prison for the http://www.burmalibrary.org/docs21/2015-10-DIS- “History Behind Arakan State Conflict,” July 9, 2012, Rohingya in Burma,” Forced Migration Review, http:// ENFRANCHISEMENT_AND%20_DESPERATION_IN_ http://www.irrawaddy.com/interview/history-be- www.fmreview.org/sites/fmr/files/FMRdownloads/en/ MYANMAR-RAKHINE_STATE-en-red.pdf; UNHCR, hind-arakan-state-conflict.html. FMRpdfs/FMR32/11-13.pdf. “Southeast Asia Mixed Maritime Movements,” April- 12. Although most Rohingya would qualify for 20. Amnesty International, Myanmar, The Rohingya June 2015, http://www.unhcr.org/53f1c5fc9.pdf. naturalized citizenship under this law, this fact has Minority: Fundamental Rights Denied, May 19, 2004, 5. According to the Myanmar Information Manage- not protected them from widespread human rights https://doc.es.amnesty.org/cgi-bin/ai/BRSCGI/MYAN- ment Unit, only about 20 national and international abuses or recourse. See J. Roos, Conflict Research MAR%20THE%20ROHINGYA%20MINORITY:%20 groups are working in Maungdaw and Buthidaung, in Rakhine State, p. 10; International Crisis Group, FUNDAMENTAL%20RIGHTS%20DENIED?CMD=VER- compared with 37 in Sittwe and hundreds nationally, Myanmar: The Politics of Rakhine State. OBJ&MLKOB=25897364242; Human Rights Watch, despite northern Rakhine having some of the worse 13. Human Rights Watch, All you Can Do is Pray: Crimes Burma, The Rohingya Muslims, Ending A Cycle of poverty, nutrition, and health indicators in the coun- Against Humanity and Ethnic Cleansing of Rohingya Exodus? September 1996, pp. 29, 31, https://www. try. See http://www.themimu.info/3w-dashboard. Muslims in Burma’s Arakan’s State, 2013, p. 6, hrw.org/reports/pdfs/b/burma/burma969.pdf; Irish 6. It is difficult to estimate the rate of migrants crossing https://www.hrw.org/report/2013/04/22/all-you-can- Center for Human Rights, Crimes against Humanity the border. Brokers who facilitate this are reluctant to do-pray/crimes-against-humanity-and-ethnic-cleans- in Western Burma: The Situation of the Rohingyas, talk, and migrant and refugee flows vary seasonally ing-rohingya-muslims; European Commission of 2010, p. 86, http://burmacampaign.org.uk/images/ and in response to events in Myanmar and Bangla- Human Rights: Humanitarian Aid and Civil Protection, uploads/ICHR_Rohingya_Report_2010.pdf. desh. For example, early in the study, the Border The Rohingya Crisis, May 2016, http://ec.europa.eu/ 21. Chris Lewa, “Northern Arakan/Rakhine State: a Guard Police was conducting a household-listing echo/files/aid/countries/factsheets/rohingya_en.pdf. Chronic Emergency,” March 29, 2006, p. 1, http:// exercise in which they updated photographs and 14. Emanuel Stoakes, “Myanmar’s Rohingya Apartheid,” www.ibiblio.org/obl/docs4/Chronic_Emergency.pdf; recorded the names of Rohingya living in each house- The Diplomate, October 14, 2014, http://thediplomat. International Federation of Human Rights Leagues, hold. This exercise virtually halted the movement com/2014/10/myanmars-rohingya-apartheid/; Aubrey “Burma repression, discrimination and ethnic cleans- of migrants across the border, as Rohingya wanted Belford, “As Myanmar’s Rakhine Buddhists Gain ing in Arakan,” April 2000, pp. 1-26, https://www. to be registered as living in their homes and were Strength, so Does Anti-Muslim Apartheid,” Reuters, fidh.org/IMG/pdf/arakbirm.pdf; Human Rights Watch, waiting in their villages for the process to finish. Near June 18, 2014, http://www.reuters.com/article/ Burma: Rape, Forced Labor and Religious Persecution the end of the survey, fighting between the Rakhine us-myanmar-rohingya-idUSKBN0ET2UR20140618; in Northern Arakan, p. 16, May 7, 1992, https:// Buddhist Arakan Army6 and the Myanmar army Emre Tunç Sakaoğlu, “Myanmar’s New ‘Normal’: www.hrw.org/reports/pdfs/b/burma/burma925.pdf; flared, and migrations decreased as border security Democracy or Apartheid?” Foreign Policy News, April Human Rights Watch, All You Can Do Is Pray, p. 24. was tightened. Seasonally, flows increase during rice 21, 2016, http://foreignpolicynews.org/2016/04/21/ 22. Human Rights Watch, Burma: Rape, Forced and vegetable harvesting seasons when workers are myanmars-new-normal-democracy-apartheid/; Labor and Religious Persecution, p. 12; Human needed in Bangladesh. 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Murray Hiebert, Phuong Nguyen, “Aung San Suu Call-to-Action.pdf; Tom Andrews, Daniel Sullivan, Irish Center for Human Rights, The Situation of the Kyi Sets Out to Find “Practical Solutions” in Rakhine “Marching to Genocide in Burma,” United To End Rohingyas. State, and the World Should Help,” Center for Stra- Genocide, March 24, 2014, http://endgenocide. 23. UNOCHA, Rakhine Response Plan (Myanmar) July tegic and International Studies, June 2016, https:// org/marching-genocide-burma-2/; United States 2012 – June 2013, Relief Web, November 16, 2012, www.csis.org/analysis/aung-san-suu-kyi-sets-out-find- Holocaust Memorial Museum, “They Want Us http://reliefweb.int/report/myanmar/rakhine-response- %E2%80%9Cpractical-solutions%E2%80%9D-rakh- All Go Away: Early Warning Signs of Genocide in plan-myanmar-july-2012-%E2%80%93-june-2013. ine-state-and-world-should-help; International Crisis Burma,” accessed September 7, 2016,https://www. 24. The Arakan Project, Arbitrary Arrests and Beatings Group, Myanmar: The Politics of Rakhine State, pp. 3, ushmm.org/m/pdfs/20150505-Burma-Report.pdf; in North Rakhine State from 25 September to 31 14; The Irrawaddy,“Rohingya Reject New Citizenship Penny Green, Thomas MacManus, Alicia de la Cour December 2014, 2015. Verification Card,” June 2016, http://www.irrawaddy. Venning, “Countdown to Annihilation: Genocide In com/burma/rohingya-reject-new-citizenship-verifica- Myanmar,” International State Crime Initiative, 2015,

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25. Human Rights Watch, Burma: Rape, Forced Labor to-lead-stability-and-development-committee-for- 50. Phyo Thiha Cho, “Myanmar’s all-powerful ‘GAD’ a and Religious; Irish Center for Human Rights, The myanmars-rakhine-state-05312016163157.html; challenge to new government,” Mizzima, February Situation of the Rohingyas, pp. 62, 102; Alternative Nyan Lynn Aung, “’The first point is stability’: U Nyi 1, 2016, http://mizzima.com/latest-news-poli- Asean Network on Burma, Burma Bulletin, “A month- Pu, NLD chair in Rakhine State,” Myanmar Times, tics-news-features/myanmar%E2%80%99s-all- in-review of events in Burma,” February 2016, http:// February 8, 2016, http://www.mmtimes.com/index. powerful-%E2%80%98gad%E2%80%99-chal- www.altsean.org/Docs/PDF%20Format/Burma%20 php/national-news/18860-the-myanmar-times-nyan- lenge-new-government; Myanmar Now, “All levels Bulletin/February%202016%20Burma%20Bulletin. lynn-aung-interviews-u-nyi-pu-national-league-for- of government administration are under authority pdf. democracy-s-chair-for-rakhine-state-and-a-pyithu- of the military chief,” January, 2, 2016, http://www. 26. Human Rights Watch, Rape, Forced Labor and hluttaw-representative-from-gwa-township-constit- myanmar-now.org/news/i/?id=a79df810-6294-4c7e- Religious Persecution, p. 21; The Arakan Project, Ar- uency-2-also-rumoured-to-be-in-line-for-the-state- b12e-5dbed993505e. bitrary Arrests and Beatings; Amnesty International, chief-minister-s-post.html. 51. Fortify Rights, Midnight Intrusions: Ending Guest Human rights violations against Muslims, pp. 13, 20, 39. C. S. Kuppuswamy, “MYANMAR: 2008 Constitu- Registration and Household Inspections in Myanmar, 22; Irish Center for Human Rights, The Situation of tion – The Cynosure of Current Political Debate,” March 2015, p. 10, http://www.fortifyrights.org/ the Rohingyas, p. 123. South Asia Analysis Group, January 10, 2014. http:// downloads/FR_Midnight_Intrusions_March_2015. 27. Amnesty International, Fundamental Rights Denied; www.southasiaanalysis.org/node/1439; Vikram pdf. Fortify Rights, Policies of Persecution – Ending Nehru, “Myanmar’s Military Keeps Firm Grip on 52. Andrew T.H. Tan, A Handbook of Terrorism and Abusive State Policies Against Rohingya Muslims Democratic Transition,” Carnegie Endowment for Insurgency in Southeast Asia, 2007, page 332. in Myanmar, p. 31, February 2014, http://www. International Peace, June 2, 2015, http://carne- 53. Human Rights Committee, “General comment No fortifyrights.org/downloads/Policies_of_Persecu- gieendowment.org/2015/06/02/myanmar-s-mili- 27,” para. 14. tion_Feb_25_Fortify_Rights.pdf. tary-keeps-firm-grip-on-democratic-transition/i9pl. 54. Ibid, para. 15. 28. Minority Rights Group International, World Directory 40. David Scott Mathieson, “Myanmar: Fahrenheit 436,” 55. Ibid, para. 17. of Minorities and Indigenous Peoples - Myanmar/ The Diplomat, January 05, 2016.http://thediplomat. 56. NaSaKa is a Burmese acronym for border immigration Burma: Muslims and Rohingya, 2008, accessed com/2016/01/myanmar-fahrenheit-436/; Phil Rob- forces. These forces were based along the Bangla- September 8, 2016, http://www.refworld.org/ ertson, “Can Aung San Suu Kyi control Myanmar’s desh border and often accused of human rights docid/49749cdcc.html. military?” CNN, November 12, 2015, http://edition. abuses against Rohingya. NaSaKa was disbanded 29. Asean Parliamentarians for Human Rights, Disenfran- cnn.com/2015/11/12/opinions/myanmar-aung-san- after international pressure in 2013. See International chisement and Desperation. suu-kyi-military/; Beina Xu, Eleanor Albert, “Under- Crisis Group, “Myanmar’s ‘Nasaka’: Disbanding 30. PHR key informant interviews. standing Myanmar,” Council on Foreign Relations, an Abusive Agency,” July 16, 2013, http://blog. 31. “JADE: Myanmar’s ‘Big State Secret,’” Global Witness, March 25, 2016, http://www.cfr.org/human-rights/ crisisgroup.org/asia/2013/07/16/myanmars-nasa- p. 80, https://www.globalwitness.org/en-gb/cam- understanding-myanmar/p14385; Ashley South, ka-disbanding-an-abusive-agency/. paigns/oil-gas-and-mining/myanmarjade/. Prospects for Peace in Myanmar: Opportunities and 57. Ibid; Hanna Hindstrom, “Rohingyas Continue to be 32. Martin Smith, Ethnic Groups in Burma: Develop- Threats, Peace Research Institute Oslo, October 2012, Persecuted Despite Nasaka Disbandment,” Democrat- ment, Democracy and Human Rights, Anti-Slavery p. 19, http://www.ashleysouth.co.uk/files/South-Pros- ic Voice of Burma, August 24, 2013, http://www.dvb. International, 1994, http://www.ibiblio.org/obl/ pects-for-Peace-in-Myanmar-PRIO-Paper-2012.pdf. no/news/rohingyas-continue-to-be-persecuted-de- docs3/Ethnic_Groups_in_Burma-ocr.pdf; For multiple 41. In August 2016, during publication of this report, spite-nasaka-disbandment/31830. reports, see ND Burma archive http://nd-burma.org/ Radio Free Asia Burmese reported that the military 58. Survey # 96 with Rohingya man, April 2016. sec/reports/. announced it was transferring control of police, 59. Survey # 109 with Rohingya man, May 2016. 33. Key informant interview with CBO leader, Sittwe, May General Administrative Division, and special branch 60. Survey # 103 with Rohingya man, May 2016. 12, 2016. police to state governments. It is not clear if this will 61. Key informant interview with Rohingya man, Bangla- 34. 88 Generation, Land and Tears in Ethnic Regions, actually happen, or if the transfer will improve rule desh, April 2016. November 2015. of law, especially in Rakhine where the state govern- 62. The International Covenant on Civil and Political 35. International Crisis Group, Myanmar: The Politics of ment is controlled by Rakhine nationalists. Rights, Article 12(1), explicitly protects the right to Rakhine State, pp. 7-9, 14-17. 42. Fortify Rights, Policies of Persecution, pp. 39-40. choose residence. 36. Physicians for Human Rights, Forced Displacements 43. Derogatory term for Rohingya, though it also has 63. Universal Declaration of Human Rights, Articles 3 and Destroyed Lives around Upper Paunglaung Dam other meanings in the Burmese language. and 7; International Covenant on Civil and Political in Shan State, Myanmar, October 2015, https:// 44. Human Rights Committee, “General comment No Rights, Articles 9 and 17. s3.amazonaws.com/PHR_Reports/burma-shan- 27 on freedom of movement (Article 12), U.N. Doc 64. BurmaNet News, “More must be done to tackle pov- state-english-report-oct2015.pdf; Physicians for Hu- CCPR/C/21/Rev.1/Add.9,” 1999, para. 13. erty in Rakhine, state hluttaw told,” September 10, man Rights, A Foreseeable Disaster in Burma: Forced 45. Bangladesh SIM cards have been regularly used by 2014, http://www.burmanet.org/news/2014/09/10/ Displacement in the Thilawa Special Economic Zone, Rohingya and Rakhine people along the border for mizzima-news-more-must-be-done-to-tackle-poverty- November 2014, https://s3.amazonaws.com/PHR_Re- years because there was little mobile phone coverage in-rakhine-state-hluttaw-told/. ports/Burma-Thilawa-English-Report-Nov2014.pdf. in NRS and, in areas where there was coverage, 65. UN Development Programme, Integrated Household 37. The 2015 election was cited by most observers as until 2010 when the telecommunications market Living Conditions Survey in Myanmar (2009-2010): free and fair (though Rohingya were not permitted to expanded and coverage increased, SIM cards cost up Poverty Profile, June 2011, http://www.mm.undp. vote), although 25 percent of the seats in Parliament to $2000 USD. org/content/dam/myanmar/docs/FA1MMRPovertyPro- are reserved for military officers, who are not elected 46. The Arakan Project, Arbitrary Arrests and Beatings; file_Eng.pdf. by the people. Arakan Project, Key Issues Concerning the Situation 66. The Myanmar poverty line is 376,151 MMK per adult 38. Moe Myint, “ANP in Tense Standoff With NLD Over of stateless Rohingya Women and Girls in Rakhine per year; see The World Bank, World Development State Governance,” The Irrawaddy, January 20, State, Myanmar, June 2016,http://www.burmalibrary. Indicators: Poverty, Myanmar. 2016;http://www.irrawaddy.com/burma/anp-in-tense- org/docs22/Arakan_Project-2016-06-CEDAW_Sub- 67. BurmaNet News, “More must be done.” standoff-with-nld-over-state-governance.html; Moe mission-Myanmar.pdf. 68. Committee on Economic Social and Cultural Myint, “ANP and NLD Remain in Tussle Over Chief 47. Human Rights Committee, “General comment No Rights, “General Comment No. 14: the right to the Minister Position,” The Irrawaddy, March 17, 2016; 27,” para. 14. highest attainable standard of health,” U.N. Doc. http://www.irrawaddy.com/burma/anp-and-nld- 48. Kyi Pyar Chit Saw, Mathew Arnold, Administering E/C.12/2000/4, August 11, 2000, para. 18. remain-in-tussle-over-chief-minister-position.html; the State in Myanmar: An Overview of the General 69. Note that, because of the sampling method used, Roseanne Gerin, “Aung San Suu Kyi to Lead Stability Administration Department, October 2014, p. 16, this data cannot be generalized to suggest that there and Development Committee For Myanmar’s Rakhine https://asiafoundation.org/resources/pdfs/GADEn- is a 25 percent prevalence of Hepatitis C in Rakhine. State,” Radio Free Asia, May 31, 2016, http://www. glish.pdf. Anecdotal evidence suggests that high HCV risk rfa.org/english/news/myanmar/aung-san-suu-kyi- 49. Ibid, p. 12 might be attributed to iatrogenic causes, for example,

28 Where There is Police, There is Persecution re-use of needles for the widespread practice (driven p. 27. http://www.cdnh.org/publication/rakh- 105. UNICEF, Improving Child Nutrition: The achievable impera- by patient preference) for injected medications in pri- ine-state-needs-assessment/. tive for global progress, April 2013, http://www.unicef.org/ vate “clinics,” pharmacies, or medicine shops, which 87. Steven Lanjouw, U Khin Maung, Report on Potato gambia/Improving_Child_Nutrition_-_the_achievable_im- are often staffed with untrained personnel. and Fertilizer Market Systems Buthidaung Township, perative_for_global_progress.pdf. 70. Human Rights Watch, Discrimination in Arakan, pp. Rakhine State, October 2013, p. 21, http://www.em- 106. Nutrition Surveys of 6 to 59 month children in Maungdaw 3-4; Fortify Rights, Policies of Persecution; Human ma-toolkit.org/file/368/download?token=ha-e418U. and Buthidaung Townships, November 2013 - December Rights Watch, Ending A Cycle of Exodus? p. 31. 88. Ibid, p. 13. 2013, Action Contre la Faim, 2013, http://www.themimu. 71. Human Rights Watch, Discrimination in Arakan. 89. Ibid, p. 18. info/sites/themimu.info/files/documents/Report_SMART_ 72. Amnesty International, Fundamental Rights Denied; 90. World Food Programme, Rapid Assessment of Survey_MaungdawButhidaung_ACF_Dec2013.pdf. Human Rights Watch, Discrimination in Arakan, p. Non-displaced populations in Sittwe township, 2013, 107. Ibid, p. 11. 29; Irish Center for Human Rights, The Situation of cited in OCHA, Rakhine Response Plan (Myanmar), 108. Ibid, pp. 11-12. the Rohingyas. p. 133. July 2012 - December 2013, http://www.unicef.org/ 109. UNICEF India, http://unicef.in/Whatwedo/10/Stunting. 73. Arakan Project, Arbitrary Arrests and Beatings; eapro/2013_Aug_12_Snapshot_Rakhine_OCHA.pdf. 110. Nutrition Surveys, p. 18. Irish Center for Human Rights, The Situation of 91. Food and Agriculture Organization, Rakhine Commu- 111. Juan Luis Dominguez-Gonzales, Nutrition Programmes the Rohingyas, p. 116; Fortify Rights, “Myanmar: nity Crisis Needs Assessment Mission, 2013, cited in in the Maungdaw and Buthidaung Townships, Northern Investigate Forced Labor of Rakhine Buddhists in OCHA, Rakhine Response Plan. Rakhine State, Myanmar, ECHO/ACF, 2012, p. 6. Western Myanmar,” http://www.fortifyrights.org/ 92. Humanitarian Country Team, Humanitarian Response 112. Semi-Quantitative Evaluation of Access and Coverage publication-20160315.html. Plan in Myanmar, December 2014; OCHA, Rakhine (SQUEAC) & Simplified lot quality assurance saling of 74. Arakan Project, Arbitrary Arrests and Beatings. Response Plan. evaluation of access and coverage (SLEAC) Maungdaw 75. Fortify Rights, Policies of Persecution; Burma Bulletin, 93. Amnesty International, Fundamental Rights Denied; and Buthidaung Townships Maungdaw District Myanmar, “A month-in-review of events in Burma.” Human Rights Watch, Ending A Cycle of Exodus? pp. Action Contre la Faim, 2014, p.20. 76. Human Rights Watch, Discrimination in Arakan. p. 3. 29, 31; Irish Center for Human Rights, The Situation 113. Ibid, p. 3. 77. Fortify Rights, Policies of Persecution, p. 33. of the Rohingyas, p. 86. 114. Juan Luis Dominguez-Gonzales, Nutrition Programmes, 78. Ibid, p. 34. 94. UN Development Programme, Integrated Household p. 10. 79. Ibid, p. 33. Living Conditions in Myanmar (2009-2010): Poverty 115. Ibid. 80. Asian Human Rights Commission, “Voice of the Hun- Profile, June 2011, p. 40, http://www.mm.undp.org/ 116. Organization for Economic Co-Operation and Devel- gry Nation: The People Tribunal on Food Scarcity and content/dam/myanmar/docs/FA1MMRPovertyPro- opment, The DAC Guidelines: Poverty Reduction, April Militarization in Burma,” October 1999. , Hong Kong: file_Eng.pdf. 25 - 26, 2001), http://www.oecd.org/dac/povertyreduc- AHRC “Food scarcity in Burma was a direct result of 95. “Project Level Impacts: Land,” Myanmar Oil and Gas tion/2672735.pdf. militarisation of the nation” Available: http://www. Sector-wide Impact Assessment, Institute for Human 117. K. Annan, Poverty: An Obstacle to Human Rights, United humanrights.asia/resources/books/voice-of-the-hun- Rights and Business, Myanmar Centre for Responsible Nations Department of Public Information, last modified gry-nation/VoiceOfHungryNation.pdf/view?searchter- Business, The Danish Institute for Human Rights, October 1998. m=Voice%20of%20the%20Hungry%20Nation Asian Sept. 4, 2014, http://www.myanmar-responsible- 118. Ibid. Human Rights Commission (AHRC), 1999, Voice of business.org/pdf/SWIA/Oil-Gas/00-Myanmar-Oil-and- 119. OCHA, Rakhine response plan; J. Roos, Conflict Research the Hungry Nation, Hong Kong: AHRC “Food scarcity Gas-Sector-Wide-Assessment.pdf; USAID, “Property in Rakhine State, p. 10; International Crisis Group Reports, in Burma was a direct result of militarisation of the Rights and Resource Governance: Burma,” May The Dark Side of Transition and Myanmar: Storm Clouds nation” Available: http://www.humanrights.asia/ 2013, p. 7, http://usaidlandtenure.net/sites/default/ on the Horizon, 2012, https://d2071andvip0wj.cloudfront. resources/books/voice-of-the-hungry-nation/VoiceOf- files/country-profiles/full-reports/USAID_Land_Ten- net/238-myanmar-storm-clouds-on-the-horizon.pdf. HungryNation.pdf/view?searchterm=Voice%20of%20 ure_Burma_Profile.pdf. 120. J. Roos, Conflict Research in Rakhine State, p. 5; Inter- the%20Hungry%20Nation. 96. Food and Agriculture Organization, “Food Security: national Crisis Group, Myanmar: The Politics of Rakhine 81. Fortify Rights, Policies of Persecution, p. 34. Concepts and Measurement,” Trade Reforms and State, p. 36. 82. Physicians for Human Rights, Life Under the Junta: Food Security, http://www.fao.org/docrep/005/ 121. Kyaw Ye Lynn, “Suu Kyi: Development key to stabilizing Evidence of Crimes Against Humanity in Burma’s y4671e/y4671e06.htm. Rakhine State,” May 28, 2016, http://aa.com.tr/en/ Chin State, January 2011, https://s3.amazonaws.com/ 97. Claudia Ah Poe, Food Security Assessment in North- asia-pacific/suu-kyi-development-key-to-stabilizing-rakh- PHR_Reports/life-under-the-junta-burma-chin-state. ern Rakhine State Myanmar, World Food Programme, ine-state/580027; Republic of the Union of Myanmar, Final pdf; Physicians for Human Rights, Bitter Wounds and February 2011, pp. 3, 11.http://documents.wfp.org/ Report of Inquiry Commission on Sectarian Violence in Lost Dreams: Human Rights Under Assault in Karen stellent/groups/public/documents/ena/wfp234781. Rakhine State; OCHA, Rakhine Response Plan. State, Burma, August 2012, https://s3.amazonaws. pdf. 122. J. Roos, Conflict Research in Rakhine State, pp. 5, 25, 26. com/PHR_Reports/burma-karen-rpt-ltr-2012.pdf; 98. Food Security Information Network, “Food Security 123. International Crisis Group, Myanmar: The Politics of Physicians for Human Rights, Forced Displacements Monitoring Bulletin,” May 2012. Rakhine State, p. 22; J. Roos, Conflict Research in Rakhine and Destroyed Lives; Physicians for Human Rights, A 99. Steven Lanjouw, U Khin Maung U, Report on Potato State, p. 15. Foreseeable Disaster in Burma. and Fertilizer Market Systems Buthidaung Township, 124. Asean Parliamentarians for Human Rights, Disenfranchise- 83. William W. Davis, Luke C. Mullany, Matt Schissler, Rakhine State, October 2013, p. 12, http://www.em- ment and Desperation, p. 12. Saw Albert, Chris Beyrer, “Militarization, Human ma-toolkit.org/file/368/download?token=ha-e418U. 125. Paul Vriez, “Rohingya Hopes Fade as NLD Resumes Old Rights Violations and Community Responses as 100. Claudia Ah Poe, Food Security Assessment, p. 10. Measures,” Voice Of America, May 17, 2016, http://www. Determinants of Health in Karen State, Myanmar: 101. Ibid, p. 13. voanews.com/content/rohingya-hopes-fade-as-nld-re- Results of a Multistage Cluster Survey,” Conflict and 102. Food Security Information Network, “Food Security sumes-old-measures/3333543.html; Reuters, “Myanmar’s Health 9, no. 32, 2015, http://conflictandhealth. Update: Early Warning and Situation Reports,” April persecuted Rohingya see glimmer of hope in Aung San biomedcentral.com/articles/10.1186/s13031-015- 2013, http://documents.wfp.org/stellent/groups/pub- Suu Kyi’s victory,” November 13, 2015, http://blogs.reuters. 0059-0. lic/documents/ena/wfp258143.pdf?iframe. com/faithworld/2015/11/13/myanmars-persecuted-rohing- 84. UNHCR and UNFPA Reproductive Health Assessment 103. Steven Lanjouw, U Khin Maung U, Report on Potato ya-see-glimmer-of-hope-in-aung-san-suu-kyis-victory/. in Northern Rakhine State, Myanmar, 2011, p. 11. and Fertilizer Market Systems, p. 13. 126. International Crisis Group, Myanmar: The Politics of 85. United Nations Country Team Myanmar, “Excerpts 104. Laura E. Caulfield, Mercedes de Onis, Monika Rakhine State, p. 14. of Treaty Body Concluding Observations and Special Blossner, and Robert E. Black, “Undernutrition as an Procedure Reports,” http://www.burmalibrary. Underlying Cause of Child Deaths Associated with org/docs09/UNCT_UNCountryTeam_Annex1-Ex- Diarrhea, Pneumonia, Malaria, and Measles,” The cerpts_eng.pdf. American Journal of Clinical Nutrition, vol. 80, no. 86. The Center for Diversity and National Harmony, 1, July 2004, pp. 193–198, http://ajcn.nutrition.org/ Rakhine State Needs Assessment, September 2015, content/80/1/193.full.

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