38. In Rakhine State, the Special Rapporteur met with local authorities and community leaders, and visited camps in Myebon and Sittwe for persons who were displaced after the violence in June 2012. It is recognized that those camps include those that are solely for Rohingya Muslims and non-Muslims married to Muslims, as well as camps for those who are Buddhists. (...) The Special Rapporteur firmly believes that the chronic underdevelopment of Rakhine State, and the conditions of poverty in which some people live, must be urgently addressed. However, while she acknowledges that the Rakhine State government has initiated processes for further development, she saw no significant improvement in the situation of human rights from her previous visit in July 2014. In particular, discriminatory restrictions on freedom of movement for internally displaced Muslims remain in place, severely impacting access to health care, food, water and sanitation, as well as education and livelihoods. Furthermore, no independent and credible investigations have been conducted into allegations of serious human rights violations, including during and after the considerable violence in June and October 2012 and January 2014, involving allegations of extrajudicial, summary or arbitrary executions, sexual violence, arbitrary detention, torture and ill-treatment in detention, and denial of due process and fair trial rights.
46. Throughout the Special Rapporteur’s visit, controversy around the use of the term “Rohingya” remained prominent. Both government and Rakhine Buddhist representatives explained to the Special Rapporteur that the term “Rohingya” has no historical or legal basis. It was further explained that to validate the Rohingya as an ethnic group could allow a claim of indigenous status and corresponding rights under the Constitution. The Government has therefore insisted that persons identifying as Rohingya be classified as Bengali, which links their ethnic origins to Bangladesh. The Special Rapporteur once again highlights the right of the Rohingya to self-identification according to international human rights law. She believes the ongoing focus on the terminology used to describe that group has paralysed progress on addressing important human rights issues and achieving durable solutions. The focus must also be on improving the human rights and humanitarian situation of all persons in Rakhine State, including minority communities who face significant discrimination, oppression and injustice on a daily basis.
47. During her visit, the Special Rapporteur heard a large number of rumours and misconceptions that were spread between the communities and used as justification for measures to suppress the Rohingya. The perception amongst the Rakhine Buddhist population that international support is only for the Rohingya and discriminates against their community is still prevalent. (...)
54. The proposed Child Law is an opportunity to remove ambiguity in existing laws in order to ensure a universal right to birth registration for all children born in Myanmar. In particular, provisions should ensure that children of stateless parents acquire a nationality through official mechanisms. (...)
68. Regarding Rakhine State, the Government should:
(a) Ensure that the Rakhine State Action Plan is consistent with international standards and does not include measures that would subject the Rohingya community to arbitrary detention or deportation;
(b) Respect the right of the members of the Rohingya community to selfidentification according to international human rights law, including in the citizenship verification process; (...)
70. Regarding sustainable development and programmes to improve education, health care and livelihoods, the Government should: (...)
(c) Ensure that the proposed Child Law removes ambiguity in existing laws in order to guarantee a universal right to birth registration for all children born in Myanmar;