34. As highlighted previously by the Special Rapporteur and previous mandate holders, it is crucial that the discriminatory Citizenship Law (1982) also be brought into line with international standards. In particular, provisions that provide for the granting of citizenship on the basis of ethnicity or race, which are clearly discriminatory, should be revised.
35. On 31 March 2015, all temporary registration cards, the main identification document held by Rohingya and by persons of Chinese or Indian descent, expired. On 2 June, the Government announced that those who had submitted their card by the deadline (around 469,000 people) were eligible to apply for new identity cards (referred to as “cards for those whose nationality will be scrutinized”). To date, the degree of acceptance of the new cards by the affected population has been low, mainly owing to a lack of trust in the process. Consequently, most Rohingya and other non-citizen minorities are now without any valid identity document, thus increasing their vulnerability. For many, the only current evidence of legal residence in Myanmar is the compulsory household list.
39. The Special Rapporteur calls upon the new Government to take immediate steps to put an end to the highly discriminatory policies and practices against the Rohingya and other Muslim communities in Rakhine. In practice, these policies deny the affected population some of their most fundamental rights. Of particular importance is the need to restore freedom of movement for all, which in turn could facilitate the process of return and reintegration of communities. Ongoing discriminatory restrictions to freedom of movement are largely used to control the Rohingya population; as a consequence, movement is restricted within and between townships, and people must obtain specific authorization to travel outside Rakhine State. These restrictions severely affect all aspects of their life, including access to livelihood, and hamper interactions between the Rakhine and Muslim communities. Without progress on this key issue, it will not be possible to address many of the other human rights concerns in Rakhine. Local orders in northern Rakhine State require Rohingya to obtain permission to marry, and attempt to limit couples to two children; any child born beyond that limit risks not being included in the family household list and remaining unregistered, a status that has a multitude of consequences for the child. As all children have the right to be registered at birth, the Special Rapporteur calls upon the Government to take steps towards ensuring universal birth registration in Rakhine, regardless of the child’s or the child’s parents’ nationality, statelessness or legal status (see A/HRC/31/29; see also CRC/C/MMR/CO/3-4, para. 44).
41. In northern Rakhine, arbitrary arrests and detention continue to be reported. Some cases appear linked to extortion, given that detainees are often released following the payment of a bribe. Since January 2016, the Border Guard Police and the “Immigration Team for the Prevention of Illegal Immigration of Foreigners” (MaKaPa) have been conducting their annual population check to update Rohingya household lists. They have announced new and cumbersome procedures for adding children to the lists, which may perpetuate the problem of unregistered children.
42. On 8 February 2016, the curfew order imposed in northern Rakhine since June 2012 was once again renewed for two months. The order also prohibits gatherings of five or more people in public areas, including at mosques, further affecting on daily life and basic religious observance. The curfew and related restrictions are discriminatory, as they appear to be enforced only against the Rohingya.
44. Little progress has been made in resolving the legal status of the more than 1 million Rohingya in Myanmar, including their access to citizenship. The citizenship verification process, which had raised international concern, including that of the Special Rapporteur (see A/69/398, para. 52 and A/70/412, para. 41), is effectively stalled. Those granted citizenship through the process, including in Myebon Township, where it was piloted in June 2014, reportedly remain in camps and continue to face restrictions on their freedom of movement and access to basic services
84. With regard to incitement to discrimination, the Special Rapporteur recommends that the Government and Parliament of Myanmar:
(c) Review and amend the Citizenship Law (1982) to bring it into line with international standards; and, in particular, remove any provisions that provide for the granting of citizenship on the basis of ethnicity or race;
(d) Resolve the legal status of habitual residents of Myanmar, including former holders of the temporary registration card, and ensure that they have equal access to citizenship through a non-discriminatory process.