By Amnesty International

November 24, 2016

• Rohingya refugees and asylum-seekers being detained and forcibly returned
• Lack of water, food and medical care 
• Both governments preventing thousands from accessing aid 
• Harrowing details of Myanmar military attacks on villages

As the Myanmar authorities are subjecting the Rohingya Muslim minority to collective punishment, thousands of refugees who have made it across the border to Bangladesh in desperate need of humanitarian assistance are being forcibly pushed back in flagrant violation of international law, Amnesty International said today.

“The Rohingya are being squeezed by the callous actions of both the Myanmar and Bangladesh authorities. Fleeing collective punishment in Myanmar, they are being pushed back by the Bangladeshi authorities. Trapped between these cruel fates, their desperate need for food, water and medical care is not being addressed,” said Champa Patel, Amnesty International’s South Asia Director.

The Rohingya are fleeing a policy of collective punishment in Myanmar’s Northern Rakhine state, where security forces are mounting indiscriminate reprisal attacks in response to a 9 October assault on three border posts that killed nine members of the border police.

Speaking to members of the Rohingya community on the ground in Bangladesh and in interviews with those still in Myanmar, Amnesty International has heard accounts of Myanmar’s security forces, led by the military, firing at villagers from helicopter gunships, torching hundreds of homes, carrying out arbitrary arrests, and raping women and girls.

Across the Naf river that divides Bangladesh and Myanmar, Rohingya refugees and asylum-seekers are forced into hiding and are suffering a severe lack of food and medical care, Amnesty International found in Bangladesh’s Cox’s Bazar district.

Forcible returns

The Bangladeshi authorities have cracked down on the flow of Rohingya refugees and asylum-seekers from Myanmar. Over the past week, the Bangladesh Border Guards have detained and forcibly returned hundreds.

The move is a violation of the principle of non-refoulement – an absolute prohibition under international law on forcibly returning people to a country or place where they would be at real risk of serious human rights violations.

The Bangladeshi authorities have also sealed their border with Myanmar and fortified it with the deployment of the Bangladesh Border Guards and coast guard forces. Since 1992, the Bangladesh government has a policy of denying Rohingya refugee status.

On 22 November, Amnesty International witnessed groups of Rohingya crossing the border close to Whaikyang, a village by the Naf river in Bangladesh. They looked weary and emaciated, the signs of a gruelling journey evident on their faces.

They told Amnesty International that they had arrived in Bangladesh the night before, waiting until sunrise on a nearby island to evade Bangladeshi officials.

Several thousand Rohingya refugees and asylum-seekers are believed to have recently crossed into Bangladesh. They are spread out across villages, refugee camps and slums, making the true number impossible to determine. At least 2,000 people have made the journey across the Naf river since 21 November, with more set to arrive over successive days.

Some of them told Amnesty International they had paid smugglers to take them across. Others confessed to bribing Bangladesh Border Guards or other Bangladeshis to help them elude interception at the border.

“The Bangladeshi government must not add to the suffering of Rohingya. They should be recognized and protected as refugees fleeing persecution, not punished for who they are,” said Champa Patel.

Inhuman and degrading conditions

The bulk of the Rohingya who successfully reached Bangladesh have sought shelter in makeshift camps across the Cox’s Bazar where earlier waves of refugees and asylum-seekers settled. 

Water and food are scarce. Aid workers in the area told Amnesty International that even before the most recent arrivals, the camp dwellers were already suffering severe malnutrition. 

The latest arrivals have put an enormous strain on Rohingya refugees and asylum-seekers already based in Bangladesh who have opened their small and cramped homes to them.

One man living in the Kutupalong makeshift refugee camp told Amnesty International:

“I am the only breadwinner in my family. We are seven people, but some family members arrived from Myanmar last week so now we are 15 people living in the same small hut. We did not have any food this morning. I only own two longyis [traditional garment] – I gave one to my cousin, I am wearing the only clothes I own.”

A 40-year-old woman, who said she had fled to Bangladesh after the Myanmar army killed her husband and one of her sons, was not able to find shelter in the camp for herself and her two young children.

“We are sleeping outside in the mud,” she said. “My son is two years old and is crying all the time, he is very cold in the mornings. Still, compared to Myanmar, Bangladesh seems like heaven to me.”

Many of those arriving are in extremely poor health and in need of medical attention. Reliable sources confirmed to Amnesty International that several people have crossed the border bearing untreated bullet wounds. But the Rohingya said that they did not seek medical attention from the few clinics in the area, out of fear of being detained and deported. 

While many Bangladeshi people have welcomed and offered assistance to the new arrivals, the Rohingya are preyed upon by local thieves. 

“When we crossed the border, some local people attacked and looted us. They took everything we had,” said one 16-year-old girl, who paid people smugglers to take her into Bangladesh on 21 November. 

“Relying on the generosity of Bangladeshis already in poverty and long-term refugees is not sustainable. The thousands who have crossed the border desperately need help. Bangladeshi authorities must immediately allow aid groups unfettered access to those fleeing the escalating persecution in Myanmar,” said Champa Patel.

Collective punishment in Rakhine state

Since the 9 October attack on border police posts, Amnesty International and other rights organizations have received reports of a litany of human rights violations carried out by the Myanmar army in North Rakhine State during security operations. The UN estimates that 30,000 people have been displaced from their homes.

“The response of the army to attacks on security forces six weeks ago went far beyond what was necessary and proportional. Instead of investigating and arresting specific suspects, the army carried out operations amounting to collective punishment,” said Champa Patel.

“By targeting individuals clearly not involved in such attacks, whole families and whole villages, these operations appear to target Rohingya collectively on the basis of their ethnicity and religion.”

The Myanmar government has denied all allegations of human rights violations by its military, but at the same time has blocked access to humanitarian aid and effectively barred independent journalists and human rights monitors from entering the area.

“The Myanmar government’s accounts lack credibility. If it has nothing to hide, it should open access to independent observers, including human rights monitors, aid workers and journalists,” said Champa Patel.

Members of the Rohingya community, both in Bangladesh and Myanmar described in harrowing detail the actions of the Myanmar army, including arbitrary arrests, unlawful killings, and the torching of villages.

“These and other accounts of human rights violations must immediately be investigated in a genuinely independent impartial and efficient way. The only real solution, both in the short and long terms, lies in respect for the human rights of Rohingyas in Myanmar. Long-term, entrenched and systemic discrimination against Rohingya must end.”

Testimonies

A Rohingya villager in Myanmar told Amnesty International how security forces approached his village, firing guns in the air, creating a panic:

“Then they shot at people who were fleeing. They surrounded the village and started going from house to house. They were verbally abusing the people. They were threatening to rape the women saying ‘We are going to rape your kalar women’.”

“Kalar” or “foreigner” is a racial epithet used against the Rohingya community.

A woman who spoke to Amnesty International from Myanmar described how her two sons were arbitrarily arrested by security forces:

“It was early in the morning, the military surrounded our house, while some came in and forced me and my children to go outside. They tied my two sons up. They tied their hands behind their backs, and they were beaten badly. The military kicked them in the chest. I saw it myself. I was crying so loudly. When I cried, they [the military] pointed a gun at me. My children were begging the military not to hit them. They were beaten for around 30 minutes before being taken away.”

She hasn’t seen or heard from them since.

A 38-year-old man, who spoke to Amnesty International in Bangladesh after arriving on 22 November, said:

“My sister and brother were both kidnapped by the army. I saw with my own eyes how the military burned down our village, and how soldiers raped women and girls.” 

A 44-year-old woman said she witnessed how the army arrested and handcuffed young men in her village, shot them dead and pushed them into mass graves. She also said the army used hand-held rocket launchers, echoing reports from several other eyewitnesses about the use of such weapons and actions.

Another man, 58, told Amnesty International in Bangladesh he fled across the border after helicopter gunships opened fire on his and surrounding villages:

“We saw helicopters firing on the village. We ran into the forest to save our lives.”

Background: Rohingya in Bangladesh

Rohingya refugees and asylum-seekers have arrived into Bangladesh from Myanmar in waves since at least the 1970s. There are some 33,000 registered Rohingya refugees living in Cox’s Bazar’s two camps, Kutupalong and Nayapara.

The Bangladesh government has since 1992 refused to grant refugee status to Rohingya arriving from Myanmar. An estimated 300,000-500,000 undocumented Rohingya are living in Bangladesh, spread out in the two makeshift camps close to Kutupalong and Leda, as well as villages and towns across the southeast of the country.

With no legal protections, the undocumented Rohingya are extremely vulnerable to exploitation and abuse. Limited employment opportunities means that many are forced into the drug trade or human trafficking to earn an income. Incidents of rape and other sexual violence against undocumented Rohingya women are frequent, since they are considered “easy targets” who cannot report crimes to police for fear of being arrested themselves.

The Bangladesh government has recently completed a census of the undocumented Rohingya people but has not made the results public yet. The government says the census will lead to better access to services and to granting basic legal status to the undocumented Rohingya.

End of mission statement by the Special Rapporteur on the situation of human rights in Myanmar Yangon, 1 July 2016

I have just concluded my fourth official visit to the country as Special Rapporteur on the situation of human rights in Myanmar. I would like to thank the Government of Myanmar for its invitation and for granting me an extended visit of twelve days. This has not only allowed to me to travel to Kachin, Rakhine and Shan States, but also to devote more time in Nay Pyi Taw to engage with different ministers in the new Government. I would also like to thank the United Nations Country Team for their assistance throughout my visit. Additionally, I would like express my appreciation to the broad range of interlocutors with whom I met for their openness and cooperation with my mandate. My programme is listed in detail in the Annex.

The peaceful transition to a democratically-elected and civilian-led government after five decades is a significant milestone for Myanmar. My visit thus takes place at an important juncture for the country. After the euphoria in the wake of last year’s elections, the reality of the significant and wide-ranging challenges facing the new Government has not significantly dampened the sense of optimism and hope amongst many sectors of the population. It will therefore be the key test for this new Government to capitalize on the overwhelming public support and current momentum to push forward its priority agenda and reforms. 

I welcome the Government’s commitment to furthering democratic transition, national reconciliation, sustainable development and peace, and the important steps already taken in this regard. The objective of my visit, therefore, was to make a comprehensive, objective and balanced assessment of the human rights situation in this new landscape. Today, I wish to highlight some preliminary observations from my visit. I will present a full report to the 71st session of the General Assembly later this year.

Forging human rights in a young democracy

Consolidating democracy and building a culture of respect for human rights is a complex undertaking that requires political will and sustained investment in enhancing the functioning and integrity of State institutions and bodies. Important human rights principles must underpin this process so that State institutions and bodies prioritize the needs and rights of the people in Myanmar’s diverse society. 

In meeting with various interlocutors in Government and Parliament, I was encouraged to see a burgeoning understanding of this role and a broad commitment to further reform. I was struck by the candid exchange of views on human rights concerns, and the frank assessment of the remaining challenges ahead. At the same time, I observed the very real tension between a new civilian leadership and a bureaucracy inherited from previous military regimes which often resulted in a duality in policy and approach. I also observed the challenges in trying to enhance democratic governance within an institutional framework that impedes the development of democratic practices and respect for human rights. Overcoming these challenges will require further reforms and a change in behaviour and mindset. While this will take time, these issues cannot be overlooked and must be continually prioritized. 

I was pleased to note that many aspects of the various 100-day plans of union ministries were broadly in line with the human rights priority areas set out in my last report to the Human Rights Council. I encouraged closer cooperation with my mandate and the international community in their implementation. At the same time, I noted that many of these plans were not well-publicized and had, for the most part, been developed with little or no public consultation or input from relevant stakeholders, in particular civil society. Looking ahead to the development of a longer-term five-year plan for the Government, greater efforts must be made to address these shortcomings. 

Parliament also has a central role in the promotion of democracy. During my visit, I had the opportunity to engage with parliamentarians and various parliamentary bodies. While there was a clear need to enhance the capacity and functioning of this young institution and its new members, I was impressed by the understanding shown of their important check and balance functions over the executive. I welcomed their frank assessment of current structural challenges, such as the 25 percent military bloc, and the lack of a separate professional secretariat (with current support provided by the General Administrative Department under the Ministry of Home Affairs). In order to ensure a properly functioning parliamentary culture, the independence of Parliament must be ensured and members of Parliament should be able to exercise the right to freedom of speech in the course of discharging their duties. It is crucial that Parliament be a forum for expressing opinions reflecting the different interests of Myanmar’s multi-ethnic society.

I also met members of the Myanmar National Human Rights Commission and encouraged the Commission to more fully step into its role as an independent advocate for human rights. While welcoming the many promotional and awareness-raising activities undertaken, the Commission should not shy away from addressing issues deemed sensitive to the Government; this is precisely when a neutral and objective human rights voice is most needed. 

The foundation for any functioning democracy is the rule of law. I therefore welcome the priority given to upholding the rule of law and to strengthening legal and judicial institutions. Central to this is the continuing review and reform of legislation, particularly outdated laws that have been deemed to be inconsistent with international human rights standards. I am encouraged to see quick and real progress on the recommendations of the Legal Affairs and Special Cases Assessment Commission to amend 142 laws, including the recent repeal of the State Protection Act. While noting some improvements to the Peaceful Assembly and Peaceful Procession Act, several shortcomings remain and I hope to see these remedied before the Law is promulgated. 

However, I am acutely aware that more needs to be done. During my visit, I consistently drew attention to many laws still on the books that continue to limit the full enjoyment of human rights. I therefore renew my call for a comprehensive legislative review to be undertaken, with clear target dates for the conclusion of the review. 

Also during my visit, I continued to hear concerns about the lack of systematic consultation on draft laws and the opaque process of legislative reform. Clear timelines should be established for the review of draft laws and an appropriate consultation process should be developed to ensure transparency and adequate engagement by civil society organizations and members of the public. A vetting mechanism should also be established to ensure that all draft legislation complies with international human rights standards.

Finally, in the current transitional environment with delicate relationships still being forged between different constituents, Myanmar must not lose sight of the need for constitutional reform. Many shared my view but acknowledged that this remained sensitive and would not likely be feasible soon. Nevertheless, I urged continued discussion and consideration of this important issue particularly within Parliament and by the public at large. 

Enhancing democratic space

The enjoyment of the rights to freedom of expression, association and assembly are essential ingredients for Myanmar’s democracy. Many are hopeful that continuing restrictions on the exercise of these rights will soon be lifted by the new Government. However, recent incidents, such as the banning of a film during a human rights film festival and the denial of permission for a press conference on a civil society report alleging grave violations by the military, are worrying signals. Additionally, I was informed by several civil society actors that they are facing visa restrictions, or have once again been placed on the ‘blacklist’. 

I have previously highlighted concerns regarding the arrests and prosecution of individuals exercising fundamental rights. I stated that such practices were creating a new generation of political prisoners. While I have not seen the same frequency and scale of arrests, problematic legal provisions continue to be applied and the practice of bringing multiple charges across different townships for the same offence or historic offences also continues. Additionally, journalists and media workers continue to face legal action under outdated defamation laws. 

I also continue to receive reports of monitoring and surveillance of civil society actors and human rights defenders. During this visit, I unfortunately was informed that my interlocutors were photographed by security officials, and were questioned prior to and following our meetings. During a private meeting with a village community in Rakhine State, I discovered a recording device placed in the room by a Government official. 

I therefore renew my request to all civil society actors, media workers and prisoners with whom I met to report to me any cases of reprisal. I also reiterate that the Government (in particular the Ministry of Home Affairs and Special Branch police) must ensure the safety of all my interlocutors and guarantee that they will not face any reprisals, including threats, harassment, punishment or judicial proceedings as required by the Human Rights Council. I have been assured by the Deputy Minister of Home Affairs that these practices will cease in future visits and that no reprisals will occur. In my previous visits, I had also been assured by the then Minister of Home Affairs that these practices will cease. Nevertheless, they are still continuing. Old habits do die hard.

As the United Nations Secretary-General has said “civil society is the oxygen of democracy”. It is clear that a change of mind-set is still needed at all levels of Government to allow civil society and the media to flourish. Going forward, the fundamental role of civil society in supporting further democratic reforms and in advocating for human rights must be better understood and fully recognized. Civil society can also monitor the abuse of power and corruption and hold state institutions to account. Criticism helps to strengthen democratic institutions and critical voices should not be excluded or restricted, but rather, empowered and supported. Partnerships with civil society should be built and strengthened. 

Political prisoners

I commend the recent amnesties granted to political prisoners. This is a significant step which affirms the Government’s commitment to democratic transition and national reconciliation. I note that many individuals, whose cases I had previously raised, have been released with the charges against them dropped or pardoned. I met with some of them during my visit, including U Gambira earlier today upon his release. 

Many political prisoners remain behind bars however and their cases should be urgently resolved. I am aware that there continues to be discrepancies in the number of remaining political prisoners from different sources. Accordingly, a comprehensive and thorough review of all cases by the Government, based on broad consultations with all relevant stakeholders, is needed to clarify records. Related to this, in my view, is the need to develop a formal definition of political prisoner in consultation with all relevant actors. 

I also hold the view that former and released political prisoners should not be subject to administrative and other restrictions that impede re-integration into society. These include restrictions in the acquisition of passports and professional work licenses, and in enrollment in formal university education. Additionally, released political prisoners, particularly those who suffered ill-treatment or prolonged periods of solitary confinement, should be given the necessary medical and psycho-social support. 

National reconciliation

The impact of conflict and looking towards peace 

The Government informed me that the peace process and the need to end continuing armed conflict in several areas of the country is a priority. In a worrying development since my last visit, a new front of fighting has broken out in Rakhine State. Fighting also continues in Kachin State and has taken on new dimensions in Northern Shan State. 

On the ground, this violence continues to have a severe effect on the lives of civilians. In particular, I continue to receive reports of human rights violations committed by all parties to the conflict and in all areas where active fighting continues. One individual told me that her sibling had been kidnapped and there was still no news of his fate many weeks later. This is sadly not an isolated case: reports of abductions for forced recruitment and for use as hostages, predominantly by ethnic armed groups, are increasing. I also continue to receive reports of other grave violations, including sexual and gender-based violence, torture, killings and arbitrary arrest by all sides. I reiterate that investigations should be conducted into all such allegations and that perpetrators be held to account. Military personnel who are alleged to have perpetrated violations against civilians must also be held accountable and should be prosecuted in a civilian court.

Also of concern is the continuing detention and reported torture of individuals with suspected ties to ethnic armed groups under section 17 (1) of the Unlawful Associations Act. In particular, there has been a sharp increase in cases in Rakhine where reportedly some arrests have been made with little supporting evidence. 

During my visit, I also met with internally displaced persons (IDPs) in Kachin, Rakhine and Shan States and heard of their daily struggles to survive, earn a basic living and access basic services such as education and healthcare. In this context, humanitarian assistance provides a lifeline to communities and I was concerned to hear of the extensive difficulties in accessing and delivering such aid to several areas. In Rakhine State, I was informed that international non-governmental organizations are required to seek travel authorisations through a cumbersome procedure, with additional authorizations required for areas in the northern part of the State. Muslim staff members face restrictions in their freedom of movement and require additional travel authorisations which hamper their ability to perform their functions. 

In Kachin State, humanitarian access is shrinking particularly to non-government controlled areas. Previously there was access albeit subject to some limitations to the more than 40,000 IDPs in non-government controlled areas. However, access has been blocked in recent months with a proposal made to deliver assistance to neutral or government controlled areas – a 1.5 day walk for many of those affected. I had hoped to visit Laiza to look into these developments, but unfortunately was refused access to security considerations. 

In Northern Shan State, access is hampered by shifting front lines. The situation is becoming more complex with multiplying numbers of actors using armed force. I am particularly concerned by reports from civil society actors that the fighting between the TNLA and RCSS is starting to create tensions between civilian communities in affected areas. Their work in ensuring that communities are not further divided is even more vital now. Whilst I was given positive signals on the feasibility of a visit to Kutkai until the day before my arrival in Shan State, my request was ultimately denied due to ‘security considerations’ forcing a late change in my schedule. I regret that I was unable to see the realities on the ground for myself.

During my visit, I repeatedly heard the sentiment that for communities affected by conflict, things have yet to change. They saw the recent elections as a sign of hope but they are still awaiting real change. Durable peace must be achieved to allow these areas of the country, and others to see the change they have been waiting for. 

I discussed the peace process and the 21st Century Panglong Conference with many interlocutors. I was encouraged to hear that efforts are being made to reach out to all ethnic armed groups. It is vital that the process is truly inclusive, collaborative and open in order to build a sustainable peace going forward. Civil society actors must be seen as partners in this process, and have a voice in all areas of discussion. This includes issues which are seen by some as political, but in fact have significant impact on human rights. 

The previous Government made a commitment to ensure at least 30% representation of women at all levels of the peace dialogue. This commitment should be met as a minimum. During my visit, I met with a number of qualified women working in the area of human rights and conflict, who would be an asset to the process. I hope that an effort will be made to ensure such individuals are included. A gender perspective must also be incorporated into all areas of the dialogue.

IDPs informed me that they are afraid to return to their villages due to the continuing presence of soldiers and the risk posed by landmines. I was pleased to hear from the Ministry of Defence that demining has been completed in a small area in Kayin State. I urge that such programmes be extended throughout the country where there has not been recent active conflict, with assistance from the international community. 

Respect for the rights of minorities

During my visit, I addressed continuing reports of discrimination against ethnic minorities, including through restrictions on the freedom of religion or belief. These issues must be addressed in future political dialogues in order to tackle the root causes of conflict and the long-standing grievances of ethnic communities. While the creation of an Ethnic Affairs Ministry is a welcome step, the necessary institutional, legal and policy framework should be established to ensure greater respect for the rights of minorities. In this regard, the Government should consider developing a comprehensive anti-discrimination law or policy to ensure that minorities can exercise their rights without any discrimination and in full equality before the law. 

The recent establishment of the Central Committee on Implementation of Peace, Stability and Development of Rakhine State signals the priority given by the Government to addressing the complex challenges facing both communities. Nevertheless, my visit to Rakhine State unfortunately confirmed that the situation on the ground has yet to significantly change.

The conditions in the IDP camps I visited remain poor with concerns about overcrowding, the deterioration of temporary shelters and housing, and the lack of proper sanitation facilities.

While there is rightful emphasis on ensuring development and humanitarian assistance to all communities, ending institutionalized discrimination against the Muslim communities in Rakhine State must also be an urgent priority. The continuing restrictions on the freedom of movement of the Rohingya and Kaman communities cannot be justified on any grounds of security or maintaining stability. In fact, as I have previously highlighted, such restrictions severely affect all aspects of life, including access to basic services and livelihoods. They also hamper community interactions and impede any prospects for long-term stability and reconciliation. Progress is needed on this key issue in order to address other human rights concerns in Rakhine State. 

I note that the Government has re-initiated a citizenship verification exercise in several townships and villages, with plans to roll out the exercise throughout the State. Identity cards for national verification are being issued - without designations of race and ethnicity and without expiration dates. I must acknowledge the Government’s attempt to learn lessons from a similar verification pilot exercise conducted in Myebon last year. Yet, response to this latest initiative has been lukewarm at best. Many with whom I spoke, including representatives of the Kaman community, expressed frustration that citizens or those entitled to citizenship were required to undergo this process. Some in the Rohingya community also provided me with copies of National Registration Cards (pink cards) held by their parents and grandparents dating back generations. There was also distrust and scepticism of the Government’s initiatives given the revocation of the Temporary Registration Cards (white cards) last year and previous citizenship verification exercises. The residents in one village in Rakhine State refused to participate in the verification exercise for these reasons. Additionally, I was informed that they had not been given prior information on the exercise and had received no further explanation subsequently. 

If the verification exercise is extended throughout Rakhine State, it would be important to fully consult and involve those directly affected by this process. Clear timeframes should be established on when participants will have their status reviewed and when decisions on their applications can be expected. The Government must address the situation in Myebon where those granted citizenship continue to face restrictions and demonstrate that all those granted citizenship will automatically acquire the rights to which they are entitled. 

Religious intolerance; incitement to hatred

It is clear that tensions along religious lines remain pervasive across Myanmar society. Incidents of hate speech, incitement to discrimination, hatred and violence, and of religious intolerance continue to be a cause for concern. While I commend Daw Aung San Suu Kyi’s commitment to combating and publicly condemning hate speech and incitement to violence against minorities, other public officials and political leaders must also speak out.

During my visit, I specifically addressed recent reported attempts to build pagodas or stupas on the property of or in close proximity to churches and mosques in Karen State. I also expressed concern at the recent mob attack resulting in the destruction of a house, mosque, a school and a Muslim cemetery in Bago. Whether deliberate or not, the incident can be seen as an attack on the past, present and future of one community. 

It is vital that the Government take prompt action, including by conducting thorough investigations and holding perpetrators to account. I am therefore concerned by reports that the Government will not pursue action in the most recent case due to fears of fuelling greater tensions and provoking more conflict. This is precisely the wrong signal to send. The Government must demonstrate that instigating and committing violence against an ethnic or religious minority community has no place in Myanmar. Perpetrators will be treated seriously in accordance with the law regardless of race, religious or ethnic background. 

At the same time, comprehensive measures to address the root causes of such tensions and violence must also be taken. Prevention should be prioritized, including through education, and information and media campaigns, in order to deconstruct discriminatory and negative stereotypes. Initiatives to promote interfaith and intercommunal harmony must also be taken in cooperation with civil society, as well as religious and community leaders. 

Realizing economic, social and cultural rights for the prosperity of all 

Priority attention on economic, social and cultural rights is also of fundamental importance. As Myanmar continues to open up, the impact of development projects on these rights is becoming increasingly prominent. Development is needed for increased prosperity but should not come at the cost of human rights. Careful planning should be undertaken to ensure a rights-based approach which maximises the benefits for all. 

I met an individual who will shortly lose her family home to a mega-development project. She and other villagers were given no opportunity to discuss the project, but were instead summoned and informed that they would have to leave their village. She does not know if or when she will receive compensation or if there will be relocation options provided. Across the country, hundreds of others face a similar situation. This is unacceptable, and priority must be given to ensuring that communities are consulted in a meaningful process, and that relocations are conducted in line with international standards. 

Time will be needed to develop and enforce the normative framework in this area, and to gain the capacity and expertise to properly scrutinise projects. In this vein, I welcome the decision of the Ministry of Natural Resources and Environmental Conservation to halt Government timber extraction for one year. This will enable the Ministry to review the current state of forests and to ensure that they are used sustainably. In this regard, a similar temporary moratorium on large-scale development projects should be considered in order to conduct meaningful consultations with affected communities and full social and environmental impact assessments. 

During my visit, I met with civil society groups active in the jade mining areas. They told me of the dire conditions faced by local communities, including extensive environmental degradation, continuing land confiscations as the mines expand, and weekly deaths from vehicles and landslides, all conducted against a backdrop of disregard for the rule of law. I was pleased to hear that all companies were now required to complete environmental impact assessments in accordance with the new procedures, but further steps are needed. 

I have repeatedly underlined the need to resolve the issue of land confiscations, both historic and continuing. I was therefore pleased that the new Government quickly formed a new Central Committee to address this issue. The Committee recently completed its first returns, giving 7000 acres back to farmers. This is welcome progress. The Committee assured me of their desire to resolve the remaining cases, but many are complex and will take time. Whilst this process is continuing, priority should also be given to drafting a national land law, which can serve as a basis for fair and transparent land management going forward. Building on the National Land Use Policy, this should be done in a participatory manner, drawing on the expertise of civil society and international organizations. 

Realizing the right to education will be key to improving the prospects of Myanmar’s next generation. A recent census report on employment showed that one in five children are in employment rather than education. Birth registration rates remain low across the country, but particularly in some conflict areas where no registrations have taken place due to difficulties accessing registration centers. The birth registration rate of Muslim communities in Rakhine State is also alarmingly low. Given my professional background, I have a particular interest in this area and have offered my assistance to parliamentarians and others working on issues related to the rights of children. I hope this is one of several areas where we can work together going forward. 

Education for IDPs continues to be limited across the country. In all IDP camps I visited, ensuring access to education was the primary concern. In Kachin State, I was told of the lack of schools at the secondary and tertiary levels and low quality of education in the primary schools provided in the camps. In Rakhine State, I visited an IDP camp for the Rakhine community, where I was informed that children have to walk three hours each morning to reach a secondary school. In camps for Muslim communities around Sittwe, there is only one secondary school. Steps should be taken to secure universal access to education for all across the country, and priority attention should be given to IDP communities facing protracted displacement due to conflict. In Rakhine State, improving access to and the quality of education is one concrete and feasible step which can go a long way to improving the situation for all communities. It is particularly vital that restrictions impeding access to education for Muslim communities are removed.

Improving access to health care continues to be a priority for Myanmar, but particularly for IDPs in conflict-affected areas. This was another priority concern expressed to me in all IDP camps I visited. In Rakhine State, extending access to health care is vital for all communities and could provide a similar tangible step towards improving the situation on the ground. Of particular urgency is the need to remove restrictions preventing Muslims from accessing medical treatment in some Township Hospitals. Currently, Muslim communities are only able to seek treatment at Sittwe Hospital which, for some, is several hours’ travel. Even in medical emergencies, special permission to be referred to Sittwe Hospital is required, which is time consuming and cumbersome. This has resulted in preventable deaths and could lead to more if not urgently addressed. It is vital that all people are granted safe and timely access to health services without discrimination. As a minimum, it is important to ensure that all people (including Muslims and people of unresolved citizenship status) have safe access to all Township Hospitals in emergency cases. I raised this suggestion with several interlocutors and received assurances that steps towards this will be taken in this regard. I look forward to hearing of prompt action in this area. 

Conclusion

Let me conclude by reiterating my firm belief that Myanmar’s young democracy can only progress if human rights are fully mainstreamed into its institutional, legal and policy framework. Building a culture of respect for human rights must be a priority now and in the future. While I am aware of the need to give space and time for the new Government to address the many complex challenges facing the country, I must remain constructively and critically engaged and vocal in encouraging and advocating for greater progress on human rights. I must also continue to hold Myanmar accountable to its international human rights obligations. That is my mandate as Special Rapporteur. 

The international community also has a responsibility in this regard. In the rush to forge or strengthen political or economic ties, international actors must continue to prioritize human rights, particularly in business and investment relations. International actors should not undermine human rights priorities, including by remaining silent when confronted with human rights concerns or at worst, becoming complicit in perpetuating human rights abuses. The international community must remain fully engaged on human rights issues in Myanmar. It should also remain committed to providing necessary assistance and support to further the reforms in line with international human rights standards. It is vital that all actors work together to ensure human rights are respected and protected across Myanmar. 

At the start of my visit, I stated that my objective, as Special Rapporteur, is to continue to work closely with the Government and people of Myanmar, for the promotion and protection of human rights in the country. I reaffirm that pledge to you now.

Thank you.

---

Annex – List of Meetings

Union Government Officials

• State Counsellor, Union Minister for Foreign Affairs, Minister in the President’s Office

• Union Minister, State Counsellor’s Office; Working Committee for Cooperation with United Nations Agencies and International Organizations

• Union Minister of Defence

• Union Minister of Border Affairs; Central Committee for the Implementation of Stability, Peace and Development of Rakhine State

• Union Minister of Labour, Immigration and Population

• Union Minister of Social Welfare, Relief and Resettlement; National Disaster Management Committee

• Attorney General

• Union Minister of Ethnic Affairs

• Union Minister of Religious Affairs and Culture

• Union Minister of Education

• Union Minister of Information

• Union Minister of Natural Resources and Environmental Conservation

• Deputy Minister of Home Affairs

• Deputy Commander-in-Chief of the armed forces

Parliament

• Patron for the Union Parliament and Speaker of the Amyotha Hluttaw

• Speaker of the Pyithu Hluttaw

• Bills Committee of the Amyotha Hluttaw and Pyithu Hluttaw

• Fundamental Rights, Democracy and Human Rights Committee of the Amyotha Hluttaw and Pyithu Hluttaw

• Chair and members of the Legal Affairs and Special Cases Assessment Commission

Other institutions

• Myanmar National Human Rights Commission

• Myanmar Press Council

• Central Committee on Confiscated Farmlands and Other Lands

• Preparation Committee for the 21st Century Panglong Conference and members of the Joint Monitoring Committee

Rakhine State

• Chief Minister and representatives of the Rakhine State Government

• Members of the Rakhine Elders

• Muslim and Rakhine communities in Ponnagyun

• Displaced communities in Pyinnwar Wa

• Displaced Rakhine communities around Sittwe

• Muslim community in Aung Mingalar 

• Representatives of United Nations entities

• Representatives of international non-governmental organizations

• Consul of Bangladesh

• Former Chief Minister of Rakhine State and Member of State Parliament

• Human rights defenders 

Kachin State

• Chief Minister and representatives of the Kachin State Government

• Civil society actors working on the peace process; jade mining and extractive industries; humanitarian assistance to IDPs

• Jan Mai Kawng Catholic Church IDP Camp

• Le Kone Zion Baptist Church IDP Camp

Shan State

• Representatives of the Shan State Government in Lashio

• Representatives of United Nations entities

• Victims of human rights violations

• Civil society actors working on the peace process; humanitarian assistance to IDPs; human rights; women’s rights and gender issues

Civil society actors

• Lawyers

• Media workers

• Actors working on land rights issues; environmental issues; women’s rights and gender issues; youth issues; labour rights issues; peace process; freedom of religion

• 88 Generation Peace and Open Society; 

• Representatives of the Kaman community

• Representatives of international human rights non-governmental organizations

• Recently released political prisoners

• Center for Diversity and National Harmony

Others

• Members of the United Nations Country Team

• Representatives of the diplomatic community

• Rakhine Heads of Mission Group 

• Religious leaders

Detainee in Myitkyina Prison

• Laphai Gam

Insein Prison

• Min Min

• Maung Maung Lwin

• Win Hwe

• Win Naing

• Ye Thu Aung

• Zaw Min Oo

Source: United Nations Information Centre Yangon

By International Crisis Group

December 10, 2015

OVERVIEW

The 8 November elections were a major waypoint in Myanmar’s transition from authoritarian rule. Holding a peaceful, orderly vote in a context of little experience of electoral democracy, deep political fissures and ongoing armed conflict in several areas was a major achievement for all political actors, the election commission and the country as a whole. The victorious National League for Democracy (NLD) needs to use the four-month transitional period before it takes power at the end of March 2016 wisely, identifying key appointees early so that they have as much time as possible to prepare for the substantial challenges ahead.

Its landslide victory, with almost 80 per cent of the elected seats, means Nobel Peace Prize laureate Aung San Suu Kyi’s party will have an outright majority in both legislative chambers, even after the 25 per cent of unelected seats held by the armed forces is taken into account. This will give it control of law-making and the power to choose the president – a position that the constitution bars Suu Kyi from taking herself. The incumbent Union Solidarity and Development Party (USDP) suffered a crushing defeat, as did most parties representing minority ethnic groups.

The vote represents a huge popular mandate for Aung San Suu Kyi and comes with equally high expectations that she and the NLD will deliver the needed political and economic changes. It will not be easy to meet those expectations. First, Suu Kyi will have to build a constructive working relationship with Commander-in-Chief Min Aung Hlaing. The military retains considerable executive power, with control of the defence, home affairs and border affairs ministries. Success in everything from the peace process to police reform and further political liberalisation will depend on the cooperation of the armed forces. With longstanding mutual suspicions, that relationship could easily get off to a bad start, particularly if Suu Kyi chooses a proxy president without the credibility and stature required for the top job, as she has suggested she would.

Beyond this, the NLD will want to demonstrate that it can meet the expectations of the people by bringing tangible changes to their lives. It can tap into enormous domestic and international goodwill and support, but its limited experience of government, a shallow pool of skilled technocrats and the difficulty of reforming key institutions all constrain how much can be achieved quickly. This is particularly important given that the party has done very little policy development work to date.

It also may prove difficult for the new administration to focus on producing positive changes, given the range of problems the country faces, any of which have the potential to spawn crises. Serious armed clashes continue in Shan and Kachin states, threatening to undermine a fragile peace process. There are signs of macro-economic turbulence, with weak policy tools available to mitigate it. And the situation in Rakhine state, where most Muslim Rohingya were disenfranchised, is intractable and potentially volatile; any moves the NLD government makes on this issue will come under particular nationalist scrutiny.

There will also be international relations challenges. Suu Kyi and the NLD will need deft diplomatic skills to steer Myanmar’s continuing re-engagement with the West, while maintaining good relations with a more assertive China concerned that its interests are being harmed. They will have to be particularly adroit, given perceptions that they have an inherent pro-Western bias. Western countries must do their part to help make this rebalancing succeed. They have an important role to play in supporting positive change in Myanmar but need to be cognizant of domestic and regional sensitivities involved.

The Myanmar Elections: Results and Implications

By The Conversation

November 7, 2015

A historic general election is about to take place in Myanmar, and hopes for transition to full democracy remain high. But there are already worrying signs.

In Rakhine state, the hardline Arakan National Party looks set to win a landslide in the country formerly known as Burma. That could mean a drastic escalation in a pattern of discrimination and violence against Myanmar’s Rohingya Muslims – a crisis that many observers have decried as genocidal.

On the eve of the elections, human rights groups are imploring the UN to investigate possible acts of genocide against Myanmar’s Rohingya Muslims, on which we at the International State Crime Initiative have just issued a report.

As a direct result of historic and continuing systematic persecution by the (largely-Buddhist) majority, the Rohingya are fleeing Rakhine state in the tens of thousands. The UN High Commissioner for Refugees estimates that more than 120,000 people have fled from the Myanmar-Bangladesh border area since January 2012, and more than 25,000 fled in the first three months of 2015 alone.

Even once they leave the country, Myanmar’s Rohingya are not safe. That much was made horribly clear in May 2015 when mass graves containing the remains of Rohingya and Bangladeshis were discovered in Thailand and Malaysia. That grisly find led to the uncovering of sophisticated human trafficking networks, which prey on the Rohingya’s desperation with no regard for their welfare.

At least half of those stranded on boats in the Andaman Sea during May 2015 were Rohingya who had left Rakhine state because of the increasingly desperate and dangerous conditions they face inside Myanmar. Men, women, and children consistently claim that it is impossible for them to live in Rakhine. The Myanmar government, through its policies of persecution, is both emboldening nationalist Buddhist monks in Rakhine and essentially creating a ready supply of human slaves.

This situation did not arise overnight. Myanmar’s Rohingya have been under terrible pressure for years.

Stripped of dignity

After violence between Rohingya Muslims and Rakhine Buddhists exploded in 2012, more than 120,000 Rohingya were driven into squalid ghettos and detention camps. Most remain there to this day, excluded from mainstream society. The government consistently and unequivocally denies the very existence of their ethnicity, instead classifying them as “illegal Bengali immigrants” from neighbouring Bangladesh.

Myanmar’s Rohingya are subject to severe overcrowding. They are denied freedom of movement, access to decent medical care, livelihood opportunities, and education. They suffer constant physical and psychological harassment and intimidation from the authorities, including torture, murder, and arbitrary arrest and imprisonment. These conditions of “systematic weakening” make the Rohingya extremely vulnerable to human traffickers.

Sittwe, the Rakhine state capital, was once a flourishing, multi-cultural city where Rohingya Muslims and Rakhine Buddhists lived side by side, trading, attending school, and celebrating religious traditions together; it has now become an apartheid city, cleansed of all Muslim influence. Destroyed and abandoned mosques are either unrecognisable ruins or run-down structures occupied by police and military.

The consequence of decades of state-sponsored stigmatisation, institutionalised discrimination, violence, and isolation has resulted in a community dehumanised and stripped of dignity.

We ourselves witnessed the desperate existence people endure in the camps around Sittwe and Mrauk Oo and in Sittwe’s Aung Mingalar ghetto, which can only be described as a form of “bare life”.

One Rohingya woman we interviewed in Sittwe’s sprawling camp complex begged through tears, “If the international community can’t help us, please drop a bomb on us and kill all of us.”

Desperate measures

Desperate to escape genocide, Rohingya people are lured onto boats in the hope of a secure life. Serious human rights abuses and often deadly criminal activity persist as people are crammed into boats, jammed up against one another and forced to sit with their knees bent into their chests for weeks and months on end, with little food and water.

En route people risk death from starvation, dehydration, and hyperthermia, as well as beatings, rape and intimidation by traffickers. Most fleeing Rohingya intend to travel to Malaysia. Traffickers lure men with promises of employment opportunities and young girls with the prospect of marriage. Many, however, never make it to Malaysia, and are instead held hostage in “death camps” buried deep in the jungle on the Thai-Malaysian border.

There, they are tortured and raped as traffickers harass their destitute families to pay ransom. Many are murdered. Those who are exhausted and sick are left to die. Men are sold into forced labour on fishing boats or rubber plantations.

Those who reach Malaysia face the prospect of life as “illegals”. Denied access to government healthcare and education, vulnerable to labour abuses, and crowded into decrepit apartments, the cycle of marginalisation continues. Nonetheless, Malaysia’s level of security is preferable to the systematic persecution felt in Myanmar.

Despite clear evidence, Myanmar has repeatedly denied that conditions in Rakhine state are forcing Rohingya to flee en masse, and has instead branded the issue “just a problem of human trafficking”.

In July, Hla Thein, the Rakhine state government spokesperson, raised Myanmar’s routine denial to a new level of deceit: “There have been no trafficking cases in Rakhine State so far [in 2015]."

These statements echo comments from Myanmar’s anti-human trafficking police who, in the spring of 2015, claimed fewer than 30 cases of trafficking occurred in country during the first three months of the year – and that not a single case was noted in Rakhine State.

This all adds up to a terrible conclusion: Myanmar is still dedicating significant energy to concealing the same state-sponsored genocidal processes that the Rohingya have endured for decades. Whoever wins the election, they must end impunity for violence and hate speech, and reduce the spread of intolerance through extreme religious and nationalist ideology.

Authors

Penny Green

Professor of Law and Globalisation, Queen Mary University of London 

Alicia de la Cour Venning

‎Research Associate, International State Crime Initiative, Queen Mary University of London

Thomas MacManus

Research Fellow, Queen Mary University of London    

Countdown to Annihilation: Genocide in Myanmar

Shajidah, a Rohingya teen, shares the story of her harrowing escape from Myanmar.

By Sarah Yang

Channel NewsAsia

October 31, 2015

Channel NewsAsia’s Get Real documentary tracks the journey of a group of Rohingya refugees as they flee persecution in Myanmar in hopes of a better life, only to face a fate much worse than they could imagine.

ACEH: Life in Myanmar for Shajidah was more than a 16-year-old should live through. There, she faced a terrible dilemma: To stay and live in fear or to leave and risk her life.

Back in her village in the state of Rakhine, it was safer for Shajidah to sleep in the jungle than in her own home.

Soft-spoken and nervous, she told Channel NewsAsia’s Get Real in July: “In our village, the men did not sleep at night. Every night, the Rakhine Buddhists come and check every home. If they do not see any men, they torture the girl. I am always afraid.”

Myanmar maintains the Rohingya are illegal immigrants from Bangladesh, and denies them citizenship, healthcare, education and other basic rights. Shajidah and her Rohingya community have been displaced by communal violence and clashes in Myanmar’s Rakhine state which has forced hundreds of thousands of them from their homes into squalid camps. 

In the hopes of giving his daughter a better life, Shajidah’s father decided that she should join her brother, who had already fled to Malaysia. 

But first, she had to get through the journey there.

FROM HOPE TO DESPAIR

Without passports and freedom of movement, her family had to pay a smuggler to get her out of Myanmar. After days hiding out at the smuggler’s village, Shajidah spent the next three days being transferred to two different boats and eventually, onto a ship that was so crowded, nobody could sit.

“They gave water three times a day. At 7am, noon and 4pm. After that time, if anyone asked for water, they would get beaten. If anyone asked why there was insufficient food, they would get beaten. Nobody could say anything,” she said. 

Things became worse when the captain suddenly abandoned the ship. None of the passengers could operate a ship as they drifted on the open sea. Yet, when they encountered navies from Malaysia and Indonesia, Shajidah claimed they were pushed away despite insufficient food on board.

Only when the ship sank in Indonesian waters near Aceh, forcing its passengers to jump into the sea, were they rescued by fishermen. She and others were then taken to a refugee camp in Aceh, Indonesia, where she remains today.

Shajidah is one of the luckier refugees who has survived the convoluted and most times violent journeys to freedom. Many like her leave Myanmar with hopes of getting to Malaysia, only to be side-lined on the Thai-Malaysian border where more ransom is asked of them. In Shajidah’s case, it was a “freedom boat” to nowhere.

In May, unmarked graves full of broken bodies were uncovered in Songkhla, Thailand, near the Malaysian border. Forensic tests indicated that the dead were ethnic Rohingya Muslims who had died from starvation or torture. Further investigations revealed they had been held against their will at detention camps and tortured until their relatives paid a ransom. 

JOURNEY TO THE DEATH CAMP

According to an informant who wanted to be known only as Hamid, some people died even before they reached the camps. Malnourished and ill, some died on the ships while others died on the gruelling five-hour trek to the camps. 

Another 16-year-old Rohingya, Amin, survived to tell the tale of his horrific experience at one of these detention camps.

“I remember being beaten over and over because we had no money to pay the ransom,” he said. “Women here were beaten and raped when they could not pay the money. I felt really bad and stressed.”

Roshid, on the other hand, endured a longer journey when he was promised freedom in Malaysia only to be sold as a slave, first to a rubber plantation in Thailand, then to Thai fishermen. For four years, he was trapped on a fishing boat, forced to work 18 hours a day with no rest and no pay.

“We were sold many times like animals and cattle. I felt so sorry for myself on the boat. I kept thinking about how to escape. But I could only think about it. Life was very sad for us,” he said.

HELPLESS REFUGEES, FINANCIAL GAIN FOR TRAFFICKERS

In spite of the efforts by police in Thailand and Malaysia to crackdown on criminal syndicates, human trafficking remains big business in Southeast Asia.

“There is a large pool of very desperate people seeking asylum. In the eyes of human trafficking syndicates, that spells financial gain,” said Mr Matthew Smith, co-founder of Fortify Rights, a non-profit human rights organisation.

“So what we've seen are rather large networks, hierarchical networks of transnational criminal syndicates operating in multiple countries throughout the region to capitalise off the desperation of this population.”

He believes the government of Myanmar holds the key to reducing trafficking. 

“If the government of Myanmar stops depriving Rohingya of adequate aid, stops using people for forced labour, and addresses the issue of statelessness, then we will see a dramatic decrease in human trafficking in Southeast Asia,” said Mr Smith.

But where there is demand, there will be supply no matter the regulations, said Ms Aegile Fernandez, co- director of Tenaganita, a non-governmental organisation protecting and promoting the rights of women, migrants and refugees. As such, companies who are in need of cheap labour are partly to blame.

“There’s a demand in Malaysia for labour. And therefore we bypass all the rules and regulations set in place for the recruitment of workers,” said Ms Fernandez.

According to her, it is most likely smaller companies that hire just five to 10 workers in industries that may fall under the radar of law enforcement, such as furniture manufacturers, automobile workshops or restaurants.

“You know that you can have these undocumented workers but they can be hidden,” said Ms Fernandez.

“For example, in the restaurant, they can employ undocumented workers to do the work of washing, cleaning, cutting, cooking, because the public cannot see where they are working.”

For Shajidah, despite the gruelling two-month ordeal, she still harbours hopes of going to Malaysia to be reunited with her brother.

“I want to go to Malaysia because I am alone and I have no one here.”

Listen to the stories or Myanmar’s Rohingya refugees, follow their trail and learn about the fight against human trafficking on Get Real: Shallow Graves, Nov 3, 8pm (SG/HK) on Channel NewsAsia. You can also watch web-exclusive footage from the documentary series at Channel NewsAsia Connect’s YouTube page.

By Jack Board

Channel NewsAsia

October 29, 2015

In Der Paing camp in Rakhine state, thousands of Rohingya are living destitute in squalid conditions. 

SITTWE, Myanmar: On the outskirts of Rakhine's capital lies Dar Paing camp, a wretched dusty landscape and home to thousands of internally displaced Muslims.

Around this area, 140,000 people are registered in ten internally-displaced persons (IDP) camps; another 85,000 people live in ramshackle villages perched around the camps' perimeters.

None of the population, in the camps or villages, are allowed to leave. They are Rohingya, or what the government calls Bengalis, voiceless and no longer citizens of Myanmar.

Around the entire vicinity is a solid, imposing barbed-wire fence, while sporadically within the compound are cordoned areas used by police and military troops ordered to maintain order and keep people in. They are housed in newly built, permanent structures as well as in abandoned mosques, which are no longer allowed to be used for prayer.

"This is not a place for human beings," said Abu Zidik, one of the local camp committee members. "Animals would not live here."

He added: "This place is very bad, it's not suitable for anyone and it's very sad that the government makes us continue to live here."

The camps are full of children, many of them dirty and without clothes and with swollen bellies revealing serious malnutrition. They still run and play, but most do not have any access to education aside from small volunteer-run schools.

Their health is a serious concern and generally has not improved in the three years of the camps' existence, according to local clinician Molana Tayub. "We can't say what will happen here for sure, but if the situation stays like this long term, many people will die," he said.

"The family members are not getting enough food and the parents cannot feed their children. These houses are not proper to live in," said Mr Molana. "Because of that many people have diarrhoea, malaria or fever."

Roshid Hamad, 13, is suffering from severe malaria but his parents says they cannot deal treatment at hospitals in Sittwe. (Photo: Jack Board)

Signs of this are clear to see. Down one small winding track between tents and wooden structures reinforced by corrugated iron lives one family who tragically live knowing that their son will soon die.

Roshid Hamad, 13, has suffered from malaria for more than two years, with the disease now affecting his brain and leaving the young boy unable to speak or move independently. He is in need of specialist care.

As his mother Fatama holds his head she says that there is little they can do help him now. "We are afraid to go to the hospital. Some people helped us but it wasn't much," she said.

Just next door, a young woman grips in a blue towel to her jaw in anguish. Anguma is just 28 but she is suffering from mouth cancer, which has wasted away most of her left cheek and leaves her in constant pain.

"This area has no doctors, we are not getting proper care," said community leader Aung Win. "If there is a serious illness, we cannot go to Sittwe hospital without being discriminated against."

Anguma, 28, has mouth cancer and is in constant pain. (Photo: Jack Board)

NO POLITICAL VOICE 

The upcoming elections are unlikely to change the plight of the Rohingya. They are not entitled to vote, which means there is almost no chance there will be a Muslim member of parliament from this region to fight for the cause.

According to Aung Win, it is just another setback, another reason for people to try and leave Myanmar, as thousands have on risky boats journeys from this very coastline.

"They do not want to live here. They have to live in a restricted area just like a prison, they have no job and they are deciding they have no future in Myanmar," he said. "People are waiting for the election and if the new government will help them. Otherwise they will leave."

"They are very sad that they cannot vote in the election. I don't know why the government does not want us, why they are discriminating against us politically, why they want to keep us away from parliament."

Sittwe's Muslim population was exiled out of the city and into isolated existence following a deadly spate of sectarian violence in 2012, when Rohingyas clashed with ethnic Rakhine Buddhists resulting in nearly 100 deaths, the destruction of some 2,500 homes and the displacement of about 90,000 people.

The two communities have never reconciled and tensions remain a daily reality. Despite the physical separation, Aung Win said trading still occurs between the two and he holds hopes of a more lasting, liveable peace.

"Both communities have been suffering and have been for a long time. There can be reconciliation, it happens every day; it's just the government saying there is not," he said.

It is a sentiment echoed by other local community members, including Abu Zidik who said his people had lived with the Rakhine Buddhists for many years before "the problem with the government", alluding to the clashes three years ago.

The Myanmar government has said that its stance on Rohingya people has not changed in recent times and that it does not deem them as belonging in the country. 

NO WAY' TO LIVE TOGETHER 

Across the other side of Sittwe are the IDP camps set up in the wake of the 2012 violence to house the affected Rakhine Buddhist communities. Access to basic essentials are still a challenge, but there is a tangible difference to the way the community has formed.

People are free to come and go, the bridge between the camp perimeter and the main part of Sittwe's downtown is unguarded. Likewise, the residents are able to work as they could before, operate their businesses and practice their religion.

Pwint Phyu, 50, was a victim of the violence and has lived here for about two years after being placed for a year in a school and various monasteries. She said the infrastructure has greatly improved over time.

"When we first got here it was so muddy and wet that we couldn't even walk," she said outside her wooden home. "Now it has changed but I still wish to go back to my home, my real place."

She said she is content with how the government has segregated the Buddhist and Muslim communities saying it was the only way to ensure peace and security. "There is no way to live closely with the Muslim people so it's better to stay apart."

She added that the Rohingya issue was not one of concern for the election, but said that people wanted "real democracy" and better job opportunities.

Yet, human rights groups including Human Rights Watch have argued that without a more inclusive approach, Myanmar will continue to suffer from damaging division.

"Within Rohingya you have de-facto segregation, almost an apartheid-type situation," said the organisation's Asia Division deputy director Phil Robertson. "They're really not welcome and ultimately they're not going to be able to find a way through to get what they want, which is effectively citizenship in Burma. 

"The situation is not only cementing the disempowerment of the Rohingya but also posing the very possibility of unrest and violence."

The notion of more conflict was dismissed by Muslim community leaders but they admitted that the situation was adding to levels of desperation.

Said Molana Tayub: "What can people do if they stay here? What choices do they have?"