KEY ISSUES CONCERNING THE SITUATION OF STATELESS ROHINGYA WOMEN AND GIRLS IN RAKHINE STATE, MYANMAR [CEDAW-64th Session]

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SUBMISSION TO THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN (CEDAW) For the Examination of the combined 4th and 5th periodic State Party Reports (CEDAW/C/MMR/4-5) - MYANMAR - June 2016.....RECOMMENDATIONS TO THE CEDAW COMMITTEE: "The Committee should urge the Government of Myanmar: * To take immediate steps to eradicate all discriminatory policies and practices against the Rohingya population; * To combat all acts of incitement to discrimination, hostility or violence against religious and ethnic minorities, in particular against the Rohingya, condemn such acts publicly and take swift legal action against perpetrators; * To take all necessary measures to establish the rule of law in Rakhine State, end impunity, and provide security and equal protection of the law to all, including Rohingya women; * To engage in a confidence-building process with all communities in Rakhine State, inclusive of women, and to promote interfaith and intercommunal dialogue; * To ensure that any Action Plan for Peace and Reconciliation in Rakhine State is in line with international human rights principles, especially those relating specifically to women... On Citizenship and birth registration: * To review the 1982 Citizenship Law in accordance with international standards in order to prevent and eradicate statelessness in Myanmar, to bring Myanmar law into compliance with the universally respected prohibition of racial discrimination and with Myanmar?s obligations under Article 7 of the Convention on the Rights of the Child (CRC) with the intention of granting citizenship and associated rights to the Rohingyas; * To urgently resolve the legal status of Rohingyas through a transparent process that will provide incentives to all stakeholders to participate in the process in order to grant citizenship and associated rights to the Rohingyas; * To issue birth certificates to all Rohingya children born in Myanmar in compliance with domestic law and Myanmar?s obligations under the CRC (Article 7.1); * To immediately register all Rohingya children by removing burdensome requirements which make it difficult to insert their names in their parents? family list. * To abolish without delay all local orders restricting movement and marriage, and which seek to limit the number of children a family can have, orders which are exclusively applied on the Rohingya in Rakhine State... On freedom of movement: * To revise and repeal all orders and regulations that restrict the freedom of movement of the Rohingya; * To lift the curfew still in place in Maungdaw and Buthidaung Townships; * To establish conditions conducive to the voluntary return of the displaced Rohingyas to their place of origin or to other places of voluntary resettlement in safety and dignity, and to ensure adequate reintegration and security... On access to livelihood and basic services: * To substantially improve access to quality health care and education services to Rohingya children, in IDP camps as well as in all other locations; * To guarantee unhindered humanitarian access to all Rohingya communities in Rakhine State; * To withdraw the Population Control Healthcare Bill in particular, as this law could result in new restrictions targeting Rohingya women as it allows authorities to impose 3-year birth spacing in any region of the country, in particular as it could further increase discrimination against Rohingya women; * To conduct extensive teacher training among Rohingyas, including for women, and to restore access to higher education, including university education, to Rohingya students; * To ensure access to food and eradicate malnutrition so that women and children can meet their physical and mental needs and responsibilities... On violence against women and access to justice: * To establish support mechanisms for women victims of all forms of violence, including sexual and gender-based abuses; * To increase training, capacity-building and awareness-raising for all actors involved in assisting women subject to violence, including police forces, health practitioners and teachers, community volunteers and other service providers; * To provide legal aid and effective access to justice to encourage women victims of violence to seek redress; * To take legal action against perpetrators of sexual violence against women, and, in particular, investigate and prosecute members of State authorities committing rape and sexual harassment against Rohingya women... On ratifying other international human rights treaties: * To accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness; * To become a State Party to the Optional Protocol to the Convention on the Elimination of all forms of Discrimination against Women; and, * To accede to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of All forms of Racial Discrimination (ICERD) and other relevant human rights instruments."

Source/publisher: 

The Arakan Project

Date of Publication: 

2016-06-30

Date of entry: 

2016-07-07

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  • Individual Documents

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Language: 

English

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pdf

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1.3 MB