B. Systemic oppression and persecution of the Rohingya
7. Other forms of oppression
613. Rohingya face several other forms of oppression at the hands of the Myanmar authorities, in particular the security forces. These include forced labour, confiscation of
1269 K-076.46.
1270 For example, A/HR/32/18.
1271 Irish Centre for Human Rights, Crimes against Humanity in Western Burma: The Situation of the Rohingyas (2010).
1272 V-246.
1273 K-076.
1274 CI-064, CI-065, CI-082, CI-089, DI-009, DI-013, DI-020, DI-025, DI-054, DI-056.
1275 DI-009.
1276 CI-064, DI-025, DI-054.
1277 DI-054.
1278 CI-064, CI-065, CI-082, CI-089, DI-025, DI-056.
1279 CI-065.
1280 K-076.46; V-245.
property, extortion and sexual and gender-based violence. These are not necessarily unique to the Rohingya. As described above, they are also faced to a large extent by the ethnic Rakhine and probably other groups as well. However, in the case of the Rohingya, these are added on to all other forms of oppression and persecution described above.
(a) Forced or compulsory labour
614. As with the ethnic Rakhine population, forced or compulsory labour has been a common experience for many Rohingya in Rakhine State. The Mission corroborated cases from Maungdaw and Buthidaung Townships in northern Rakhine State,1281 although it is likely that Rohingya in central and southern regions have had similar experiences. Forced labour has been prevalent for many years, with reports that more than two-thirds of Rohingya families in the two townships had to provide forced labour prior to 2011.1282 The Mission found incidents of forced labour in 2012 and 2013, although credible information indicates that the practice continued in northern Rakhine until 2016, and possibly beyond, albeit at a reduced rate.1283 Perpetrators of forced labour have primarily been the Tatmadaw and the NaSaKa (until its disbandment in 2013).
615. The established patterns are very similar to those outlined in relation to the ethnic Rakhine, including in terms of the types of forced labour (for example, portering, construction work, farming, maintenance of security camps), the frequency of the work, the general ill-treatment suffered in the context of such labour (including beatings and verbal abuse), and the economic impact on the individual and their families. In some cases there appears to have been an option to avoid forced labour, through the payment of bribes, or through paying other villagers to perform the task on their behalf.1284
(b) Confiscation and extortion
616. Like the ethnic Rakhine, the Rohingya suffer from arbitrary confiscation of livestock and goods by security forces, usually with total impunity.1285 One interviewee explained:
Looting of vegetables and domestic animals, by the military, the NaSaKa and the police was common. They used to take anything they wanted from the land, without paying. They took also commodities from the villagers whenever they thought they might need them.1286
617. Already extremely vulnerable because of their lack of legal status and other forms of systemic oppression, the Rohingya additionally suffer from extortion at the hands of security forces and other authorities. It affects many aspects of their lives.1287 This includes having to pay to obtain permission to move from one place to another, stay overnight in another household, and pass checkpoints.1288 They also have to make payments or pay bribes to obtain marriage permissions, have a child included on the household list, have a family member deleted from the list,1289 obtain the necessary authorisations to build or repair their homes, bring back wood or bamboo from the forest,1290 as well as avoid or be released from arbitrary
1281 CI-062, CI-072, CI-079, CI-089, CI-092, CI-093, CI-094, CI-173, DI-001, DI-002, DI-005.
1282 K-063.
1283 K-063.
1284 CI-080, CI-089, DI-047.
1285 CI-062, CI-064, CI-065, CI-073, DI-013, DI-025, DI-038.
1286 CI-073.
1287 CI-061, CI-062, CI-063, CI-064, CI-065, CI-069, CI-070, CI-072, CI-073, CI-076, CI-079, CI-080, CI-082, CI-085, CI-089, CI-090, CI-092, CI-094, CI-098, CI-100, CI-133, CI-134, CI-136, CI-144, CI-146, CI-149, CI-162, CI-173, CI-174, CI-175, CI-176, CI-179, CI-181, CI-183, CI-186, CI-189, CI-190, CI-192, CI-194, DI-001, DI-003, DI-004, DI-008, DI-010, DI-013, DI-020, DI-025, DI-026, DI-037, DI-038, DI-046, DI-047, DI-050, DI-054, DI-076, LI-105, ZI-002.
1288 CI-061, CI-063, CI-064, CI-065, CI-069, CI-070, CI-072, CI-073, CI-079, CI-080, CI-082, CI-090, CI-174, DI-001, DI-003, DI-020, DI-025, LI-105.
1289 CI-061, CI-062, CI-064, CI-065, CI-070, CI-072, CI-073, CI-076, CI-079, CI-082, CI-089, CI-092, CI-173, DI-001, DI-004, DI-025.
1290 CI-061, CI-073, CI-079, CI-082, CI-090, DI-038, DI-10.
detention.1291 An interviewee from Maungdaw, explained how Tatmadaw soldiers would come to the market or village and simply arrest whomever they found, take them to the police station, and then ask money from the family for their release.1292 An interviewee from Buthidaung also shared the following account:
If we wanted to change anything in the house, we had to pay. Our family had to change two bamboo poles in the railing of our house. When the NaSaKa officers heard the sound of repair, they came and asked for money.1293
618. Sometimes payments were made, but the issue remained unresolved. One interviewee explained that his brother paid 100,000 Kyat to the NaSaKa to obtain his marriage authorisation but it was not issued. He was later detained for five years for not having a permit. 1294Another interviewee explained how he was detained at a police station and the police officer said he would be released if he paid a large bribe. However, although he paid, he was not released.1295
619. The amounts extracted from the Rohingya are exorbitant compared to their revenue.
It adversely affects their right to an adequate standard of living, including to food and livelihood, and to health and dignity. It often leads to unbreakable cycles of debt, household impoverishment and desperate coping mechanisms:
The police said that if we couldn’t give them 350,000 Kyat, I would be put in prison.
My mother had to arrange the money. She sold our land to ensure my release.1296 (c) Sexual and gender-based violence
620. There are credible and consistent reports of sexual and gender-based violence against Rohingya women and girls by members of the Tatmadaw, the police and the NaSaKa.1297 The experience shared by one interviewee illustrates the prevalence of such acts, even outside the periods of extreme violence in 2012, 2016 and 2017:
I was taken to a large government building next to the high school in Maungdaw.
There were many police officers. I was taken to a room where there were already about 10 other Rohingya women. Men in uniform took away women in groups of four and then I heard screaming. I think they were being raped. I heard girls saying, “Oh Allah, save me” and “please don’t rape me”. Other women were giving massages to men from various security forces, not just the police. It was humiliating. If a girl was not massaging, she was hit by the police. It was very weird because the place was like an office but all of this was happening there. I saw girls with bite marks on their cheeks, and one fully naked girl running away. I managed to escape through a very small hole1298.
621. This is consistent with other credible reports published throughout the years. For example, a report of the United Nations Secretary-General on conflict-related sexual violence noted in 2012 that rape was condoned by military commanders.1299 Examples of reported sexual violence include the rape of 13 Rohingya girls and women by NaSaKa forces in northern Maungdaw Township on 20 February 2013; the gang rape of a 16-year old Rohingya girl by police in early 2014; 14 cases of gang rape and sexual assault between January and June 2014;1300 and the rape of a 10-year old girl by the military in early 2015.1301
1291 CI-062, CI-065, CI-069, CI-072, CI-073, CI-082, CI-090, CI-092, CI-094, CI-100, CI-133, CI-134, CI-136, CI-144, CI-146, CI-149, CI-179, CI-181, CI-183, CI-186, CI-189, CI-190, DI-010, DI-020, DI-025, DI-026, DI-037, DI-038, DI-046, DI-050, ZI-002.
1292 DI-025.
1293 DI-010.
1294 CI-064.
1295 DI-037.
1296 DI-025.
1297 CI-074, CI-077, CI-174, DI-038, DI-048, DI-050.
1298 DI-048.
1299 A/66/657*–S/2012/33*.
1300 S/2015/203, p. 12
1301 K-125