Statelessness Working Paper Series 2016/04
Article 13.1 of the Universal Declaration of Human Rights (1948) that specifies that "everyone has the
right to freedom of movement and residence within the borders of each State.”61
The negative ramifications of this policy on the right to health lie in the Rohingya’s inability and
difficulty to access health care services. The right to health encompasses access to timely, acceptable,
and affordable health care and without the freedom to access medical assistance, the Rohingya’s right
to health remains severely compromised.62 For instance, if Rohingya’s residing in Maungdaw require
medical care in the township of Buthidaung they have to first obtain permission which is often either
denied, or realised at great financial expense.63 This problem is often exacerbated by the severe lack
of medical professionals within Northern Rakhine State. For instance, in 2010 Ojea Quintana identified
that there were only three doctors per 430,000 people in Maungdaw and two per 280,000 in
Buthidaung64; this lies in stark contrast to the Buddhist-majority Sittwe Township where there is one
physician for every 681 persons.65
The policy prohibiting the Rohingya’s freedom of movement is neither imposed on the ethnic Rakhine
nor on other Myanmar citizens. If the Rohingya were granted citizenship, this policy would not be
domestically enforceable due to its contravention of provisions 4, 9 and 25 of Chapter 8 of the
Myanmar Constitution; namely, that the state shall not discriminate against citizens based on race,
that nothing shall be detrimental to the personal freedoms of any citizen and that every citizen shall
have the right to health care [italics added].66 It is these types of securities and protections, which are
offered by the conferral of citizenship, that remain fundamental to successfully realising the right to
health, and the freedom to access health care.
4.4 The right to health literacy: Prohibitions on health employment and education
In addition to restricting freedom of movement, the Myanmar government have also inhibited the
Rohingya’s capacity to be employed as health professionals or enjoy education at university level. As
non-citizens the Rohingya are barred from occupation in the health sector, where they are strictly
prohibited from partaking in health training courses, such as training for auxiliary midwives. 67 In
addition, Sittwe has the only university in Rakhine State, yet Rohingya students are actively prohibited
from studying medical sciences on the premises. Without citizenship, the protections afforded under
the Myanmar Constitution such as provisions 5b and 24a, which endorse the equal right to occupation
and the right of every citizen to education, remain out of reach to thousands of stateless Rohingya.
Kickbusch asserts that “health literacy is a right of citizenship, and remains an imperative skill to
function in modern society”.68 This sentiment is echoed by Kawachi who argues that “health literacy
is a building block to health and is a foundation for modern citizenship. It is a critical component of
social capital”.69 Health literacy skills include patient competency in navigating the health system, as
well as having a knowledge of health rights, advocating for health issues and participating in patient
and health organisations.70 By prohibiting the Rohingya's access to health information and education,
61
United Nations, The Universal Declaration of Human Rights (1948)
World Health Organization (WHO), The Right to Health: Fact Sheet No. 323 (2013)
63 Fortify Rights, ‘Policies of Persecution: Ending Abusive State Policies Against Rohingya Muslims in Myanmar (2014)
64 Office of the High Commissioner for Human Rights (OHCHR), Progress report of the Special Rapporteur on the situation of
human rights in Myanmar (2010)
65 Rakhine Inquiry Commission, Final Report of Inquiry Commission on Sectarian Violence in Rakhine State (2013) Republic of
the Union of Myanmar
66 Myanmar Constitution (2008) Chapter VIII: Citizenship, Fundamental Rights and Duties of Citizens
67 C Lewa, ‘Northern Arakan/Rakhine State: A Chronic Emergency’ (2008)
68 I Kickbusch, S Wait & D Maag, ‘Navigating Health: The role of Health Literacy’ (2006) London: Alliance for Health and the
Future
69 LF Berkman & I Kawachi, ‘Social cohesion, social capital and health’, in LF Berkman & I Kawachi (eds) Social Epidemiology
(OUP, 1999)
70 I Kickbusch, S Wait & D Maag, ‘Navigating Health: The role of Health Literacy’ (2006) London: Alliance for Health and the
Future
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