Collection of vast amounts of data
on migrants and refugees creates
serious issues and possible human
rights violations related to data
sharing and access, particularly
in settings such as refugee camps
where power differentials between UN
agencies, international NGOs and
the affected communities are already
stark. Although exchanging data on
humanitarian crises or biometric
identification is often presented as a
way to increase efficiency and interagency and inter-state cooperation,
benefits from the collection do not
accrue equally. Data collection and the
use of new technologies, particularly in
contexts characterized by steep power
differentials, raise issues of informed
consent and the ability to opt-out.96
the enhancement of the security process such
that every person processed through the
Centres is recorded and accounted for.97
Biometric IDs issued involuntarily under Myanmar’s
national verification process have thus become one of the
major obstacles to repatriation, standing to undermine
the voluntariness of return. As Rohingya refugee, Khin
Maung, of the Rohingya Youth Association explained:
“
Going back to our homelands is always in
our thoughts. We want to go home in safety.
NVCs make us unsafe. NVC is for foreigners
in Myanmar, but Rohingya are not foreigners
– we are citizens. Myanmar government has
intent to make Rohingya into foreigners by
accepting the NVC. We call NVCs as “genocide
cards” because they will destroy our whole
generation.
Despite improved understanding among refugees of
the benefits of digital identification systems in terms of
humanitarian delivery, data protection arrangements
remain unclear. Concerns remain as to whether data
may, in future, be shared with the Government of
Myanmar without consent, or leaked through crossborder intelligence networks.
A major sticking point for Rohingyas in repatriation
agreements, is the legitimate fear that they will be
required to undergo national verification or be issued
with NVC cards on return. This worry has been
compounded by Myanmar’s intention to combine the
issuance of NVCs, which are currently paper based, with
biometric registration. In a needs assessment report on
repatriations in 2019, the ASEAN-ERAT described how
returnees immediately on arrival would:
receive an NVC with a barcode and will further
proceed to Biometric Registration. The NVC
serves as a guarantee by the Government of
Myanmar for the returnees to be able to access
livelihood opportunities and basic needs such
as health and education services in Maungdaw
and serves as evidence that the person is
a resident of Myanmar…The recording of
personal information of returnees 18 years old
and above and the immediate issuance of their
NVCs at the Reception Centre also supports
Ms. E. Tendayi Achiume, Report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, A/75/590
(November 2020) available at: https://www.ohchr.org/en/issues/racism/srracism/pages/indexsrracism.aspx [accessed 13/11/2020]
97
ASEAN-ERAT report, ‘The preliminary needs assessment for repatriation’ (2019) available at: https://asean.org/storage/2020/03/13.-June-2019-Preliminary-NeedsAssessment-for-Repatriation-in-Rakhine-State-Myanmar-ad-hoc-AHA-Ctr.pdf [accessed 13/11/2020]
96
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