Birth registration is a vital, permanent record of
a child’s identity, and indeed their existence. As
well as providing important details about their
parents, birth certificates are essential proof of
age – allowing children to be recognised as children
in need of additional protection and support.
Failure to provide children with birth certificates
exposes them to a range of age-related abuse and
exploitation. Girls are especially vulnerable to child
marriage, which is not only a violation of their rights
as children but also often leads to deprivation of
other rights, particularly the right to education.
Child marriage also increases the likelihood of early
pregnancy, which significantly increases girls’ risk
of dying during pregnancy or childbirth. Meanwhile,
boys are vulnerable to child labour and exploitation,
and older boys without identity documentation
are at particular risk of arrest and detention for
immigration-related offences.
In the four countries that host Rohingya refugees,
birth certificates do not confer nationality or
citizenship status, and the process for registering
births is completely separate to the process for
acquiring citizenship rights. This can create further
challenges to acquiring a nationality, in particular
where processes are discriminatory or bureaucratic,
or otherwise not fully implemented. The result is
that most Rohingya children born in these territories
are rarely granted citizenship rights and as a result
effectively remain stateless.24 This is a violation of
obligations under the UNCRC, which provides that
all children have the right to acquire a nationality,
and requires states to implement this obligation
“in particular where the children would otherwise
be stateless”.25
Lack of identity documentation and legal status
follows Rohingya children throughout their lives, and
as they grow older prevents them from exercising
other rights, such as the right to employment, to
marry, to access social security, and to enjoy the
full protection of the law. These restrictions – in
particular restrictions on access to work – go on
to adversely impact their children, and their
children’s children, exposing the community to
intergenerational and ever-expanding cycles of
discrimination and marginalisation.
2 REGIONAL OVERVIEW
begins at birth as the vast majority of Rohingya
children do not have a birth certificate, which is vital
for obtaining civil documentation – something that is
already extremely difficult for Rohingya to obtain.23
Rohingya children living outside of Myanmar
also struggle to obtain official documentation.
Despite the huge numbers of Rohingya now living
in refugee camps in Cox’s Bazar, Bangladesh does
not issue new-born Rohingya children with birth
certificates, in violation of its own laws on birth
registration. Although Rohingya children born in
Malaysia, Thailand and Indonesia are entitled to a
birth certificate, these can be difficult to obtain in
practice – in particular, for undocumented parents
who fear arrest and imprisonment if they are found
to be living ‘illegally’ in the country.
2.4 LIMITED ACCESS TO EDUCATION
Across the region, Rohingya children struggle to
access comprehensive, quality, safe and inclusive
education. In Myanmar, Rohingya children face
multiple restrictions on their ability to access
formal education. In villages and towns across
Rakhine State, various factors adversely impact
Rohingya children’s access to education: restrictions
on movement of Rohingya, the reluctance of
government teachers to teach in Rohingya schools,
and intercommunal fears and distrust.
Rohingya children who flee Myanmar also face
serious challenges to accessing education. The fact
that many children have already experienced years
of deprivation of access to education in Rakhine
State makes the situation especially alarming.
Both Bangladesh and Malaysia officially prohibit
Rohingya refugees from accessing formal education,
and as a result, they rely on UN agencies, NGOs,
and the local community to provide informal
education. However, even these services are often
insufficient, and while there is greater provision
for primary-age children, secondary education is
extremely limited. Education in these countries is
also not accredited, which means that Rohingya
who do manage to attend schools leave without
officially recognised qualifications that would enable
them to continue their studies or seek skilled and
better-paid employment opportunities. Thailand
and Indonesia have more progressive policies to
ensure that refugee and undocumented children can
access education at all levels. However, in practice,
implementation can be patchy and Rohingya
children continue to fall through the net. Across the
region, children with disabilities often do not get
the specialist support they require. Children who
drop out of school early are at much greater risk of
child labour, and adolescent boys in particular are
5