NO SAFE HAVEN
Organisations whose staff had tested positive for COVID-19 had
their operations suspended; meanwhile, the Rakhine state government
cancelled all travel authorisations, requiring all organisations to
submit new requests. Such requests were limited only to ‘life-saving
assistance’, as defined by the Rakhine state government. Organisations
that were able to continue operations were required to present
‘COVID Free’ certificates for staff to travel; however, limited testing
capacity in Rakhine state means that in practice, this requirement was
hard to meet.
64
Bloomberg, ‘With its economy in free fall, Myanmar braces for the
worst’, 12 April 2021, https://www.bloomberg.com/news/articles/
2021-04-11/myanmar-crisis-looms-with-fitch-warning-economy-willshrink-up-to-20.
65
66
For example, on 29 November 2020, 96 Rohingya, including
25 children, were detained in Ayeyarwaddy Region in southern
Myanmar, while in January 2021, 99 Rohingya were arrested in
the commercial capital, Yangon. See The Irrawaddy, ‘Myanmar
authorities detain scores of Rohingya, human traffickers in multiple
raids’, 8 January 2021, https://www.irrawaddy.com/specials/
myanmar-covid-19/myanmar-authorities-detain-scores-rohingyahuman-traffickers-multiple-raids.html; and Reuters, ‘Myanmar police
arrest nearly 100 Rohingya in raid on house’, 6 January 2021,
https://www.reuters.com/article/us-myanmar-rohingyaidUSKBN29B1U5.
In February 2020, at least 17 students were injured when an
artillery shell landed on a school in Buthidaung township, while in
September 2020, two children were killed and another injured as a
result of artillery fire in Myebon township. See UNICEF, ‘Statement
on the injury of at least 17 school children, in Buthidaung township,
Rakhine State, Myanmar’, 14 February 2020, https://www.unicef.org/
myanmar/press-releases/unicef-statement-injury-least-17-schoolchildren-buthidaung-township-rakhine-state; and UNICEF, Myanmar
‘Statement on the killing and injury of children in Myebon, Rakhine
State’, 10 September 2020, https://www.unicef.org/myanmar/pressreleases/unicef-myanmar-statement-killing-and-injury-childrenmyebon-rakhine-state.
67
68
In October 2020 two Rohingya boys, who were among a group
of 15 villagers forced to guide Myanmar soldiers, were killed when
fighting between the two armed actors erupted in Buthidaung
Township, Rakhine State. CTFMR expresses grave concern over
circumstances of two children killed in fighting between the Tatmadaw and
Arakan Army in Buthidaung, Rakhine State: Statement from the Co-Chairs of
the UN Country Taskforce on Monitoring and Reporting on Grave Violations
against Children in Myanmar, 15 October 2020, https://www.unicef.org/
press-releases/ctfmr-expresses-grave-concern-over-circumstancestwo-children-killed-fighting
69
See for example, Amnesty International, “No one can protect us”:
War crimes and abuses in Myanmar’s Rakhine State, 29 May, 2019,
p. 30.
Under international humanitarian law, all parties to a conflict are
required to distinguish between civilian and military objects. Failure to
do so can have the effect of turning civilian objects – such as schools –
into legitimate military objectives. As a result, international guidelines
urge that schools and other education facilities not be used in any
way that could support the military effort. This includes when such
facilities are temporarily closed. See Guidelines for Protecting Schools
and Universities from Military Use during Armed Conflict (Safe Schools
Declaration), December 2014.
70
According to UNICEF, of the 254 cases of death and injury from
landmine/improvised explosive device/unexploded ordnance in
Myanmar in 2020, more than half (134, or 53%) were in Rakhine state,
19 of them children. UNICEF, ‘Landmines / ERW Incidents Information
(2020)’, 27 January 2021, https://www.unicef.org/myanmar/reports/
myanmar-landmineerw-incidents-information-2.
71
72
Human Rights Watch, Burma/Bangladesh – Burmese refugees in
Bangladesh: still no durable solution, May 2000, https://www.hrw.org/
reports/2000/burma/burm005-01.htm; see also AC Lindquist, Report
on the 1978–79 Bangladesh Refugee Relief Operation, June 1979.
2019 Joint Response plan for Rohingya Humanitarian Crisis,
February 2019, p.10, https://reliefweb.int/report/bangladesh/2019-jointresponse-plan-rohingya-humanitarian-crisis-january-december-enbn.
74
International Organization for Migration (IOM), Bangladesh: Needs
and Population Monitoring Undocumented Myanmar Nationals in
Teknaf and Ukhia, Cox’s Bazar, July 2017, www.reliefweb.int/sites/
reliefweb.int/files/resources/170814_NPM_RIV_Final.pdf.
Of these 220,111 are girls, and 231,551 are boys. See 2021 Joint
response plan: Rohingya humanitarian crisis, January–December 2021,
May 2021, p. 8.
75
UNHCR, Bangladesh Fact Sheet, March 2017, http://www.unhcr.org/
50001ae09.pdf. These refugees live in two official camps, the
original Kutupalong Refugee Camp, home to 14,129 Rohingya, and
Nayapura Refugee Camp, which is in the Teknaf area, and is home to
19,659 refugees. Inter Sector Coordination Group (ISCG), Situation
Report: Rohingya refugee crisis, 26 April 2018, p. 7. For more on
the 1991–2 violence and expulsion, see Human Rights Watch, The
Rohingya Muslims: Ending a cycle of exodus?, September 1996.
76
77
UNCHR, Joint Bangladesh/UNHCR verification of Rohingya
refugees gets underway, 6 July 2018, https://www.unhcr.org/news/
briefing/2018/7/5b3f2794ae/joint-bangladeshunhcr-verificationrohingya-refugees-gets-underway.html
UNCHR, Joint Bangladesh/UNHCR verification of Rohingya
refugees gets underway, 6 July 2018.
78
79
Submission by the United Nations High Commissioner for
Refugees For the Office of the High Commissioner for Human Rights’
Compilation Report, Universal Periodic Review: 3rd Cycle,
30th Session, Bangladesh,
Bangladesh: Protection Working Group 2018 Rohingya Refugee
Response – Advocacy Paper n.1, 19 March 2018, https://reliefweb.int/
sites/reliefweb.int/files/resources/pwg_birth_registration_advocacy_
messages_120318.pdf.
81
Save the Children interview, February 2021. UNHCR, Independent
Evaluation of UNHCR’s Emergency Response to the Rohingya Refugees Influx
in Bangladesh, August 2017–September 2018, December 2018, p. 65,
https://www.unhcr.org/5c811b464.pdf.
82
83
Article 4.
84
The Citizenship (Amendment) Act, 2009 (Act No. 17 of 2009).
85
Save the Children interview, November 2020.
To date, there are an estimated 8,000 children of officially registered
refugees living in the camps.
86
87
Government of Bangladesh, Leaving No One Behind: Education for
girls and boys of Rohingya refugees and host communities in Cox’s
Bazar district of Bangladesh, Bangladesh Funding Proposal to the
Global Partnership for Education, 2018, p. 9, https://www.global
partnership.org/sites/default/files/20180813_gpe_proposal_rohingya_
final.pdf.
88
Human Rights Watch, Bangladesh: Rohingya Refugee Students Expelled,
1 April 2019, https://www.hrw.org/news/2019/04/01/bangladeshrohingya-refugee-students-expelled.
89
2020 Covid-19 Response Plan: Addendum to the Joint Response
Plan 2020, Rohingya Humanitarian Crisis, April-December 2020,
5 July 2020, p. 41, https://www.humanitarianresponse.info/sites/
www.humanitarianresponse.info/files/documents/files/covid-19_
addendum_rohingya_refugee_response_020720_1.pdf.
90
Save the Children Interviews, February and March 2021.
2020 Joint Response Plan: Rohingya Humanitarian Crisis
(January–December 2020) – Bangladesh, 3 March 2020, p. 71,
https://reliefweb.int/sites/reliefweb.int/files/resources/jrp_2020_final_
in-design_280220.2mb_0.pdf.
91
92
2020 Joint Response Plan: Rohingya Humanitarian Crisis (January–
December 2020) – Bangladesh, 3 March 2020, p. 58.
93
Save the Children Interviews, February and March 2021.
94
Save the Children Interviews, February and March 2021.
95
Save the Children Interviews, February and March 2021.
96
Save the Children Interviews, February and March 2021.
73
38
Article 5, 2004 Births and Deaths Registration Act.
80