A/HRC/42/50 83. The Government has a new draft policy on the closure of the camps that, in principle, is a positive development towards the implementation of the Commission’s recommendations. It should be recalled, however, that, in the past, the Government had also claimed to have taken steps towards the implementation of the Commission’s recommendations on camp closure, but in ways that fell short of international human rights norms and standards. Rohingya continued to live in camps declared closed and to depend on humanitarian assistance due to the lack of access to livelihood opportunities and basic services, and continued to be subjected to restrictions on their freedom of movement. The policy of camp closure was described to the mission thus: “Rohingya are still detained in the same area; it is just not called a camp anymore.” 84. According to satellite imagery and witness testimony about the construction of new camps for displaced Rohingya refugees, the Government seems to be continuing its plan to keep the Rohingya off their lands to further segregate them from the rest of the population. 85. In May 2019, the tripartite memorandum of understanding between the Office of the United Nations High Commissioner for Refugees, the United Nations Development Programme and the Government of Myanmar aimed at creating conducive conditions for the voluntary, safe, dignified and sustainable repatriation of refugees from Bangladesh was extended for one year. The mission concludes, however, that the Government has not taken the steps necessary to put the requisite conditions for the return of the refugees in place. 86. The Government has also made little progress in repealing or amending the laws that institutionalize the persecution of the Rohingya. It has not implemented the recommendation made by the Advisory Commission on Rakhine State on setting in motion a process to review the 1982 citizenship law, nor its recommendations relating to the citizen verification process. On the contrary, the mission found that the authorities had intensified efforts, through threats and intimidation, to force the Rohingya to accept national verification cards. The mission found that the authorities had also forced Rohingya to accept the cards as a condition of release from prison. The mission received no reliable evidence that the cards had resulted in the relaxation of restrictions and improvement of rights for Rohingya cardholders. 87. The mission also received reports that the limited number of displaced Rohingya who had been returned to Myanmar from India were forcibly issued national verification cards as part of the administrative procedures enabling their return. 88. Forced labour remains deeply entrenched and prevalent in Rakhine State. The mission continued to document credible accounts of forced labour, including of the Tatmadaw forcing Rohingya to carry heavy packs and military and non-military equipment, work on construction projects and clear land for military bases. Rohingya were also being forced to build new camps that seemed destined for them in Buthidaung Township. The Tatmadaw would beat or slap forced labourers if they slowed the pace of their work, and would often not provide them with adequate food. 89. Having considered the Government’s widespread use of movement restrictions against the Rohingya, its physically abusive behaviour towards the Rohingya, its severe restrictions on humanitarian access, its failure to provide safe and sustainable opportunities for displaced Rohingya to return to their homes and its failure to amend or repeal laws that are foundational to the persecution of the Rohingya, the mission has reasonable grounds to conclude that the situation of the Rohingya remains largely unchanged since its previous report. If anything, the situation of the Rohingya in Myanmar is worse after another year of living in deplorable conditions. It also has reasonable grounds to conclude that the Government’s acts continue to be part of a widespread and systematic attack that amounts to persecution and other crimes against humanity against the remaining Rohingya in Rakhine State. 90. Furthermore, having considered the Government’s hostile policies towards the Rohingya, the living conditions to which it subjects them, its continued denial of their citizenship and ethnic identity, its failure to reform laws that subjugate the Rohingya people, the continuation of hate speech directed at the Rohingya, its prior commission of genocide and its disregard for accountability in relation to the “clearances operations” of 2016 and 2017, the mission also has reasonable grounds to conclude that there is a strong inference of genocidal intent on the part of the State, that there is a serious risk that genocidal actions may 14

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