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
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