A/HRC/42/50
prohibited crimes against humanity. The Government of Myanmar claims that it would
welcome back Rohingya returnees from Bangladesh. In the light of the continuing
persecution of remaining Rohingya, the legal conditionalities placed on return and the
unacceptable living conditions that await returnees, the mission regards these statements and
associated measures as lacking sincerity.
77.
The continued restrictions on the freedom of movement of Rohingya in Rakhine is
one of the clearest indicators of their chronic persecution. The restrictions began during the
violence in 2012 and have been gradually tightened since then. Following the “clearance
operations” that began on 25 August 2017, the Government enforced more severe movement
restrictions on the Rohingya through increased security and patrols and a larger number of
security checkpoints across Rakhine State. Individuals risk arrest, detention and
imprisonment if they fail to produce required travel documents at checkpoints.
78.
The mission documented cases of security forces and ethnic Rakhine beating,
extorting money and confiscating livestock or other valuables from Rohingya villagers in and
around their villages. At the time of writing, the Government continued to impose curfews
from 6 p.m. to 6 a.m. in Maungdaw, Buthidaung, Kyauktaw, Ponnagyun, Rathedaung,
Minbya and Mrauk-U Townships. While restrictions affect the freedom of movement of all
Muslims in Rakhine State, a discriminatory system of local orders has a disproportionate
impact on Rohingya communities in northern Rakhine due to their lack of documentation.
There have been no changes to tight restrictions on inter-township and inter-State travel of
Rohingya. In central, northern and southern parts of Rakhine State, verbally issued
instructions and threats by Rakhine elements pressure Rohingya to remain in their villages.
79.
The conflict with the Arakan Army may account for some of the current restrictions,
especially since January 2019, when heavy fighting between the Arakan Army and the
Tatmadaw began. However, in its previous report, the mission documented similar
restrictions targeting the Rohingya well before that date. The continuing denial of
humanitarian access for United Nations agencies since 10 January 2019 is also a continuation
of the Government’s humanitarian restrictions that purposefully and severely affect the rights
of the Rohingya. These restrictions on access have a direct and severe impact on the lives of
all communities, including in rural areas of Maungdaw, Buthidaung and Rathedaung
Townships; the situation for the Rohingya is, however, further exacerbated by their
dependence on humanitarian assistance due to movement restrictions, lack of documentation
and arbitrary treatment by security forces.
80.
The movement restrictions also affect access by the Rohingya to economic, social and
cultural rights, particularly basic services for health care and education, and livelihoods. New
Rohingya arrivals in Bangladesh reported lack of access to sustainable livelihood activities,
such as farming, fishing, bamboo cutting and collecting firewood, as a major reason for their
recent departure. The Tatmadaw and ethnic Rakhine continue to prevent farmers from
cultivating their lands and deliberately target their sources of food, including by burning
paddy fields, confiscating farming and fishing tools, confiscating rice and other food stocks,
and deliberately killing or confiscating livestock, such as cows, goats and chickens. A result
is a dramatic rise in food prices. Some have reported that Rohingya lands have been used by
the Tatmadaw for their own commercial purposes.
81.
Some 4,000 displaced Rohingya remain trapped in Konarpara, on the MyanmarBangladesh border, a “zero-point” (no man’s land) zone. Despite being predominantly on
Myanmar territory, they are unable to return to their villages as Myanmar has not permitted
their return. This is a further indication of the Government’s insincerity with regard to the
proposed repatriation process.
82.
At the time of writing, some 128,000 persons, including 126,000 Rohingya and 2,000
Kaman Muslims, remained in camps for internally displaced persons in central Rakhine,
living in appalling conditions, with no foreseeable or sustainable plan for their return to their
villages. This is the situation two years after the Advisory Commission on Rakhine State
called upon the Government of Myanmar, with the support of international partners, to
improve living conditions in the camps pending the development of sustainable solutions for
the displaced and to develop a comprehensive strategy for the closure of camps in accordance
with international standards.
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