A/HRC/42/CRP.5 trace of the Rohingya, their life and community as it had existed for decades, was removed” and that “indeed the clearance operations were successful”. 68 The Mission concluded on reasonable grounds that, in addition to crimes against humanity and war crimes, the factors allowing for inference of genocidal intent were also present.69 57. Based on information gathered by the Mission over the last year, this section describes the human rights situation of the approximately 600,000 Rohingya that remain in Rakhine State, of which 126,000 are in internally displaced camps and the remaining nondisplaced population is spread across 10 townships.70 58. Rohingya are faced with a situation where they continue to be denied the legal status of citizens and live in dire conditions. The Mission’s findings conclude that the Myanmar Government bears responsibility for the severe inhumane suffering that displaced Rohingya are facing. The policies and practices also make return impossible and are indicative of the continued persecution of the Rohingya population as a crime against humanity. The Mission concludes, based on its findings, that grave violations against the Rohingya continue and that there is a real and significant danger of the situation deteriorating further. The Mission also has reasonable grounds to conclude that the evidence that infers genocidal intent on the part of the State against the Rohingya, identified in its last report, has strengthened, that there is a serious risk that genocidal actions may occur or recur, and that Myanmar is failing in its obligation to prevent genocide, to investigate genocide and to enact effective legislation criminalizing and punishing genocide. 59. One year since the publication of its report, and two years since the “clearance operations” that began on 25 August 2017 and resulted in the exodus of over 743,000 Rohingya to neighbouring Bangladesh, the situation in Rakhine State also makes the prospect for a return of the Rohingya population impossible in the foreseeable future. This was the conclusion of the Mission last year and this remains its conclusion at present. 71 A. Citizenship 60. In its 2018 report, the Mission found that “the lack of legal status and identity is the cornerstone of the oppressive system targeting the Rohingya”.72 It found that the denial of citizenship had a profound impact on the enjoyment of other fundamental rights and that the requirement of membership of a “national race” as a key criterion of Myanmar citizenship was profoundly discriminatory against the Rohingya.73 61. Section 347 of the 2008 Constitution of Myanmar stipulates that the Government is to “guarantee any person to enjoy equal rights before the law and shall equally provide legal protection”. The reality is that rights, such as the right to access to education, health care and livelihood activities, are linked to citizenship. 74 Most notably, Constitutional provisions link land ownership with citizenship,75 giving rise to a well-founded fear that Rohingya can be legally dispossessed of their lands without confirmation of citizenship. 68 69 70 71 72 73 74 75 18 A/HRC/39/CRP.2, para. 1439. A/HRC/39/CRP.2, paras. 1441, 1511 and 1516. UNICEF, Investing in children should be the foundation of Myanmar’s progress and development, 31 January 2019, available from https://www.unicef.org/eap/press-releases/investing-children-should-befoundation-myanmars-progress-and-development; https://www.msf.org/independent-humanitarianagencies-and-access-healthcare-still-blocked-northern-rakhine, 15 August 2018. A/HRC/39/CRP.2, paras. 1180-1182. A/HRC/39/CRP.2 para. 491. A/HRC/39/CRP.2 para. 491-492. https://www.icj.org/wp-content/uploads/2019/06/Myanmar-Citizenship-law-reform-AdvocacyAnalysis-Brief-2019-ENG.pdf. Constitution of Myanmar, see sections 37(c) and 357.