A/HRC/42/CRP.5 MoU.420 At the time of writing it had held four rounds of meetings with no breakthrough regarding the question of repatriation.421 196. In April 2018 Bangladesh and UNHCR signed another MoU that establishes a bilateral cooperation framework for the voluntary, safe and dignified repatriation of Rohingya refugees to Myanmar.422 A verification team was set up to consolidate a unified database for purposes of protection, identity management, documentation, provision of assistance, population statistics and ultimately to find solutions for almost one million refugees.423 197. A separate tripartite MoU was signed by the Government of Myanmar, the United Nations Development Programme (UNDP) and the United Nations High Commissioner for Refugees (UNHCR) in June 2018.424 It was renewed on 28 May 2019.425 The MoU has not been officially released but is widely publicly available. It appears to require the Government of Myanmar to work towards a durable solution for the displaced from Rakhine and to ensure that they are able to return to their own households and original places of residence, or to a safe and secure place nearest to it of their choice, based on their well-informed decision.426 198. Under the MoU between the Government of Myanmar, UNHCR and UNDP, the two UN agencies have begun implementing “quick impact projects”, 427 but access restrictions on UN agencies remain in place. Following the signing of the MOU, after months of delay, UNHCR and UNDP were allowed to carry out two initial assessments in Rakhine State between September and December 2018, which were limited in scope and in the locations visited,428 prompting the agencies to call on the Government of Myanmar for effective access to Rakhine State.429 Further access restrictions were imposed following the recent 420 421 422 423 424 425 426 427 428 429 Dhaka Tribune, Rohingya repatriation: Joint working group formed, repatriation process to begin by January 23, 19 Decemeber 2017. Dhaka Tribune, Rohingya repatriation: 4th JWG meeting in Naypyidaw ends without any breakthrough, 3 May 2019. UNHCR Bangladesh Operational Update, 5 April – 20 April 2018, available from https://reliefweb.int/report/bangladesh/unhcr-bangladesh-operational-update-5-april-20-april-2018. Over 168,000 Rohingya likely fled Myanmar since 2012, with an estimated 74,000 seeking refuge in Bangladesh following the October 2016 violence. See UNHCR report, 3 May 2017, available from https://www.unhcr.org/news/latest/2017/5/590990ff4/168000-rohingya-likely-fled-myanmar-since2012-unhcr-report.html, Joint Bangladesh/UNHCR verification of Rohingya refugees gets underway, available from https://www.unhcr.org/news/briefing/2018/7/5b3f2794ae/joint-bangladeshunhcrverification-rohingya-refugees-gets-underway.html. UNHCR and UNDP Sign a Memorandum of Understanding (MOU) with Myanmar to Support the Creation of Conditions for the Return of Refugees from Bangladesh, available from http://www.mm.undp.org/content/myanmar/en/home/presscenter/pressreleases/2018/unhcr-undpsign-mou-myanmar.html. UNHCR, UNDP and Government of the Union of Myanmar extend MoU, available from http://www.mm.undp.org/content/myanmar/en/home/presscenter/pressreleases/2019/unhcr-undpgovernment-of-the-union-of-myanmar-extend-mou.html. The MoU has never been made public. Versions of the MoU have been published on the internet. However, the Mission is not in a position to assess whether these versions are authentic. Government approves community-based projects in Rakhine State, UNDP, 14 December 2018; FFFGEN-1-85661. UNHCR-UNDP statement: Government approves community-based projects in Rakhine State, available from https://reliefweb.int/report/myanmar/unhcr-undp-statement-government-approvescommunity-based-projects-rakhine-state, See also UNHCR and UNDP complete first assessments in Myanmar’s northern Rakhine, available from https://www.unhcr.org/news/briefing/2018/9/5b9241dc4/unhcr-undp-say-ready-initial-villageassessments-myanmars-rakhine-state.html. UNHCR, UNDP say ready to do initial village assessments in Myanmar’s Rakhine State, available from https://www.mm.undp.org/content/myanmar/en/home/presscenter/articles/2018/unhcr-andundp-complete-first-assessments-in-rakhine.html, see also UNHCR, UNHCR, UNDP say ready to do initial village assessments in Myanmar’s Rakhine State, 7 September 2018, available from https://www.unhcr.org/news/briefing/2018/9/5b9241dc4/unhcr-undp-say-ready-initial-villageassessments-myanmars-rakhine-state.html, Relief Web, UNHCR-UNDP statement: Government 63

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