A/HRC/42/CRP.5 demanded equal rights and freedoms, recognition as an ethnic group, freedom of movement and guarantees of citizenship438 as minimum preconditions for their return. 1. Historical factors 202. Any assessment of whether the human rights conditions are conducive for return must proceed on the basis of recognition that this is not the first time Myanmar has driven large numbers of Rohingya off their lands and into Bangladesh. 439 On the contrary, over the past sixty years there have been repeated periods of extreme violence against the Rohingya in Rakhine State leading to their displacement, indicating the Myanmar Government’s deeply rooted antagonism towards them.440 In the span of five years from 2012 and 2016, an estimated 168,500 Rohingya fled Myanmar as a result of violence and desperation.441 203. Bangladesh has hosted Rohingya refugees on each of these occasions in the past. However, each repatriation process has been tainted by reports of involuntary repatriation of Rohingya refugees to unsafe conditions, marred by coercion and violence, to ensure their return to Myanmar. They were returned to the same conditions as they fled and so subsequent displacement back into Bangladesh followed. 204. For example, in 1977, due to military operations in Rakhine State, some 200,000 Rohingya fled to Bangladesh. A bilateral repatriation agreement was signed on 9 July 1978 in Dhaka. The agreement did not have a provision for voluntary return and Myanmar made no commitment in the agreement to guarantee the rights and freedom of returnees. 442 Refugees objected to their repatriation, arguing that conditions were not conducive for return.443 Bangladeshi security forces reportedly intimidated the refugees, including by restricting food supplies.444 Médecins Sans Frontières estimated that some 10,000 refugees died from hunger and malnutrition in Bangladesh.445 Despite the conditions not being safe for return of refugees, over 190,000 refugees were forced back to Myanmar at the end of 1979.446 205. The two Governments signed another repatriation agreement following the departure of over 260,000 Rohingya from Myanmar to Bangladesh in 1992, following reports of extra-judicial killings, torture, rape and other violations against the Rohingya population in Rakhine.447 The two Governments committed to making the repatriation safe, voluntary and dignified.448 Once again, however, coercive tactics were reported by human rights 438 439 440 441 442 443 444 445 446 447 448 FI-051, FM-003, FM-007, RM-015, TM -010, The Guardian, Rohingya Call for Recognition as Myanmar Holds Fresh Repatriation Talks, 28 July 2019; Aljazeera, Myanmar Officials hold repatriation talks with Rohingya leaders, available from 27 July 2019; Relief Web, Rohingya Refugees Disappointed Again: Myanmar Delegation Fails to Make Convincing Case for Safe Return, 31 July 2019. In 1977, 1982, 2012 and 2016 and again in 2017. The Daily Star, The Rohingya- a history of persecution, 9 June 2014; The Conversation, the history of persecution of Rohingya, 21 September 2017. UNHCR, Mixed Movements in South-East Asia, available from https://unhcr.atavist.com/mm2016, UNHCR, Over 168,000 Rohingya likely fled Myanmar since 2012, available from https://www.unhcr.org/news/latest/2017/5/590990ff4/168000-rohingya-likely-fled-myanmar-since2012-unhcr-report.html. 1978 Repatriation Agreement, available from https://dataspace.princeton.edu/jspui/bitstream/88435/dsp01th83kz538/1/1978%20Repatriation%20A greement.pdf. Gil Loescher and James Milner, Protracted refugee situations: Political, human rights and security implications, Loescher, Milner and Troeller (eds), United Nations University Press, 2009, page 309. Ibid. Médecins Sans Frontières-Holland, 10 years for the Rohingya refugees in Bangladesh: Past, Present, and Future, March 2002, page 10. Gil Loescher et al, supra note 6, page 313, Human Rights Watch, Human Rights Watch, Burma: The Rohingya Muslims Ending a Cycle of Violence?, New York: Human Rights Watch, September 1996. E/CN.4/1993/37, Report of the Special Rapporteur on the situation of human rights in Myanmar, 17 February 1993. See Joint Statement by the Foreign Ministers of Bangladesh and Myanmar issued at the conclusion of the official visit of the Myanmar Foreign Ministers to Bangladesh from 23-28 April 1992. 65