A/HRC/42/CRP.5
Conclusions and legal findings
139. The Mission concludes on reasonable grounds that the Government undertook a
concerted effort to clear and destroy and then confiscate and build on the lands from which
it forcibly displaced hundreds of thousands of Rohingya. The consequences are two-fold.
This government-led effort subjugates Rohingya to inhumane living conditions as IDPs and
refugees by denying them access to their land, keeping them uprooted from their homes,
depriving them of their to ability to progress in healthy and safe communities and
preventing them from engaging in livelihood activities that sustain them as a people. The
second consequence of the Government’s four-pronged approach of clearing, destroying,
confiscating and building on land is that it is fundamentally altering the demographic
landscape of the area by cementing the demographic re-engineering of Rakhine State that
resulted from mass displacement. Much of this is being done under the guise of
“development”, with a clear discourse emerging to this effect in the immediate aftermath of
the August 2017 “clearance operations”.254
140. The Government’s four-pronged land approach represents a total onslaught against
the rights of the Rohingya, in particular their economic, social and cultural rights. To
understand its full consequences, the Mission finds it appropriate to assess this issue in
combination with its other findings and conclusions. As explained in greater detail in the
report’s Conclusions and legal findings: the impossibility of return, the Mission concludes
on reasonable grounds that land restrictions contribute to the Government’s continued
persecution of the Rohingya people and result in serious or great inhumane mental or
physical suffering, both of which are crimes against humanity. The manner in which the
Government deprives Rohingya of land is one of several indicators that the Mission has
identified to infer that the Government continues to harbour genocidal intent and that the
Rohingya remain under serious risk of genocide. Finally, the Mission concludes on
reasonable grounds that the Government’s severe land access restrictions contribute to an
overall condition that makes it unsafe, inhumane, unsustainable and impossible for
Rohingya who remain in Rakhine State and those who might be allowed to return to
Myanmar. The current situation of IDPs is a testament to what awaits Rohingya who might
return after having fled across the border.
C.
1.
Restrictions
Restrictions on movement
141. The Mission’s 2018 report documented government patterns and practices that
severely affected freedom of movement through harassment, vehicle searches,
interrogation, extortion, payment of bribes and physical abuse at security checkpoints. 255
These restrictions have continued unabated with an increased degree of severity.256 The
movement restrictions have been imposed more strictly through increased security patrols
and increased numbers of security checkpoints across Rakhine State. The consistent
requirement of a NVC or other travel documentation has led to arrests, detentions and
harassment of the remaining Rohingya. Rohingya face movement restrictions when they
want to travel inside their village tracts or to other tracts, Townships, or States. 257
142. The number of new Rohingya arrivals from Rakhine State to Bangladesh has seen a
dramatic drop, especially since March 2019.258 Only 1,051 individuals have arrived in
254
255
256
257
258
48
BBC, Myanmar’s Suu Kyi visits troubled Rakhine, 2 Movember 2017; Keynote speech by State
Counsellor at the Rakhine State Investment Fair, February 2019, https://www.investrakhine.com/
A/HRC/39/CRP.2, Para, 500, 508-516.
CI-229, CI-240, CI-246, CI-270, CI-273, CI-287, CI-288, CI-305, CI-308, CI-310, FI-007, FI-010,
FI-023, FI-024, FI-025, FI-026, FI-027, FI-028, FI-029, FI-031, FI-035, FI-046, FI-048, FI-052, FI053.
CI-240, FI-007, FI-010, FI-025, FI-027, FI-028, FI-029, FI-031, FI-046, FI-048.
FM-006, FM-007, RM-006, RM-010.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents