A/HRC/43/59
been reported to the Special Rapporteur that the villagers are unable to cultivate their land
due to landmine contamination, leaving them little access to food and livelihoods.
57.
The Special Rapporteur visited internally displaced persons in Sittwe several times
and saw the deplorable conditions in which over 130,000 persons, mostly Rohingya, have
been confined for nearly eight years. The Special Rapporteur also visited internally
displaced persons in Kachin, where 97,000 persons are displaced, and in Shan, where there
are 9,600 internally displaced persons, all of whom have been living in displacement camps
since around 2011. The United Nations and international humanitarian organizations have
not had access to 40,000 of those displaced in areas controlled by ethnic armed
organizations in Kachin since mid-2016, and for international and national humanitarians
access to government-controlled areas in Kachin and northern Shan is limited.
6.
Refugees
58.
The Special Rapporteur has visited the Rohingya refugees in Cox’s Bazar camps
since 2016, when up to 80,000 people fled there following security operations in Rakhine
that October. There are currently 914,998 Rohingya refugees in the Cox’s Bazar camps,
over 730,000 of whom fled following the August 2017 security operations, and refugees
continue to arrive. While a repatriation agreement was reached by the Bangladesh and
Myanmar Governments in late 2017, and two attempts to start repatriation have been made,
refugees remain firm in their view that they will not return home until they can do so in
safety and dignity. The conditions in Myanmar are not conducive for their return at this
time, and vast changes must be made in order for that to be the case. The Special
Rapporteur welcomes the recent announcement by the Government of Bangladesh that they
will pilot a formal education programme for Rohingya children following the Myanmar
curriculum. However, the Special Rapporteur is concerned about recent constraints in the
camps that are worrying the refugees and plans to relocate refugees to Bhashan Char. All
decisions concerning the refugees must be carried out with their full, prior and informed
consent.
59.
Around 100,000 refugees from Myanmar remain in camps in Thailand. The situation
there has deteriorated, as donor priorities have failed to recognize that the situation in
Myanmar remains unstable. Fears over landmine contamination, ongoing militarization and
renewed conflict prevent refugees in Thailand from returning. The Special Rapporteur has
been informed about refugees’ concerns regarding data collection for “pre-national
verification” by the Government of Myanmar. This must not occur without safeguards and
their full, prior and informed consent.
III. Conclusion
A.
A way forward
1.
National dialogue
60.
While the democratic transition in Myanmar began around 2010, it is apparent
to the Special Rapporteur that it remains in its very early stages. Even within the
constitutional confines created by the military, the National League for Democracyled Government has had every opportunity to display leadership and undertake
reform to further the transition and improve the situation of human rights. However,
those opportunities have been squandered. There has been backsliding in many areas,
notably in the democratic space, the peace process has stalled, armed conflict rages on
and international crimes may have been perpetrated. While constitutional amendment
was a key aim and some attempts have been made to start the process, those efforts
are uncertain to achieve results now as the military remains opposed to them. The
Special Rapporteur is gravely concerned that the country may be steering itself away
from democracy; however, she believes that it is not too late to change course.
61.
In view of this, the Special Rapporteur proposes that Myanmar embark upon a
national dialogue to bring the nation together, provide a forum for debate and
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