United Nations
General Assembly

A/HRC/37/NGO/X
Distr.: GeneralXX February 2018
English only

Human Rights Council
Thirty-seventh session
26 February-23 March 2018
Agenda item 4
Human rights situations that require the Council’s attention
Written statement* submitted by Human Rights Now, a nongovernmental organization in special consultative status
The Secretary-General has received the following written statement which iscirculated in accordance with Economic and Social Council resolution
1996/31.
[02 February 2018]*This written statement is issued, unedited, in the language(s) received from the submitting non-governmentalorganization(s).

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Myanmar Must Not Obstruct Accountability for the Rohingya
Situation and Should Ensure the Rohingya Refugees’ Safe Return toa Stable Situation

1. Introduction—Facing up to the Rohingya Crisis
Human Rights Now (HRN), a Tokyo-based international human rights NGO, expresses grave
concern over the human rights situation of the Rohingya people in Rakhine State, Myanmar, as
well as in Bangladesh where many refugees have fled following violent crackdowns byMyanmar security forces.
HRN urges the Myanmar government to promote accountability for the violence against theRohingya, as well as to reform its repatriation policy so that the Rohingya can return to theirhomes in Myanmar.
2. Ongoing violence against the Rohingya and Developments in Government Policies
Following the attack on a military outpost by a group of Rohingya rebels on 25 August 2017,
Myanmar security forces launched a large-scale “clearance” operation targeting the Rohingya.
There are consistent reports of disproportionate use of force by military personnel and nonstate actors, including reports of extra-judicial killings, rape and arson.1 The turmoil in theRakhine State is part of a continuous cycle of violence. For example, similar reports ofwidespread violence by security forces surfaced in 2016 after armed militants attacked theMyanmar security forces.2
Because of these attacks, an estimate of over 650,000 Rohingya have fled to Bangladesh sinceAugust 2017.3 These refugees live in overcrowded camps, with poor hygiene, and lack accessto healthcare.
For instance, according to UNICEF, “as few as 3 percent of the children arriving from
Myanmar are properly immunized.”4

1 “Rohingya Crisis: Bangladesh to Restrict Movement of Migrants”, BBC, 16 Sept. 2017, http://www.bbc.com/news/world-asia-41291650. “HRW: Satellite Data Show Fires Burning in Rakhine State,” Al Jazeera, 30 Aug. 2017,
http://www.aljazeera.com/news/2017/08/hrw-satellite-data-show-fires-burning-rakhine-state-170829065457014.html.
“Independent International Fact Finding Mission on Myanmar concludes visit to Malaysia,” United Nations Office of the HighCommissioner of Human Rights, 11 December 2017,
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22522&LangID=E.
2 OHCHR, “Myanmar: UN expert warns of worsening rights situation after “lockdown” in Rakhine State,” 18 Nov. 2016,
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20895&LangID=E.
3 “Rohingya Emergency”, UNHCR, http://www.unhcr.org/rohingya-emergency.html (“Since 25 August 2017, as of 7 January
2018, according to UNHCR’s family-counting exercise.”).
4 UNICEF, “Rohingya Refugee Children: UNICEF Emergency Response in Bangladesh”, 15 Jan. 2018,https://www.unicef.org/infobycountry/bangladesh_100945.html.

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Additionally, in a camp near Cox’s Bazar, Bangladesh, refugees are contracting diphtheria, and28-related deaths have been reported thus far.5 The conditions in the refugee camps areclearly placing the refugees at a higher risk of contracting diseases. In addition to illness andmalnutrition, the upcoming monsoon season threatens the lives of tens of thousands ofrefugees.6
In November 2017, the Myanmar government signed an agreement with Bangladesh on therepatriation of Rohingya refugees,7 However, as of the date of this statement, the process ofrepatriating Rohingya refugees from Bangladesh has been put on hold by Bangladesh
authorities.8 Furthermore, under current Myanmar policies, the Rohingya will still be required
to present official documents upon repatriation.9 This may disqualify most Rohingya, who areconsidered illegal immigrants and denied citizenship.
Finally, despite an overwhelming number of testimonies from refugees and condemnations
from the international community, Myanmar authorities have consistently denied theaccusations with the exception of a case where the army admitted to extra judicial killings ofvictims they called “Bengali terrorists” 10 The government’s denial encompasses actions likethe arbitrary arrest of journalists in retaliation for their reports on the refugee situation inRakhine State, the release of a statement of “non-cooperation” with the U.N. Special
Rapporteur along with a denial of access into the country, and the denial of access to the UN
fact-finding mission enacted by the Human Rights Council in March 2017.11
5 Ferrie, "Vaccination Ramps Up in Diphtheria-Hit Rohingya Refugee Camps." Reuters, 15 Jan.

2018,https://www.reuters.com/article/us-bangladesh-rohingya/vaccination-ramps-up-in-diphtheria-hit-rohingya-refugeecamps-idUSKBN1F41JU. Bennett, "Rohingya Face Hunger and Disease in Bangladesh Refugee Camp after Escaping Myanmar
Violence”, ABC News, 24 Sept. 2017,
http://www.abc.net.au/news/2017-09-24/rohingya-face-hunger-and-disease-in-bangaldesh-refugee-camp/8978882.
6 Schlein, "Upcoming Monsoons in Bangladesh Put Rohingya Children at Risk", VOA, 17 Jan.
2018,https://www.voanews.com/a/monsoons-bangladesh-rohingya-children/4211488.html.
7 Holmes, “Myanmar Signs Pact with Bangladesh over Rohingya Repatriation”, The Guardian, 23 Nov 2017,https://www.theguardian.com/world/2017/nov/23/myanmar-signs-pact-with-bangladesh-over-rohingya-repatriation.
8 Cochrane, "Rohingya Repatriation Delayed by Bangladeshi Officials Just Hours Before It was Due to Begin." ABC News, 23Jan. 2018, http://www.abc.net.au/news/2018-01-23/bangladesh-delays-rohingya-repatriation-over-logistics/9350772.
9 Holmes, "Myanmar Signs Pact with Bangladesh Over Rohingya Repatriation,” The Guardian, 23 Nov. 2017,https://www.theguardian.com/world/2017/nov/23/myanmar-signs-pact-with-bangladesh-over-rohingya-repatriation.
10 “Myanmar army rejects UN Rohingya abuse claims” BBC 23 May 2017
http://www.bbc.com/news/world-asia-42639418. Rohingya crisis: Myanmar army admits killings 10 January 2018,
http://www.bbc.com/news/world-asia-42639418
11 "Two Reuters Journalists Arrested In Myanmar, Face Official Secrets Charges", Reuters, 13 Dec. 2017,https://www.reuters.com/article/us-myanmar-journalists/two-reuters-journalists-arrested-in-myanmar-face-officialsecrets-charges-idUSKBN1E71CO. “Myanmar refuses access to UN Special Rapporteur,”
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22553&LangID=E. “Myanmar bars U.N. rights
investigator before visit. “ Reuters. December 20, 2017https://uk.reuters.com/article/uk-myanmar-rohingya-investigator/myanmar-bars-u-n-rights-investigator-before-visitidUKKBN1EE0UP?feedType=RSS&feedName=topNews&rpc=69. Fact Finding Mission Statement to the Special Session of the
Human Rights Council on the “Situation of human rights of the minority Rohingya Muslim population and other minorities inRakhine State of Myanmar" December 5, 2017
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22495&LangID=E3

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3. Myanmar Must Accept Accountability for its Treatment of the Rohingya
Investigation by a neutral third party and transparency is necessary to provide accountability
for the responsible parties and fight the core issue of the recurring violence against Rohingya
in Myanmar. The UN General Assembly has emphasized the need for transparency through“full, unrestricted and unmonitored access” for investigations in its situation report onMyanmar from 31 October 2017.12 Similarly, the UN Security Council has called upon theMyanmar government to allow transparent investigations and uphold accountability.13 TheMyanmar government’s denial of the Rohingya situation, including the arrest of thejournalists and refusal to allow entry to the UN Special Rapporteur and UN fact-finding
mission undermine the call for transparency and accountability.
3. Myanmar Must Do More to Facilitate the Repatriation of the Rohingya Refugees
Concerns have been raised that the repatriation agreement between the Myanmar andBangladesh governments may not fully ensure the voluntary and safe return of the refugees toa stable situation consistent with the principle of non-refoulement, recognized as customaryinternational law.14 For example, UN Secretary General Antonio Guterres has highlighted therisk of a flawed return plan that would result in the relocation of Rohingya from refugee
camps in Bangladesh to displacement camps in Myanmar.15 Additionally, the repatriation
solution proposed by Myanmar does not offer long term solutions, such as citizenship andhousing, to the Rohingya. Moreover, authorities have rejected opportunities to collaboratewith the UNHCR and IOM to craft a repatriation process that could comply with the obligation
to uphold non-refoulement.
Myanmar’s policies also undermine its obligation under Article 12 of the ICCPR to protect thefreedom of movement of the Rohingya.16 Specifically, the policy requiring the Rohingya to
produce official documentation upon repatriation will likely hamper the Rohingya’s ability
return to their homes in Myanmar, due to their lack of citizenship status, noted above.

12 UN General Assembly, “Situation of human rights in Myanmar,” 31 October 2017, A/C.3/72/L.48,
https://undocs.org/A/C.3/72/L.48.
13 UN Security Council, “Security Council Presidential Statement Calls on Myanmar to End Excessive Military Force,
Intercommunal Violence in Rakhine State,” 6 November 2017, SC/13055,
https://www.un.org/press/en/2017/sc13055.doc.htm.
14 UNHCR, “UNHCR Note on the Principle of Non-Refoulement," Refworld, Nov. 1997,
http://www.refworld.org/docid/438c6d972.html.
15 Paul and Lee, “Bangladesh Agrees with Myanmar to Complete Rohingya Return in Two Years”,
Reuters, 16 Jan. 2018, https://www.reuters.com/article/us-myanmar-rohingya-bangladesh/bangladesh-agrees-withmyanmar-to-complete-rohingya-return-in-two-years-idUSKBN1F50I2.
16 Beech, “’No Such Thing as Rohingya’: Myanmar Erases a History." New York Times, 2 Dec. 2017,https://www.nytimes.com/2017/12/02/world/asia/myanmar-rohingya-denial-history.html.

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4. Recommendations—The Government of Myanmar Must Not Obstruct Accountability
for the Violence Against the Rohingya, and Should Reform its Repatriation Policy
HRN is gravely concerned by the refugee crisis and persecution of Rohingya in Myanmar andurges the Myanmar government to:a. Ensure all military operations and human rights abuses in Rakhine State havestoppedb. Release journalists Wa Lone and Kyaw Soe Oo from arbitrary arrest.17c. Allow the fact-finding mission set in place by the Human Rights Council in March 2017
to enter Myanmar and investigate the alleged abuses. 18
d. Conduct independent investigations of alleged crimes and hold accountable any official
or non-state actor responsible for criminal acts.
e. Allow unfettered access to all relevant international officers and organizations andwork alongside international actors to ensure the safe and voluntary return of refugees
to Myanmar.
f. Ensure the timely and safe return of Rohingya as opposed to long-term settlement in
displacement camps. This includes guarantees of non-recurrence of the violenceagainst Rohingya, reexamining the 1982 Nationality Law to give proper citizenship to
the Rohingya population, and respecting their civil liberties.
g. Implement the Governmental Advisory Commission’s recommendations released inAugust 2017 in order to solve the structural issues in Myanmar.

17 "Two Reuters Journalists Arrested In Myanmar, Face Official Secrets Charges", Reuters, 13 Dec. 2017,https://www.reuters.com/article/us-myanmar-journalists/two-reuters-journalists-arrested-in-myanmar-face-officialsecrets-charges-idUSKBN1E71CO.
18 OHCHR, “Independent international fact-finding mission on Myanmar,” 24 Mar. 2017,
http://www.ohchr.org/EN/HRBodies/HRC/MyanmarFFM/Pages/Index.aspx.

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