A/HRC/39/CRP.2 1177. Accordingly, those displaced in and from Rakhine State should be able to return safely to their places of origin and participate in activities to rehabilitate and restore their homes and livelihoods. Importantly, a safe return for the displaced requires a guarantee that their human rights will be respected, protected and fulfilled. This includes the right to a nationality, but also the fundamental rights to life; liberty and security of person; not to be subjected to torture or cruel, inhuman or degrading treatment or punishment; and freedom of movement. It requires access to livelihood, education and health care. Underlying all these rights is the principle of non-discrimination. 1178. As will be discussed in detail in chapter VIII on accountability, victims of serious human rights violations also have the right to equal and effective access to justice; adequate, effective and prompt reparation for harm suffered; and access to relevant information concerning violations and reparation mechanism. They have the right to truth and justice and to guarantees of non-recurrence. 1179. The Government of Myanmar is under an obligation to ensure the realization of these rights for the displaced Rohingya. To respect its duties under international law, the Government must facilitate their return. This includes the creation of conditions and the provision of means that allow them to return voluntarily, in safety and with dignity to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.2688 (c) Impossibility of return 1180. A series of factors provide a bleak outlook for the possibility of Rohingya refugees returning to Myanmar. The circumstances of Rohingya who have remained in Rakhine State since August 2017 are difficult, with widespread human rights violations still being perpetrated. This is exemplified by the fact that, as of August 2018, Rohingya have continued to leave Myanmar at an average rate of 1,733 a month throughout 2018. 1181. While the Myanmar Government has, in principle, committed to Rohingya repatriation,2689 nothing thus far indicates this will be in a manner ensuring respect for human rights, essential for a safe, dignified and sustainable return. The repatriation procedure requires acceptance of National Verification Cards (NVCs) and processing in barbed-wired reception centres. The root causes of the exodus, including State-sanctioned oppression and an exclusionary and divisive rhetoric, are denied and continue unabated. The security forces who perpetrated gross human rights violations, with impunity, would be responsible for ensuring the security of returnees. Repatriation in such condition is inconceivable. As such, at the current time there is little or no realistic prospect of repatriation. OCHA 2690, UNHCR, 2691 and the ICRC2692 have each publicly stated, in April and July 2018 respectively, that the conditions do not exist for returns to take place. 1182. On the contrary, Myanmar is making active efforts to prevent this return, through the consolidation of the destruction of Rohingya villages, through appropriation of vacated land and terrain clearance, erasing every trace of the Rohingya communities, and the construction on this land of houses for other ethnic groups. Other infrastructure projects appropriating Rohingya lands, including new roads and mines, are also underway. 2688 2689 2690 2691 2692 See e.g. United Nations Guiding Principles on Internal Displacement (1998), principle 28. Republic of the Union of Myanmar - Office of the President, (Press Release, 7 September 2018), http://www.president-office.gov.mm/en/?q=briefing-room/news/2018/09/07/id-8986 OCHA, “UN Deputy Humanitarian Chief: All people affected by humanitarian crises in Myanmar must get the assistance and protection they need” (End of Mission Statement, 8 April 2018); V-147 UNHCR, “Bangladesh and UNHCR agree on voluntary returns framework for when refugees decide conditions are right” (Press Release, 13 April 2018). ICRC, “ICRC President Peter Maurer calls Bangladesh-Myanmar crises ‘lose-lose situation for people’” (Statement, 3 July 2018). 279