A/HRC/39/CRP.2 An inadequate framework for repatriation 1183. On 23 November 2017, State Counsellor Daw Aung San Suu Kyi and Bangladesh’s Foreign Minister Mahmood Ali agreed upon a framework for cooperation and repatriation of Rohingya.2693 A joint working group on repatriation was formed, with initial indications of repatriations starting as of 23 January 2018. Myanmar was reported to have agreed to the repatriation of 1,500 Rohingya per week. 2694 At this rate, it would take more than 12 years to repatriate the Rohingya to their homes – and only once the repatriation begins, which it has not yet. 1184. Furthermore, the Myanmar Government has made repatriation of Rohingya refugees contingent on their verification as former residents of Myanmar and on their acceptance of NVCs. These conditions make returns difficult, if not impossible. The Rohingya have largely rejected acceptance of the NVCs, fearing that it would remove their right to remain in Myanmar. Moreover, the manner in which Rohingya left Myanmar meant that most no longer possess any documentation to prove former residency in Myanmar. Many interviewees informed the Mission that they were unable to bring any documentation when they fled. The Myanmar authorities have proof of identity and of residence for each Rohingya person resident in Rakhine State through their annual household registration process, but there is no information to suggest that these records have been made available to facilitate identification and repatriation. 1185. In June 2018, the Government of Myanmar, UNHCR and UNDP signed a Memorandum of Understanding (MoU) in relation to the repatriation process. 2695 The MoU was not developed in consultation with Rohingya refugees, as is required by UNHCR’s Handbook on Voluntary Repatriation.2696 As of September 2018, details of the MoU have not been made public and the Mission has not been afforded the opportunity to review its content. A leaked version circulating online suggests that some fundamental human rights issues may not be adequately addressed by the MOU, including the core issues of freedom of movement for the Rohingya beyond the borders of Rakhine State, and citizenship and statelessness. 2697 1186. Between 17 and 23 January 2018, the Myanmar authorities 2698 published lists with the names, photos and identifying information of more than 1,300 men, women and children who they accused of being involved in, or associated with, terrorism-related acts in Rakhine State. The lists contain photos accompanied by captions with information variously including the name, age, village, alleged offence, and other identifying information. Most individuals are identified as “the terrorist” while others are characterized as a “family member of terrorists” or having “sympathized with the terrorist groups.”2699 The full detailed list, prepared by the 2693 2694 2695 2696 2697 2698 2699 280 The Republic of the Union of Myanmar – Presidents Office, “Arrangement on Return of Displaced Persons from Rakhine State”, Agreement signed by the Union Minister for the Office of State Counsellor of Myanmar, and the Foreign Minister of Bangladesh (News Release, 23 November 2017), http://www.president-office.gov.mm/en/?q=issues/rakhine-state-affairs/id-8028 BBC, “Rohingya crisis: Bangladesh and Myanmar agree repatriation timeframe” (16 January 2018); Z. Siddiqui “More Rohingya flee Myanmar as Bangladesh prepares to start repatriation” (Reuters, 18 January 2018); V. Milko, “The plan to repatriate Rohingya refugees leads to fears of new dangers” (Washington Post, 31 January 2018). UNHCR, “UNHCR and UNDP sign a Memorandum of Understanding (MOU) with Myanmar to support the creation of conditions for the return of refugees from Bangladesh” (Press Release, 6 June 2018). UNHCR, “Voluntary Repatriation: International Protection” (Handbook, 1996). Memorandum of Understanding between the Ministry for Labour, Immigration and Population of the Government of the Republic of Myanmar and the United Nations Development Program and the Office of the United Nations High Commissioner for Refugees (Memorandum of Understanding, 30 May 2018), leaked version available at: https://www.scribd.com/document/382854287/The-MOUbetween-Myanmar-Government-and-UNDP-and-UNHCR. Lists were published in the English-language Global New Light of Myanmar newspaper, published by the Ministry of Information. Extracts were also published by the Office of the President of the Union, and by the Ministry of Foreign Affairs, which on 16 January 2018 requested Bangladesh authorities to extradite “accused” persons to Myanmar. E.g. Global New Light of Myanmar, “Member of ARSA Terrorist Group: Photos and information of ARSA terrorists who involved in Maung Taw counter attacks on 25 August 2017” (18, 19 and 20