SAHNI ARTICLE 3.3.21 (WORD) (DO NOT DELETE) 124 5/6/2021 7:21 PM Gonzaga Journal of International Law Vol. 24:2 technically can return—albeit at his or her risk and subject to restrictive living conditions.108 Myanmar has initiated efforts to repatriate refugees from the Host States109 including negotiating bilateral agreements since 1992.110 In 2017 Myanmar and Bangladesh signed the “Arrangement on return of Displaced Persons from Rakhine State.” The Agreement has not yet been implemented fully, though it is intended to be “a win-win situation for both countries.” 111 Article 6(a)(ii) expressly exempts repatriation of forced Returnees.112 It defines Returnees as persons who wish to return voluntarily.113 Article 9 does not limit the number of eligible Returnees. Yet, a Returnee must establish bona fide evidence of his or her prior residence in Myanmar.114 Article 7 classifies identity and residential documents, even if expired, as the requisite documentary evidence.115 Even then, repatriation Agreements and other attempts pose only partial solutions. The current cause of the Rohingya exodus is the 1982 Citizenship Act.116 The Act is discriminatory: (1) It withholds nationality from groups, including the Rohingya, arbitrarily.117 (2) It breaches Article 15(1) of the UDHR and (3) It should be revoked or amended to void the statelessness status of Rohingyas et al. B. Determining the Right to Nationality 1. When a State Revokes Access to Nationality Rights This section analyses cases where an individual loses access to his nationality rights as a direct result of state action. In this context, the individual is not at fault. He is rendered stateless as an additional repercussion. International and domestic courts should consider Article 15 of the UDHR as a paramount factor when they assess whether to provide recourse 108. 109. See id. ¶ 29. Human Rights Council Res. 34/22, U.N. Doc. A/HRC/34/L.5, ¶ 5-8 (Apr. 2017). (Paragraph six states: “Also calls upon the Government of Myanmar to take further measures for a voluntary and sustainable return of all internally displaced persons, refugees and others who have had to leave Myanmar, including from the Rohingya minority, in safety, security and dignity and in accordance with international law[.]”) 110. Thomas K. Ragland, Burma’s Rohingyas in Crisis: Protection of “Humanitarian” Refugees under International Law, 14 B.C. THIRD WORLD L. J. 301, 302 (1994). 111. The Republic of the union of Myanmar and the People’s Republic of Bangladesh signed the Arrangement on return of Displaced Persons from Rakhine State (available at https://www.president-office.gov.mm/en/?q=issues/rakhine-state-affairs/id-8028). The text of the Agreement can be found here: http://www.theindependentbd.com/assets/images/banner/lin ked_file/20171125094240.pdf. 112. Arrangement on Return of Displaced Persons from Rakhine State, Bangl-Myan, art. 6(a)(ii), Nov. 23, 2017. 113. Id. 114. See generally id. 115. Id. § 7. 116. See generally Mohajan, supra note 101, at 32. 117. Id. at 24.