narrative that Rohingya are ‘illegal Bengali’ and a threat to national security. The criminalisation and dehumanisation of the Rohingya in this way is another example of the genocide risk factor indicator of ‘widespread or systematic discriminatory or targeted practices or violence against the lives, freedom or physical and moral integrity of a protected group’. (ii) Background to the camps where 130,000 Rohingya are indefinitely detained 2022 marks a decade of indefinite detention in appalling conditions for around 130,000 Rohingya confined to camps across Central Rakhine State, in violation of international law.li Although the Rohingya had already faced decades of what the UNFFM has described as ‘severe, systemic and institutionalised oppression, from birth to death’lii, the State-orchestrated violence in 2012-13 marked a critical juncture in the military authorities’ treatment of the group. The false narrative of ‘intercommunal violence’ constructed by the military authorities was used as a pretext to introduce draconian restrictions on freedom of movement for the Rohingya across Rakhine State. Rohingya displaced by the violence in central Rakhine State were segregated and confined to camps, in violation of international law. The enduring impact of the violence of 2012-2013 is often overlooked in the wake of the mass killings and other atrocity crimes that took place in 2016-2017. In fact, the State-orchestrated violence in 2012-2013 laid the groundwork for the brutal ‘clearance operations’ that were to follow. The military authorities’ narrative of ‘intercommunal’ violence between ethnic Rakhine and Rohingya communities in 2012-2013 was wholly discredited by the UNFFM’s 2018 report, which demonstrated that the violence against the Rohingya was planned and instigated by government officials and state security forces.liii It followed a carefully-crafted hate campaign that portrayed the Rohingya and other Muslims as an existential threat to Buddhism and to Myanmar, described in detail in the UNFFM’s 2018 report.liv In addition to orchestrating the violence, security forces committed serious human rights violations against Rohingya across Rakhine State, such as indiscriminate extrajudicial killings (including of women, children and the elderly), sexual violence (including rape, mutilation, and sexual slavery), mass arbitrary arrests of Rohingya and torture carried out in police stations and Buthidaung prison, the burning of homes, destruction of mosques and looting of shops.lv This campaign of violence forced 140,000 people to flee their homes.lvi Around 95 per cent of those who were displaced in the violence of 2012-13 were Muslims, most of them Rohingya and the rest Kaman. Most Rakhine displaced by the violence received assistance from the authorities to return home or resettle by the end of 2015. lvii After losing family members as well as their homes, land and businesses in the violence, the Rohingya and most Kaman remain in camps. The authorities decided on the locations of camps and denied the majority of humanitarian agency requests for sufficient land and resources to construct camps that would comply with international humanitarian standards, resulting in overcrowded, unsanitary sites prone to flooding.lviii Many of the camps are surrounded by barbed wire, military camps, security guards and checkpoints, including inside the camps. Access to the camps and sites remains restricted. In 2018 the UNFFM found that the confinement of Rohingya in camps constituted ‘arbitrary and discriminatory deprivation of their liberty’.lix That same year squalid conditions in the camps were described by then-United Nations Assistant Secretary-General Ursula Mueller as “beyond the dignity of any people”.lx In April 2017, the authorities announced that it would begin closing camps in response to the recommendations in an interim report from the Advisory Commission on Rakhine State led by the late UN Secretary-General Kofi Annan. Three camps (Kyein Ni Pyin, Nidin, and Taung Paw) were officially declared ‘closed’ in 2018 with a fourth (Kyauk Ta Lone) since earmarked for closure. These camp closure processes violate international human rights law. Rohingya have been denied the right to return to their places of origin, against their express wishes. They have received no compensation or reparation for their lost homes and property, and much of their land has been taken over by ethnic Rakhine. The only change within the camps declared ‘closed’ has been the construction of poor-quality individual housing in the same locations or adjacent sites. There have been no changes to freedom of movement and severe restrictions on access to basic services remain in place. In 2020 Human Rights Watch (HRW) reported various forms of coercion, pressure and threats that Rohingya faced to accept the ‘relocation’ to individual 9

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