In September 2019, a UN-backed International Independent Fact-Finding Mission found that the 600,000 Rohingya remaining in Myanmar “may face a greater threat of genocide than ever.” 10 These conditions undermine any claims by the Myanmar government that it is safe for refugees to return. “We know that thousands of Rohingya back in Myanmar are still in detention camps,” said a Rohingya refugee in Bangladesh. “If those people are released and return to their villages, then we will know it’s safe to return, and we’ll go back home.” 11 The International Court of Justice (ICJ) in January 2020 ordered Myanmar not to commit and to prevent genocide against the Rohingya while it adjudicates alleged violations of the Genocide Convention. 12 The International Criminal Court (ICC) in November 2019 began an investigation into Myanmar’s alleged forced deportation of Rohingya and related crimes against humanity. 13 Myanmar has not permitted the United Nations to investigate grave crimes inside the country. 14 Repatriation attempts by the Bangladesh government have failed because refugees are unwilling to return, saying they feared persecution in Myanmar. 15 In March 2020, the UN High Commissioner for Human Rights (UNHCR), the UN refugee agency, said that conditions in Rakhine State are not yet conducive to voluntary, safe, and dignified return of the Rohingya. 16 Myanmar has made claims since November 2017 about its readiness to repatriate Rohingya refugees, yet has shown no willingness to ensure safe, dignified, or voluntary 10 “Genocide Threat for Myanmar’s Rohingya Greater than Ever, Investigators Warn Human Rights Council,” UN News, September 16, 2019, https://news.un.org/en/story/2019/09/1046442 (accessed April 16, 2021). 11 Human Rights Watch, An Open Prison Without End. 12 Reed Brody, “International Court of Justice Orders Burmese Authorities to Protect Rohingya Muslims from Genocide,” Democracy Now! January 27, 2020, https://www.hrw.org/news/2020/01/27/international-court-justice-orders-burmeseauthorities-protect-rohingya-muslims (accessed April 15, 2021). 13 International Criminal Court, “ICC judges authorise opening of an investigation into the situation in Bangladesh/Myanmar,” November 14, 2019, https://www.icc-cpi.int/Pages/item.aspx?name=pr1495 (accessed April 15, 2021). 14 “Myanmar: Court Martial Latest Accountability Sham,” Human Rights Watch news release, July 3, 2020, https://www.hrw.org/news/2020/07/03/myanmar-court-martial-latest-accountability-sham. 15 “Myanmar/Bangladesh: Halt Rohingya Returns,” Human Rights Watch news release, August 20, 2019, https://www.hrw.org/news/2019/08/20/myanmar/bangladesh-halt-rohingya-returns. 16 “Greater progress needed to ensure safe return of displaced Rohingya: UN refugee agency chief,” UN News, March 3, 2020, https://news.un.org/en/story/2020/03/1058521 (accessed April 15, 2021). 15 HUMAN RIGHTS WATCH | JUNE 2021

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