Compilation of all recommendations made by the Independent International Fact-Finding Mission on Myanmar, to the
Government of Myanmar, armed organizations, the UN Security Council, Member States, UN agencies, the business
community and others in English
controlled by them (including subsidiaries) or their individual members, until and unless
they are re-structured and transformed as recommended by the Mission. These enterprises
include in particular MEHL and MEC and all of their subsidiaries and business
relationships. Relevant business relationships include granting loans to these companies or
investing capital into their operations and procuring services from Tatmadaw related
companies (including real estate rental). With respect to companies owned or controlled by
family members of Tatmadaw leaders, business enterprises should exercise extreme caution
and only enter into such relationships if they have assured themselves after heightened due
diligence, that it is a legitimate business not linked to or supporting the Tatmadaw.
Businesses active in Myanmar or trading with or investing in businesses in Myanmar or
considering doing so should use credible information, including this report, its list of
companies in the Annexes (and any updated information as it becomes available), and the
Mission’s 2018 report
when carrying out their due diligence assessments
(A/HRC/42/CRP.3);
124. Prohibit all contributions and donations to, and other funding of the Tatmadaw
directly or through business relationships with Myanmar companies (A/HRC/42/CRP.3);
125. Conduct all investment, including foreign investment, in conflict-affected areas,
especially in Kachin, Shan, and Rakhine States, in line with the UN Guiding Principles for
Business and Human Rights and subject all investments that are not already precluded from
the recommendations above to heightened due diligence, given the Mission’s findings
(A/HRC/42/CRP.3);
126. Any business enterprise purchasing natural resources from Myanmar highlighted in
this report, and in particular, jade and rubies, and timber from Kachin and Shan States,
should conduct heightened due diligence to ensure that the resources were not produced or
sold by enterprises owned or influenced by the Tatmadaw (including subsidiaries and joint
ventures) or individual members of the Tatmadaw. If so, they should not purchase or use,
directly or indirectly, the resources. The OECD Due Diligence Guidance for Responsible
Supply Chains of Minerals from Conflict-Affected and High-Risk Areas provides useful
guidance in this regard (A/HRC/42/CRP.3);
127. Businesses buying goods from Myanmar should apply rigorous standards of due
diligence to their supply chains, to ensure that none of their products are coming from
Tatmadaw-related businesses. Businesses should also make the origins of their products
clear, to allow consumers to make informed choices (A/HRC/42/CRP.3).
To consumers:
128. Those considering travelling to Myanmar should avoid dealing with MEHL, MEC
and their subsidiaries and any other company owned or influenced by the Tatmadaw, using
the list of companies in the Annexes to this report (and any updated information as it
becomes available) to inform their consumer choices, given the Tatmadaw companies’
involvement in the hotel and tourism industry (A/HRC/42/CRP.3);
129. Refrain from purchasing jade or rubies produced, sold or exported by MEHL, MEC
and their subsidiaries and any other company owned or influenced by the Tatmadaw or
whose origin is unclear, given the high likelihood of them having originated in Kachin and
Shan States in Myanmar, the involvement of Tatmadaw businesses in the jade and ruby
mining, and the close association that the mining industry has with Myanmar’s human
rights crisis (A/HRC/42/CRP.3);
130. Scrutinize goods originating from Myanmar, using the list of companies in the
Annexes to this report (and any updated information as it becomes available) to inform
consumer choices, and support non-Tatmadaw businesses in Myanmar by purchasing goods
from businesses without links to the Tatmadaw (A/HRC/42/CRP.3).
18
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