A/HRC/39/64
reason for arrest, nor brought before a judge. In one incident in Monekoe, Shan State, more
than 100 individuals were arrested and detained in November 2016.
64.
As in other areas of Myanmar, forced labour has been a common feature of life for
many in northern Myanmar. The mission verified a pattern of systematic use by the
Tatmadaw of forced labour, including for portering or digging trenches, or as guides or
cooks. Soldiers routinely arrived in villages without warning and took people for forced
labour for up to weeks at a time. Some of those taken were required to fight for the
Tatmadaw. The Tatmadaw recruited children throughout the period under review, although
it has made some effort to address this issue.
65.
Violations against ethnic and religious minorities in northern Myanmar are often
committed with persecutory intent, in a context of severe discrimination based on ethnic or
religious grounds. This has led, for example, to the destruction or ransacking of churches
and religious objects during military operations (and sometimes to the subsequent
construction of Buddhist pagodas), but also in the use of insulting language while the acts
were being committed.
2.
Violations and abuses by “ethnic armed organizations”
Since my son was forcibly recruited in 2016, I have not heard from him. I always
check Facebook to see if I will recognize him in a post, either dead or alive.
66.
Ethnic armed organizations committed international humanitarian law violations and
human rights abuses, many in the context of hostilities between the Ta’ang National
Liberation Army and the Shan State Army-South, including abduction and detention, illtreatment and destruction or appropriation of civilian land and property. There have been
instances where these groups, as well as the Kachin Independence Army and the Myanmar
National Democratic Alliance Army, have failed to take precautionary measures to protect
civilians in attacks and forcibly recruited adults and children. Some put immense economic
pressure on civilians through arbitrary “taxation”. The extent to which rape, torture and
killings were committed requires further investigation.
67.
While the mission’s information on violations and abuses by ethnic armed
organizations may not be representative, accounts would indicate that these are frequent but
generally not systematic. This warrants further investigation.
3.
Devastating humanitarian impact
68.
Poverty levels in Kachin and Shan are high. The hostilities in northern Myanmar
have compounded the humanitarian situation. People trapped in conflict-affected areas have
been denied safe passage to leave. Others are unable to return because their homes have
been looted and/or destroyed, because of continuing fighting or the presence of landmines,
or because their land was appropriated after they fled, including by the Tatmadaw and
corporations. This has resulted in protracted situations of internal displacement.
69.
An estimated 100,000 people in Kachin and Shan have been living in displacement
camps or camp-like situations since 2011. They live in overcrowded conditions with
inadequate shelter. Access to food and health care is limited, while the rate of chronic
malnutrition is well above the national average. Outbreaks of preventable diseases are
reported. Access to education at all levels is inadequate. Furthermore, the cycle of
temporary displacements continues. Among non-displaced populations, access to education
and health care is often disrupted by fighting.
70.
Humanitarian assistance has been frequently and arbitrarily denied, and despite the
clear need thereof, the movement of relief personnel has been restricted for long periods of
time. Access has significantly deteriorated since June 2016, to a point where international
humanitarian actors are unable to assess needs or provide assistance to the majority of
displaced persons, exacerbating already dire conditions. Local organizations also are
increasingly restricted.
13
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