A/HRC/45/5
I. Introduction
1.
The present report is submitted pursuant to Human Rights Council resolution 42/3,
in which the United Nations High Commissioner for Human Rights was requested to
follow up on the implementation by the Government of Myanmar of the recommendations
made by the independent international fact-finding mission, including those on
accountability, and to continue to track progress in relation to human rights in Myanmar,
including of Rohingya Muslims and other minorities.
2.
The report was prepared on the basis of primary and secondary information
collected from various sources – including primary witness testimonies, the Government,
the United Nations, civil society organizations, representatives of ethnic and religious
minority communities, diplomats, media professionals, academics and other experts.
Without access to the country, the Office of the United Nations High Commissioner for
Human Rights (OHCHR) adhered to a consistent methodology of gathering information via
remote interviews conducted with over 80 victims and witnesses of human rights violations
and abuses. Primary sources were subjected to a rigorous verification and corroboration
process using a variety of independent or other sources, including, but not restricted to,
satellite imagery and reports and statements by the Government. Factual determinations on
cases, incidents and patterns were made where there were reasonable grounds to believe
that incidents had occurred as described. OHCHR sought input from the Government on the
issues raised in the present report and a draft was shared with the Government for
comment. No response has yet been received.
3.
The mandate of the fact-finding mission 1 expired in September 2019. The factfinding mission issued two mandated reports 2 and four thematic papers.3 For the present
report, OHCHR analysed 109 recommendations made by the fact-finding mission to the
Government and the United Nations in Myanmar, grouped thematically, including on
conflict and the protection of civilians; accountability; sexual and gender-based violence;
fundamental freedoms; economic, social and cultural rights; institutional and legal reforms;
and actions by the United Nations system.
II. Situation of human rights
A.
Conflict and the protection of civilians
4.
Myanmar continued to witness intensified armed clashes between the Tatmadaw and
ethnic armed organizations, particularly in the States of Rakhine, Chin, Shan, Kachin and
Kayin. Rakhine was excluded from a unilateral ceasefire that was declared by the
Tatmadaw in December 2018 and that has been continuously extended, which applied to all
other States in the country. In March 2020, the Government designated the Arakan Army as
a terrorist organization, diminishing prospects for ceasefire. The Tatmadaw did not heed the
call of the Secretary-General of the United Nations for a global ceasefire and instead, on 26
June 2020, launched another clearance operation, in Rathedaung township, forcibly
displacing thousands of civilians.
Rakhine and Chin States
5.
In its reports to the Human Rights Council, the fact-finding mission called for a halt
to all current security operations that were unlawful, unnecessary and disproportionate.
These calls have been reiterated by the High Commissioner and the Special Rapporteur on
the situation of human rights in Myanmar. However, since 2019, fighting between the
1
2
3
2
Human Rights Council resolution 34/22.
A/HRC/39/64 and A/HRC/42/50.
A/HRC/39/CRP.2; and A/HRC/42/CRP.3, A/HRC/42/CRP.4 and A/HRC/42/CRP.5 which are
available from www.ohchr.org/EN/HRBodies/HRC/RegularSessions/session42/Pages/
ListReports.aspx.
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