A/HRC/45/5
was added to the transportation of aid from Yangon to Sittwe, with the possibility of
humanitarian deliveries being blocked at military checkpoints on suspicion that the
assistance could be diverted to the Arakan Army, even when all the necessary permissions
have been obtained from the authorities. Few international organizations can access areas
outside the main towns with non-food assistance. Bureaucratic procedures around
authorization have complicated humanitarian activities in both Rakhine and Chin, resulting
in interruptions and delays in the provision of critical services. Access restrictions have also
undermined the provision of protection services in conflict-affected areas.
17.
Ongoing blockades and armed clashes have exacerbated problems with food access
in Rakhine and Chin. Authorities have imposed roadblocks, effectively closing intertownship roads, and cut off traditional waterways – disrupting supply chains. The blockade
has resulted in food scarcity, the emptying of food storage facilities, and local markets not
having stock, as well as sharp increases in the prices of essential goods, leaving residents
with dwindling daily rations. In Paletwa township, where the Tatmadaw have blocked road
and water transportation routes since early 2020, the cost of a bag of low-quality rice has
increased from K30,000 ($21) to K120,000 ($84). Some residents have been forced to
resort to drastic measures, such as relying on a fruit-only diet, eating trunks of banana trees,
or consuming animal feed. Residents of Ann township in Rakhine are also facing food
shortages as transportation and supply chains have been impacted by the blockade imposed
by the Tatmadaw since January 2020.
18.
Despite recommendations by the fact-finding mission, the High Commissioner and
Special Rapporteur, authorities have failed to halt violence and military operations in
Rakhine and Chin. The destruction of villages and civilian homes has caused suffering for
civilians. Directing attacks against civilians and civilian objects constitutes a violation of
international humanitarian law. Furthermore, the parties to the conflict are required to
respect the principles of distinguishing civilians from fighters and civilian objects from
military objectives, of refraining from indiscriminate attacks, of proportionality in attack,
and of precautions in attack. These findings warrant further investigations into conduct
which may constitute war crimes and crimes against humanity by the Tatmadaw in Chin
and Rakhine States.
Kachin and Shan States
19.
Patterns of violation and abuse have also been reported from Kachin and Shan
States. Although ceasefires were declared by parties to the conflicts, clashes between the
Tatmadaw and ethnic armed organizations, including parties to the Nationwide Ceasefire
Agreement, were received and investigated throughout the reporting period. Civilians living
in affected areas have been victims of human rights violations and abuses committed by
security forces and ethnic armed organizations. These events underline the fragility of
security in these areas, due to a stalled peace process, and raise concerns about the
intensification of hostilities in the north and north-east of the country.
20.
Civilian casualties in Kachin and Shan reportedly resulted from attacks by the
Tatmadaw on civilian-populated areas, including villages, and the indiscriminate use of
heavy artillery and small firearms. There have also been reports of a range of other
violations by the Tatmadaw, including arbitrary arrests; incommunicado detention; torture
and ill-treatment of civilians; forced recruitment and forced labour; and the use of protected
objects, such as schools, for military purposes.
21.
Ethnic armed organizations have reportedly abducted, beaten and killed civilians,
forcibly recruited villagers to serve as guides and porters, demanded taxation from
individuals living in areas under their control, and endangered civilians by occupying
villages or encamping nearby. Landmines, reportedly laid by the Tatmadaw and ethnic
armed organizations, and unexploded ordnance, represent a major threat to civilians living
in these areas, especially to agricultural workers and others whose work brings them in
contact with mine-contaminated areas. Hundreds of casualties have occurred as a result of
mines and unexploded ordnance. Conflicts have continued to cause displacement, and
105,000 people remain internally displaced in 170 sites throughout Kachin and Shan since
being displaced in 2011. Thousands of others were forced to temporarily flee their homes
due to clashes but have since been able to return. In mid-2020, the Tatmadaw reportedly
5
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