A/HRC/13/48
Infantry Battalion No. 48, in the Than Tha Bin Township in the Pegu Division on 5
November 2009.
68.
The Special Rapporteur reminds the Government of its obligations to fully
implement Legislative Order No. 1/1999 on the Eradication of Forced Labour. The Special
Rapporteur has received specific reports about human rights abuses in relation to extractive
industry projects.
69.
The Special Rapporteur urges the Government and all armed groups to ensure the
protection of civilians, in particular children and women, during armed conflict. In this
regard, recruitment of child soldiers, displacement of villagers, the use of anti-personnel
landmines and the forced labour of civilians should stop without any delay.
70.
He calls upon the Government to abide by international humanitarian law, especially
the four Geneva Conventions to which Myanmar is a party. In particular, article 3 of the
Geneva Conventions provides for the protection of civilians from inhumane treatment and
violence to life and person.
71.
Since 2000, the Security Council has passed four resolutions finding that the
growing use of violence against women in situations of armed conflict threatens
international peace and security. Resolutions 1325, 1820, 1888 and 1889 require that
specific measures be taken to ensure women’s right to equality and justice both during and
after conflict.
72.
The Committee on the Elimination of Discrimination against Women has expressed
deep concern at the high prevalence of sexual and other forms of violence, including rape,
perpetrated against rural women from the Shan, Mon, Karen, Palaung and Chin ethnic
groups by members of armed forces. The Committee also expressed concern at the apparent
impunity of the perpetrators of such violence, although a few cases have been prosecuted,
and at reports of threats against and intimidation and punishment of the victims.
73.
The use of anti-personnel mines along Myanmar’s border areas, particularly in the
east, endangers villagers. Both the military and non-State armed groups use anti-personnel
mines. It is reported that from May until June 2009 and again since September the
Democratic Karen Buddhist Army has increased the number of landmines it has placed in
civilian areas throughout the Bu Tho and Dweh Loh townships. According to the
information, villagers are not being notified of the location of the new landmines, which are
on busy paths used by villagers, in farm field huts, around paddy fields and along the banks
of canals.
74.
Of grave concern are reports that civilians are forced by the military to clear brush in
suspected mined areas or to serve as porters for the military in areas where there is a mine
hazard. According to sources, civilians have been ordered to remove mines without training
or protective equipment or to repair fences of mined areas, which have caused serious
casualties. The Special Rapporteur calls for a moratorium on the use of landmines and for
Myanmar to accede to the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and on their Destruction (1997), which
some 156 states have already ratified, acceded to, accepted or approved. He encourages the
authorities to seek effective international cooperation and support in order to begin
demining efforts and to provide support to victims of landmines.
75.
The Special Rapporteur commends the efforts of the Committee on the Prevention
of Military Recruitment of Underage Children, which include: the education of officers,
military personnel and communities on the law regarding recruitment of underage children
and the purpose and activities of the Committee; training on adhering to the law;
discharging soldiers who were found to be underage; and investigating complaints received
from ILO on forced military recruitment. Nevertheless, reports from numerous reliable
14
GE.10-11915
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents