A/HRC/42/50
charges. The mission calls upon the Government to effectively investigate these two incidents
as potential war crimes.
47.
The mission documented cases where the Tatmadaw took over schools and
monasteries to use them as a base for their military operations. Fighting between the
Tatmadaw and the Arakan Army in Mrauk-U Township also puts civilians and civilian
objects in danger. Artillery shells have landed in close proximity to buildings and structures
in the ancient city, raising additional concerns that those buildings and structures could face
damage from direct attack or from vibrations from explosions. Mrauk-U qualifies as cultural
property under the Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict, to which Myanmar is a party.
48.
The mission received credible reports of members of ethnic Rakhine and Chin
communities being forcibly used by the Tatmadaw as porters, under conditions amounting to
forced labour. This practice was often accompanied by violent acts that sometimes amounted
to torture or other cruel, inhuman or degrading treatment or punishment.
49.
The brunt of the conflict has been borne by civilians, regardless of ethnicity or
religion. Since October 2018, more than 32,000 people have been displaced, predominantly
ethnic Rakhine but also Chin and other ethnic groups, many of whom are now living in
makeshift temporary displacement sites with minimal access to humanitarian assistance or
basic services.
50.
The situation of internally displaced persons has been exacerbated by restrictions
imposed by the Myanmar authorities on humanitarian access to Kyauktaw, Ponnagyun,
Buthidaung, Maungdaw and Rathedaung Townships. The World Food Programme and the
International Committee of the Red Cross are the only humanitarian agencies to which the
Government has formally granted access, and even their access is intermittent. Movement
restrictions have also been imposed, including a curfew from 9 p.m. to 5 a.m., in Ponnagyun,
Rathedaung, Kyauktaw, Mrauk-U and Minbya Townships since 2 April 2019.
51.
The humanitarian and movement restrictions are purportedly for security reasons.
They are consistent, however, with the Tatmadaw “four cuts” policy to limit the access of
insurgent groups to food supplies. These restrictions have undeniably led to food insecurity
for displaced and vulnerable populations.
52.
The mission found no evidence of the Tatmadaw engaging in widespread sexual
violence against civilians as a part of its military strategy to combat the Arakan Army. This
is in striking contrast to the widespread and systematic sexual violence perpetrated against
the Rohingya during the “clearance operations” conducted in 2017. The highest levels of
command appear to be able to control when their troops do or do not use sexual violence
during attacks on civilians and civilian populations. The mission also concludes that the
soldiers used sexual violence against the Rohingya as a strategy to degrade the population
during their “clearance operations”.
53.
Although the Tatmadaw is responsible for the majority of the violations documented
by the mission, the Arakan Army has also committed human rights abuses and violations of
international humanitarian law against civilians, including the unlawful forced labour of Chin
minorities, at times accompanied by humiliating and degrading treatment. The Arakan Army
has also engaged in looting of Chin property, usually foodstuffs, often making promises of
future repayment that were never kept.
54.
The mission remains deeply concerned that the current protracted situation, already
grave, could deteriorate further into a crisis, with wide-reaching implications for the country
and the region.
C.
Situation in northern Myanmar
55.
The unilateral ceasefire declared by the Tatmadaw came into effect in December
2018, and at the time of writing had been extended until 31 August 2019. It covers five
regional commands in the east and north and effectively includes conflicts with the Kachin
Independence Army, the Myanmar Democratic Alliance Army and the Ta’ang National
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