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vulnerability of internally displaced persons, with an acute impact on women and children,
who are exposed to landmines, arbitrary arrests and sexual violence while looking for food
or farming their land in conflict-affected areas.
63.
The mission received reports that, despite the unilateral ceasefire and government
efforts to close internally displaced person camps in northern Myanmar, very few internally
displaced persons have returned to their land. Information received by the mission indicates
that fear of renewed hostilities, lack of guarantees of non-recurrence, landmine contamination
and the lack of infrastructure and services are among the key impediments to safe and
voluntary returns. In northern Myanmar, civilians remain trapped by fighting between the
Tatmadaw and the ethnic armed organizations on the one hand, and the continued fighting
among the organizations on the other.
64.
Amendments to the Vacant, Fallow and Virgin Land Management Act that came into
force in September 2018 have exacerbated pre-existing tensions relating to land tenure in
ethnic areas. The mission received information that farmers in ethnic rural areas, where most
fallow and virgin lands are located, had limited awareness of the amendments made in 2018
to the law, and many of those who did know about them perceived them as illegitimate. The
amended law disproportionately disadvantages internally displaced persons in northern
Myanmar by concentrating ethnic communities that rely on communal usage of land.
Residents in camps for internally displaced persons, especially those residing in areas
controlled by the Kachin Independence Organization/Kachin Independence Army, told the
mission that they feared being arrested if they left to register their lands with the authorities.
The mission recalls that lack of access to land and livelihoods has long been considered one
of the drivers of the country’s ethnic conflicts.
D.
Kayin State and ethnic Karen communities
65.
The Tatmadaw has been responsible for a long legacy of severe and regular violence
against civilians, including sexual and gender based violence in its hostilities with the Karen
National Liberation Army (KNLA). Since the signing of the 2012 ceasefires, the levels of
violence and abuse greatly declined in Karen communities. Since early 2018, however,
Tatmadaw encroachment on territory controlled by the Karen National Union, which the
latter considers to be a breach of the National Ceasefire Agreement, has resulted in military
skirmishes that have seriously affected civilians.
66.
The mission collected preliminary information on allegations of the Tatmadaw firing
on and shelling villages, destroying property, injuring civilians and committing violent acts
in connection with road construction. Further investigation is required to determine the
existence and extent of any international human rights violations and abuses, as well as
compliance with applicable international humanitarian law.
VI. Situation of fundamental freedoms
67.
In the context of the mission’s mandate to address conflict-related human rights
issues, journalists and activists who investigate and report on the Tatmadaw’s operations and
violations of international human rights law and international humanitarian law continue to
face criminal charges, threats and intimidation because of their work. The mission found that
the Tatmadaw has become increasingly intolerant of criticism, resorting to more punitive
legal measures against those reporting on their operations. In this the Tatmadaw has the active
support of the civilian side of the Government.
68.
To silence its critics, the Tatmadaw has made frequent use of criminal defamation
under section 505 (b) of the Myanmar Penal Code and of section 17 (1) and (2) of the
Unlawful Associations Act, which provides for at least five years of imprisonment for any
person who manages, promotes or assists an unlawful association.
69.
In the context of reporting on the conflict between the Tatmadaw and the Arakan
Army, editors and publishers of three publications have been subject to criminal charges
under these laws. In addition, the Government has restricted journalists’ access to Rakhine
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