A/HRC/42/50
Liberation Army, none of which have signed the National Ceasefire Agreement of 2015. The
Tatmadaw has now turned much of its attention to Rakhine and Chin States, even though the
situation in northern Myanmar remains volatile.
56.
Although the unilateral ceasefire has resulted in a marked reduction in hostilities in
Kachin State, fighting between the Tatmadaw and ethnic armed organizations has continued
in northern Shan State. Northern Myanmar remains heavily militarized, contributing to
continuing insecurity for the populations. Fighting continued between the Shan State ArmySouth and the Ta’ang National Liberation Army. In Shan State, fighting between the Shan
State Army-South and the Shan State Army-North began to decline in May 2019, when both
sides agreed to cease hostilities after talks aimed at promoting unity among Shan.
57.
Throughout the ceasefire, the Tatmadaw and, in one documented case, a militia group
have continued to detain men and boys on suspicion of supporting or being members of ethnic
armed organizations, and have subjected them to torture and other cruel, inhuman or
degrading treatment or punishment. Some detainees have been released to return to their
homes, while the mission received reports that others have been charged under the Unlawful
Associations Act, having been forced under torture to say that they are affiliated to such
groups. The Tatmadaw also detained people for periods of several days to several weeks to
work as porters or in other functions, under conditions amounting to forced labour. The
mission also received credible accounts that the whereabouts of persons arrested by the
Tatmadaw remain unknown. The Government has the responsibility to investigate such cases
and to ensure that they do not amount to enforced disappearances.
58.
The mission identified attacks by the Tatmadaw in Shan State that should be further
investigated for having been indiscriminate and for precautionary measures not having been
taken, such as making every feasible effort to ensure that targets were military objectives.
One case involved the killing by the Tatmadaw of one person and the injuring of others when
it opened fire on two suspected Ta’ang National Liberation Army fighters in June 2018.
Another incident involved the Tatmadaw shooting at two young men in civilian clothing in
February 2019, resulting in the death of one of them.
59.
Men and boys of fighting age are particularly targeted by Tatmadaw as suspected
members of ethnic armed organizations, based on their ethnicity. They have been arrested,
detained, tortured or ill-treated, taken for forced labour or killed. Women and children are
left vulnerable and displaced in a situation of humanitarian crisis. The recruitment practices
of ethnic armed organizations have had a similar adverse gender impact.
60.
There are continued concerns regarding conflict-related sexual violence. The mission
identified cases between April 2018 and July 2019 where Tatmadaw soldiers subjected
women and, in one case, a girl to sexual violence, including rape, gang rape and attempted
rape, as well as forced nudity, leading to them being ostracized by their communities and
government authorities. The mission also received reports of Tatmadaw soldiers raping and
subsequently killing a woman in northern Shan State. In cases verified by the mission, despite
the complaints lodged with the authorities, no effective investigations were conducted or
sanctions applied against the perpetrators.
61.
The mission received credible but limited information that some ethnic armed
organizations were responsible, to varying degrees, for the arbitrary deprivation of liberty
and the failure to protect the civilian population under their control against the effects of
attacks. The mission also received reports of forced recruitment of men and women by some
ethnic armed organizations operating in northern Myanmar.
62.
The situation of internally displaced persons remains of grave concern in the context
of restrictions on humanitarian support. More than 106,500 people have been living in 169
camps in Kachin and Shan States since 2011, 36 per cent of them in contested areas and areas
controlled by ethnic armed organizations. United Nations agencies have not been permitted
by the Government to deliver assistance in contested areas since June 2016. Access to people
within Government-controlled areas continues to decline. There is no effective access to
almost 20,000 people in remote areas, as the Government has denied travel authorizations for
United Nations humanitarian agencies. Effective humanitarian access has not been granted
to 55 per cent of displaced persons, affecting the population’s livelihoods, food security and
access to education and health care. The shrinking humanitarian space has heightened the
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