A/HRC/42/CRP.5
400. The Mission concludes on reasonable grounds that the Tatmadaw forced Chin,
Rakhine and Rohingya villagers to perform various tasks that amounted to forced labour.
All the cases that the Mission documented were connected with the armed conflict between
the AA and the Tatmadaw. For that reason, the Mission also concludes on reasonable
grounds that Myanmar violated the prohibition against forced labour and arbitrary
deprivation of liberty under both international human rights law and international
humanitarian law. While international law permits some exemptions to the general
prohibition of forced labour,924 the cases of forced labour that the Mission investigated do
not fall within those exemptions. The conditions to which the Tatmadaw exposed these
civilians failed to meet the basic dignity that Myanmar is obligated to afford to anyone it
deprives of liberty, such as adequate food, water and other necessities. Some were
subjected treatment or punishment that amounted to torture or was cruel, inhuman, or
degrading.925 The manner in which the Tatmadaw exposed forced labourers to the dangers
of the armed conflict, including exposing them to gunfire and landmines, contravened the
right to life under international human rights law and was a violation of international
humanitarian law under the prohibition of exposing civilians under its control to the effects
of attack. Under both international human rights law and international humanitarian law,
the Government of Myanmar has an obligation to conduct effective investigations into
these violations, including criminal investigations especially when they amount to war
crimes of torture, cruel treatment or outrages upon personal dignity. 926
401. The Mission emphasizes to all parties to the conflict that, in situations where a party
breaches the prohibition on forced labour, civilians who are forced to carry out labour for
armed forces do not lose their civilian status or protections, unless and for such time as they
take a direct part in hostilities. Absent taking a direct part in hostilities, civilians engaging
in forced labour cannot be the object of attack, must not be the subject of indiscriminate
attacks, and must be afforded the protections of precautionary measures.
5.
Humanitarian impacts of the conflict
402. Ethnic Rakhine, Rohingya and Chin civilian villagers have borne the brunt of the
conflict between the Tatmadaw and the AA.
403. Official statistics from OCHA from August 2019 indicate that the conflict between
the AA and the Tatmadaw may have displaced around 28,000 people in northern Rakhine
and southern Chin states.927 Given the fluidity around displacement, and the fact that
official statistics only count those displaced in recognised displacement sites, the true
number may in fact to be much higher, with reports at the time of writing indicating as
many as 60,000 persons displaced, predominantly ethnic Rakhine. 928 Many of those
displaced are now residing in makeshift temporary displacement sites, including
monasteries and temporary tent-structures with minimal access to basic services. In the
absence of signs of the conflict abating, the Mission fears that displacement may continue
to increase.
404. The situation for IDPs has been exacerbated as a result of restrictions imposed by
the Myanmar authorities. This includes the restrictions on humanitarian access to
Kyauktaw, Ponnagyun, Buthidaung, Maungdaw and Rathedaung Townships for UN
agencies and other humanitarian organizations, with the exception of the WFP and the
924
925
926
927
928
A/HRC/39/CRP.2. para. 256.
CI-284, CI-286, LI-170, LI-173, LI-176, LI-177, LI-224.
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International Humanitarian
Law, Basic Guideline and Principle 4.
OCHA, “Myanmar: New Displacement in Rakhine State” (13 May 2019). See also OCHA, Asia and
the Pacific: Weekly Regional Humanitarian Snapshot (30 July - 5 August 2019), 5 August 2019.
The Irrawaddy, “Arakan Army Raids Myanmar Military Base in Northern Rakhine” (28 August
2019); Joint statement by the AA, TNLA, MNDAA, 12 August 2019, available at:
http://www.pslftnla.org/wp-content/uploads/2019/08/JPG-1-724x1024.jpg.
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