A/HRC/42/CRP.5
notes, however, that the deprivation of food and livestock in combination with
humanitarian relief restrictions is resulting in a serious deterioration of the humanitarian
situation for the displaced civilian population. Further investigation is required. Given that
international human rights law and international humanitarian law both apply in situations
of armed conflict, the Mission notes that any violation of the rules of proportionality under
international humanitarian law would, at a minimum, also mean that the Government
violated the right to food, health and life under international human rights law, particularly
under the International Covenant on Economic, Social and Cultural Rights and the
Conventions on the Rights of the Child, both to which Myanmar is a party.968
D.
Abuses by the Arakan Army
423. The Mission documented patterns of human rights abuses and violations of
international humanitarian law by the AA, predominately against non-ethnic Rakhine
communities, most notably Chin minorities, including patterns of forced labour and
arbitrary deprivation of liberty, intimidation and theft. As a party to a non-international
armed conflict with the Tatmadaw, the AA must respect and ensure respect for international
humanitarian law. Members of the AA are also criminally liable for acts prohibited under
international criminal law, in particular war crimes.
424. The Mission’s investigation into AA-related human rights abuses and violations of
international humanitarian law was hampered by the cumulative effect of the Myanmar
Government’s refusal to respond to requests for information about the AA, its refusal to
grant the Mission access to the country, its imposed internet shutdown from 21 June and
was partially lifted on 31 August 2019,969 and the reluctance of ethnic Rakhine to provide
information to the Mission that might reflect negatively on the AA. AA fighters have also
engaged in intimidating practices, threatening Chin villagers with violence if they share any
information on AA movements with the Tatmadaw.970
1.
Forced Labour
425. The Mission received credible reports that the AA took Chin civilians for forced
labour without warning or giving notice to their family for days and then returned once the
labour was carried out. During the labour, those abducted were not paid and they were
unable to leave at will.971 Villagers have also been required to pay money to the AA in
return for Chin villagers who the AA abducted.972 As one Chin villager stated: “The AA has
arrested some people from the villages and said: if you want people back, you have to give
this amount of money and if not the person will not live”.973
426. Sometimes, Chin villagers were forced to guide the way for AA fighters through
jungle areas.974 One man from Paletwa Township noted how he was forced to be a guide for
three consecutive days and was not paid for his work.975 Sometimes when accompanying
the AA, Chin villagers were forced to porter for the AA fighters, including carrying their
belongings, foodstuffs and other large sacks, some of which they believed could contain
weapons.976
968
969
970
971
972
973
974
975
976
120
ICESCR, which Myanmar ratified on 6 October 2017. The CRC was ratified by Myanmar on 15
October 1991.
Telenor Group, “Internet Services Restored in Five Townships in Myanmar, (Media Statement, 01
September 2019), available at: https://www.telenor.com/internet-services-restored-in-five-townshipsin-myanmar-01-september-2019/; Al Jazeera, “Myanmar partially lifts internet blackout in Rakhine,
Chin states” (1 September 2019).
CI-247, CI-248, CI-250, CI-256, LI-140, LI-142, LI-143, LI-160.
CI-254, CI-256, LI-142, LI-144, LI-147, LI-158, LI-160.
CI-249, LI-143, LI-151.
LI-143.
CI-248, CI-254, CI-259, LI-142, LI-144.
LI-254.
CI-254, LI-158, LI-160.
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