A/HRC/42/CRP.5
Other activities in the context of hostilities
488. According to the 2019 Report of the Secretary-General on Children and Armed
Conflict, the United Nations verified that seven children had been recruited and another 64
had been used by the Tatmadaw in 2018.1135 The same report notes:
Though efforts are under way, full compliance is yet to be achieved and aggravated
cases of new recruitment occurred in 2018, with no progress on accountability.
However, 75 children and young people recruited as children were released from
the Tatmadaw in 2018 and there has been steady progress in addressing the backlog
of cases from previous years.1136
489. The Mission also received several consistent accounts indicating that Tatmadaw
soldiers continued to use civilian houses, schools and places of worship as temporary
bases.1137 Information received by the Mission in relation to previously identified patterns
of Tatmadaw presence in civilian populated areas in northern Shan suggests that in some
areas the Tatmadaw intentionally located military objectives in or near civilian populated
areas to reduce the likelihood of attacks by EAOs. 1138 The Mission received reports that in
Kachin State a hospital was used as a military base for several days, impairing the local
population’s access to it.1139 The Mission received accounts of instances where Tatmadaw
soldiers used civilian houses to conduct interrogations of suspected EAO members. 1140
490. The Mission received many reports that the Tatmadaw continued to threaten,
intimidate and harass civilians and extort civilian property during the reporting period,
including in the civilians’ houses and at checkpoints on main roads used by civilians. 1141
For example, in March 2019, in Kuktai Township, Shan State, Tatmadaw soldiers affiliated
with the 99th LID stopped a civilian bus and demanded some 300,000 Kyat (approx. 200
USD) from its passengers, threatening to burn the vehicle if they failed to provide them
with the money.1142 Information received by the Mission indicates that such conduct,
compounded by increased militarization,1143 resulted in civilians being frightened of moving
between villages and restricted their movement in contested areas, including when needing
access to essential medical assistance for conflict-related injuries.1144 For example, a
civilian woman who was shot and injured during fighting between the Tatmadaw and the
KIA in Shan State in 2018 told the Mission that she reached a health care facility 11 hours
after she was shot even though the hospital was only two hours away.1145 She explained that
she was too frightened to travel to the hospital before nightfall due to the presence of
Tatmadaw checkpoints on the way.1146
Conclusions and legal findings
491. The Mission identified the Tatmadaw’s February 2019 attack in Shan State as
requiring further investigation to determine whether the military failed to take
precautionary measures, including failing to do everything feasible to verify that targets
1135
1136
1137
1138
1139
1140
1141
1142
1143
1144
1145
1146
136
A/73/907–S/2019/509 para 126.
A/73/907–S/2019/509 para 136.
GI-009, 1078, GI-034, GI-035, GI-048, GI-056, GI-057, GI-058, PI-166, PI-168, V-380; See also
A/73/907–S/2019/509 para 131.
GI-023.
FFFGEN-1-83712.
1078, GI-34, GI-35.
FFFGEN-1555826851-6767, V-352, rows 12.12.18 and 25.05.18 of 2143, GI-020, GI-021, GI-35 and
34, GI-045, V-347, Rows 196, 180, 73, 29, 44, 45, 173, 117 of FFFGEN-1-85769, V-378, V-387, V388, V-389, and V-390.
1336, 1337.
V-352.
GI-009, 1335, 1414.
1335.
1335.
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