A/HRC/42/CRP.5
671. The Mission concludes that a moratorium on domestic and international investment
and development assistance in Rakhine State is necessary at this stage to ensure that
investment and development assistance do not directly, indirectly or inadvertently
consolidate the Tatmadaw’s persecutory and genocidal objectives. The moratorium should
continue until the Rohingya population is able to enjoy its rights free from discrimination
and on the basis of equality. The Mission concludes that a moratorium should be imposed
on domestic and international investment and development assistance in Rakhine State at
this time. Such moratorium could be ended once the restrictions on the remaining Rohingya
population in Rakhine are lifted and they can enjoy rights free from discrimination on the
basis of equality with the non-Rohingya population. This, in turn, would allow the
Rohingya to benefit from investment and development assistance on an equal footing with
the rest of the population in Rakhine State. In implementing a moratorium, due
consideration should be given to ensure it does not have adverse socio-economic impacts
on Rohingya and other communities in Rakhine State that would result in further harm. The
moratorium must not prevent life-saving programmes and services from being provided.
B.
The situation of the ethnic Rakhine
672. In its 2018 report, the Mission found that some ethnic Rakhine, while victims of
serious human rights violations by the Tatmadaw in their own right, had also played a
direct role in the 2017 “clearance operations” against the Rohingya. In the recent conflict
between the Tatmadaw and the AA, ethnic Rakhine have themselves again been subjected
to one of the hallmarks of the Tatmadaw’s military operations, indiscriminate attacks that
kill and injure civilians. The Mission found that violations of international human rights
and humanitarian law have been committed in a series of Tatmadaw attacks in the past
months. These have been compounded by a pattern of arrests, detention, torture and illtreatment of ethnic Rakhine men and boys, some of which resulted in death.
673. In striking contrast to the “clearance operations” against the Rohingya, the Mission
found that sexual and gender-based violence has not been used as a tactic of war by the
Tatmadaw in its conflict this year with the AA. This is a marked shift in pattern and
supports the Mission’s previous conclusions that in 2017 the Tatmadaw used sexual and
gender-based violence as a means of persecution that was also indicative of genocidal intent
against the Rohingya population. It indicates that Tatmadaw commanders are able to
control the perpetration of sexual and gender-based violence and that there is command
responsibility for the perpetration of sexual and gender-based violence. The Mission
reiterates its recommendation that instructions at the highest level of command should be
given to ensure military personnel refrain from committing rape, gang rape and other forms
of sexual violence. Accountability for perpetrators and justice for victims are required for
past practices of sexual and gender-based violence.
674. As with all other ethnic conflicts in Myanmar examined by the Mission, the civilian
populations affected by the conflict, including ethnic Rakhine, Chin and Rohingya, have
suffered severe humanitarian consequences as a result of the implementation of policies
consistent with the Tatmadaw’s “four cuts” strategy. In this most recent conflict, the
Tatmadaw has included a novel fifth cut, the “cutting of information”. Through its
clampdown on freedom of expression, association and information, by way of a series of
legal actions against individual journalists, access restrictions for the media to conflict areas
and an internet shutdown, the Myanmar Government has effectively deprived the
population of the ability to communicate with the outside world and prevented the outside
world from communicating about the military operations in Rakhine. This isolates the
ethnic Rakhine population further. It also carries the risk of further abuse being perpetrated
by the Tatmadaw without proper oversight. While the Mission welcomes initiatives to curb
hate speech and incitement to violence, well-documented in its 2018 report, the strategy of
cutting off information must be monitored closely for their potential to affect adversely and
disproportionately not only the fundamental freedoms of the population in Rakhine, but
also the protection of civilians.
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