A/HRC/42/CRP.5 E. Forced or compulsory labour 181. In its 2018 report, the Mission documented a consistent pattern of the Tatmadaw using both Rohingya and ethnic Rakhine men, women and children for forced or compulsory labour.372 Since its 2018 report, the Mission found that the use of Rohingya as forced labour continues and has possibly increased. This trend may be related to the conflict between the Tatmadaw and the AA in northern Rakhine.373 There seems to have been a marked decrease in the use of ethnic Rakhine for forced labour, possibly because the Tatmadaw mistrusts Rakhine labourers. 182. Rohingya arrivals in Bangladesh in late 2018 and 2019, mostly men and boys, cited forced labour as a contributing factor for fleeing northern Rakhine State.374 The Mission documented patterns, similar to those outlined in its 2018 report, of the Tatmadaw physically taking a person when they passed thorough the village, 375 or asking the village head to provide specific number of villagers for a certain period of time376 without any prior notice or consultation. The duration of forced labour varied but for most victims it lasted for a period of weeks.377 In some cases, the same person was forced to labour on several occasions.378 One victim from Buthidaung told the Mission that he was made to work in construction sites of new camps, six to seven times. He was beaten with sticks and slapped by the soldiers and it was only after his relatives paid the Tatmadaw 90,000 Kyat (approx. 60 USD) that he was released. However, he was again forced to labour after that.379 Often victims were left hungry due to insufficient and poor quality food provided. 380 Forced labour in the construction of camps, security checkpoints and prisons 183. The Mission previously documented forced labour that included portering, farming, maintenance of security camps, clearing of land for military bases, village guard duty and construction work for the Tatmadaw.381 During 2019 the Mission observed a new trend of the Tatmadaw forcing Rohingya to work on the construction of new camps that interviewees said were destined for Rohingya IDPs or returnees. 382 184. The interviewees said that, while deprived of their liberty as forced labourers some had to arrange their own food,383 did not have access to water, were kept in inadequate accommodation, were deprived of sleep and were subjected to violence if they resisted, worked slowly384 or rested.385 The Tatmadaw also extorted money from forced labourers. 386 In one case, a victim witnessed the Tatmadaw kill a fellow Rohingya forced labourer. He died as a result of severe beating.387 185. Another interviewee told the Mission that, in December 2018, her cousin had been raped and killed by the Tatmadaw in retaliation for her brother refusing to do “night 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 A/HRC/39/CRP.2, paras. 614-615 and 412-424. Department of State, 2019 Trafficking in Persons Report: Burma, Available from https://www.state.gov/reports/2019-trafficking-in-persons-report-2/burma/. CI-228, FI-037, FI-048. FI-029, FI-037, FI-048. CI-228, CI-288, CI-293. CI-227, CI-228, CI-293, FI-017, FI-026, FI-029, FI-037, FI-048. CI-228, FI-037. CI-228. CI-227, CI-228, CI-240, FI-029, FI-041, FI-042, FI-043. CI-214, CI-240, CI-264, CI-288, CI-297, FI-010, FI-017, FI-024, FI-029, FI-036, FI-037, FI-038, FI048. CI-214, CI-226, CI-227, CI-228, CI-293, CI-306, Reuters, Point of No Return, available from https://www.reuters.com/investigates/special-report/myanmar-rohingya-return/, Human Rights Watch, Bangladesh: Halt Rohingya Repatriation Plan, 15 November 2018, FFFGEN-1-84275. CI-227, CI-240. FI-037. Ibid. CI-228, FI-029. FI-033. 59

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