A/HRC/42/CRP.5
composition of Rakhine State through the relegation of Rohingya to inhumane living
conditions, by pushing them off their lands and by keeping them off their lands. The
Mission concludes on reasonable grounds that ending the Rohingya’s human rights crisis
requires, among other measures, both accountability and humane investment in “clean”
markets and industries that are not tainted by their links to the Tatmadaw. Those
considering business or development assistance in Rakhine State need to undertake a
comprehensive and effective evaluation of the Government’s policies towards Rohingya to
ensure that any economic engagement does not directly or inadvertently perpetuate the
widespread pain and suffering the Government is causing the Rohingya, the damage the
Government has caused to their homes and properties, and the risks that the Government’s
policies pose to future generations of Rohingya, in particular children, to live with dignity
and respect. The Tatmadaw’s tight hold on Rakhine State and the continuing persecution of
the remaining Rohingya population make it impossible under the current circumstances to
undertake business, investment or development there without either enriching the
Tatmadaw further or reinforcing both the expulsion of the majority of the Rohingya
population and the marginalisation of those who remain. 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.
V. The Conflict between the Tatmadaw and the Arakan Army
A.
Introduction
252. On 4 January 2019, as Myanmar celebrated its Independence Day, the Arakan Army
(AA) launched coordinated attacks on four border police outposts in northern Buthidaung
Township, Rakhine State, killing 13 police officers.570 On 7 January 2019, the
spokesperson of the President’s Office reportedly stated that the Myanmar Government had
“directed” the military to carry out “counter-insurgent operations”.571 There have been
clashes between the AA and the Tatmadaw since 2015, predominantly in Paletwa Township
in Chin State, resulting in continuing displacement of Chin communities. The conflict
intensified from October 2018. However, 4 January 2019 marked a significant escalation in
hostilities, bringing the conflict down into Rakhine state for the first time on a large scale.
253. Since January 2019, the Tatmadaw has been conducting airstrikes with fighter jets,
deployed helicopters, and relied on heavy artillery to target AA positions, as well as
engaged in gunfire battles, including in and around villages. The Mission documented the
Tatmadaw’s use of force resulting in loss of civilian life, civilian injury, and damage to
civilian objects, including important objects of cultural heritage. In several instances, this
was due to the Tatmadaw’s use of force in areas close to civilian settlements. In some cases
the attacks were conducted with such disregard for civilian life as to constitute
570
571
80
Global New Light of Myanmar, “AA launches massive coordinated attacks on four border police
outposts in Buthidaung Township, leaves 9 injured, 13 police personnel killed” (5 January 2019).
Global New Light of Myanmar, “Coord meeting on international relations, national security held at
Presidential Palace” (8 January 2019); Reuters, “Myanmar's civilian, military leaders meet, vow to
"crush" Rakhine rebels” (7 January 2019). See also: The Irrawaddy, “AA must give up goal of
confederation: Myanmar military” (18 January 2019), noting that on 18 January 2019 at a press
conference, a military spokesman claimed that during the 7 January 2019 meeting Aung San Suu Kyi
“instructed us to effectively crush the AA” .
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