A/HRC/42/CRP.5
family members, refused to provide families with information about the location and safety
of the detainees,884 and took bribes in exchange for the release of detainees.
4.
Forced Labour
392. The Mission’s 2018 report documented the Tatmadaw’s widespread use of civilians
for forced labour.885 In the context of the continuing conflict between the Tatmadaw and the
AA, the Mission concludes on reasonable grounds that this practice is also taking place
across Rakhine State and Paletwa Township in Chin State. It takes many forms and affects
people from various ethnic groups. It also appears that, while the practice of forced labour
of ethnic Rakhine was most notable in 2018 and early 2019, due to the escalation of conflict
with the AA, the Tatmadaw may be reducing their reliance on ethnic Rakhine as a source of
forced labour, and engaging in more aggressive forced labour practices against Rohingya
civilians.886 The Mission has identified several locally based Tatmadaw battalions and Light
Infantry Divisions that have subjected villagers to forced labour.887
393. The Tatmadaw has subjected ethnic Rakhine,888 Rohingya889 and ethnic Chin890 to
forced labour in carrying food and other goods and supplies, including weapons, for the
Tatmadaw. Individuals from these ethnic groups, predominantly men, but also some
Rakhine and Chin women,891 described to the Mission the arduous conditions under which
they were forced to work, including being denied access to sufficient food and water 892 and
being forced to work long hours and to carry heavy loads while being subjected to
physical893 and verbal abuse and threats.894
394. The Mission also received numerous reports of Tatmadaw soldiers commandeering
villagers’ boats and forcing Chin, Rakhine and Rohingya to guide and transport them
through waterways.895 The Tatmadaw also forced Rohingya villagers to perform sentry duty
at night to guard and inform the Tatmadaw about AA sightings. 896
395. In addition to the often harsh working and living conditions, the forced labour
exposed people to the dangers of the conflict. Both ethnic Rakhine and Chin villagers
described to the Mission the extreme fear they had of being the target of an attack, caught
in crossfire or injured by a land mine.897 Chin and Rakhine villagers described to the
Mission how they were injured or narrowly escaped injury from attack while performing
forced labour.898 One ethnic Rakhine man described how Tatmadaw soldiers forcibly
commandeered his boat and forced him and another Rakhine villager to sail it with them
onboard. The AA shot at it. During the attack, the other villager was shot in the thigh.899
Another Rakhine man described how he was forced to porter for the Tatmadaw when he
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
112
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 99 (deprivation of liberty), Rule
100 (fair trial guarantees); Human Rights Committee, General comment No. 35 on Article 9 (Liberty
and security of person), CCPR/C/GC/35.
A/HRC/39/CRP.2., paras 253 – 273, 412-424, 614-615.
See Chapter IV, section E in this report: The situation of the Rohingya; Forced or compulsory labour.
CI-280, LI-169, LI-173, LI-177.
CI-281, CI-284, CI-286, LI-167, LI-169, LI-170, LI-173.
LI-137, FI-029, FI-048 Amnesty International, No one Can Protect Us: War Crimes and Abuses in
Myanmar’s Rakhine State, (May 2019), p. 29; See Chapter IV, section E in this report: The situation
of the Rohingya; Forced or compulsory labour.
CI-247, CI-248, CI-250, CI-252, CI-255, CI-260, LI-143, LI-145, LI-146 LI-147, LI-151, LI-158.
LI-182, LI-151, LM-043.
CI-252, CI-260, CI-284, CI-286, FI-029, LI-143, LI-173, LI-176, LI-177 LI-224.
CI-286, FI-048, LI-170, LI-173, LI-177, LI-224.
CI-280, LI-173, LI-176, LI-177.
CI-248, CI-280, LI-145, LI-146, LI-147, LI-148, LI-158, LM-058.
FI-024, FI-037, LM-058, see also: Amnesty International, No one Can Protect Us: War Crimes and
Abuses in Myanmar’s Rakhine State, (May 2019), p. 31.
LI-143, LI-146, LI-147, LI-151, LI-158, LI-170, LI-172, LI-176.
CI-250, CI-281, LI-170.
CI-280.
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