A/HRC/42/CRP.5 notes, however, that the deprivation of food and livestock in combination with humanitarian relief restrictions is resulting in a serious deterioration of the humanitarian situation for the displaced civilian population. Further investigation is required. Given that international human rights law and international humanitarian law both apply in situations of armed conflict, the Mission notes that any violation of the rules of proportionality under international humanitarian law would, at a minimum, also mean that the Government violated the right to food, health and life under international human rights law, particularly under the International Covenant on Economic, Social and Cultural Rights and the Conventions on the Rights of the Child, both to which Myanmar is a party.968 D. Abuses by the Arakan Army 423. The Mission documented patterns of human rights abuses and violations of international humanitarian law by the AA, predominately against non-ethnic Rakhine communities, most notably Chin minorities, including patterns of forced labour and arbitrary deprivation of liberty, intimidation and theft. As a party to a non-international armed conflict with the Tatmadaw, the AA must respect and ensure respect for international humanitarian law. Members of the AA are also criminally liable for acts prohibited under international criminal law, in particular war crimes. 424. The Mission’s investigation into AA-related human rights abuses and violations of international humanitarian law was hampered by the cumulative effect of the Myanmar Government’s refusal to respond to requests for information about the AA, its refusal to grant the Mission access to the country, its imposed internet shutdown from 21 June and was partially lifted on 31 August 2019,969 and the reluctance of ethnic Rakhine to provide information to the Mission that might reflect negatively on the AA. AA fighters have also engaged in intimidating practices, threatening Chin villagers with violence if they share any information on AA movements with the Tatmadaw.970 1. Forced Labour 425. The Mission received credible reports that the AA took Chin civilians for forced labour without warning or giving notice to their family for days and then returned once the labour was carried out. During the labour, those abducted were not paid and they were unable to leave at will.971 Villagers have also been required to pay money to the AA in return for Chin villagers who the AA abducted.972 As one Chin villager stated: “The AA has arrested some people from the villages and said: if you want people back, you have to give this amount of money and if not the person will not live”.973 426. Sometimes, Chin villagers were forced to guide the way for AA fighters through jungle areas.974 One man from Paletwa Township noted how he was forced to be a guide for three consecutive days and was not paid for his work.975 Sometimes when accompanying the AA, Chin villagers were forced to porter for the AA fighters, including carrying their belongings, foodstuffs and other large sacks, some of which they believed could contain weapons.976 968 969 970 971 972 973 974 975 976 120 ICESCR, which Myanmar ratified on 6 October 2017. The CRC was ratified by Myanmar on 15 October 1991. Telenor Group, “Internet Services Restored in Five Townships in Myanmar, (Media Statement, 01 September 2019), available at: https://www.telenor.com/internet-services-restored-in-five-townshipsin-myanmar-01-september-2019/; Al Jazeera, “Myanmar partially lifts internet blackout in Rakhine, Chin states” (1 September 2019). CI-247, CI-248, CI-250, CI-256, LI-140, LI-142, LI-143, LI-160. CI-254, CI-256, LI-142, LI-144, LI-147, LI-158, LI-160. CI-249, LI-143, LI-151. LI-143. CI-248, CI-254, CI-259, LI-142, LI-144. LI-254. CI-254, LI-158, LI-160.

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