A/HRC/42/CRP.5
families being forced to contribute what they could.1003 These demands were sometimes
accompanied by threats of violence if villagers did not comply. 1004
434. These demands on Chin villagers, who were also often subject to similar demands
for food supplies from the Tatmadaw, 1005 have put them at heightened risk of food
insecurity, as they are forced to provide rice and other goods from their own subsistence
supplies to both parties.1006 As one Chin woman stated: “The Tatmadaw and the AA – both
parties come to the village frequently. We are facing problems as both sides take food from
us.”1007
4.
Conclusions and legal findings
435. The Mission concludes on reasonable grounds that the AA has subjected ethnic Chin
to forced labour 1008 in violation of international humanitarian law.1009 The AA has also
abducted and deprived Chin civilians and others of their liberty.1010 Some abductions appear
to have been connected to the AA’s use of forced labour which, by its nature, constitutes a
violation of the prohibition against arbitrary deprivation of liberty. 1011 Further investigation
into the AA’s conduct and its compliance with international humanitarian law is warranted.
E.
Gendered Impacts
436. To date, the Mission has not found evidence of the Tatmadaw engaging in
widespread mass sexual violence against ethnic Rakhine women as a part of its military
strategy to combat the AA. This is in striking contrast to the widespread and systematic
sexual violence perpetrated against Rohingya during the 2017 “clearance operations”. 1012
The highest levels of command appear to be able to control when their troops do or do not
use sexual violence during attacks on civilians and civilian populations.
437. Nevertheless, there is a complex gender dimension to the conflict with the AA. Men
and boys of all ethnicities are particularly subject to being taken for forced labour by the
Tatmadaw, and they are often subjected to torture or ill-treatment. Ethnic Rakhine men are
at particular risk of being rounded up, beaten and arrested on charges of supporting AA. As
a result of this risk, many Rakhine men, as well as Chin men, are fleeing Rakhine and Chin
States, leaving behind women and children and the elderly, with many female-headed
households. These women in many senses are bearing the brunt of the humanitarian crisis.
438. Ethnic Rakhine women who have been left to care for their families have reported
difficulties in sustaining themselves and their children.1013 Similarly, ethnic Chin women
are also impacted by the conflict between the Tatmadaw and the AA. With an increased
number of Chin men fleeing abroad due to fear of being forced to porter for the Tatmadaw
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
CI-247, CI-248, CI-249, CI-252, CI-254, CI-255, CI-256, CI314, LI-142, LI,143, LI-148, LI-149, LI150, LI-153, LI-154, LI-160.
CI-249, LI-142, LI-149, LI-150.
See Chapter V, section C, 5 of this report: The conflict between the Tatmadaw and the Arakan Army;
Violations by the Tatmadaw; Humanitarian impacts of the conflict.
LI-143, CI-258.
CI-258.
CI-247, CI-248, CI-250, CI-252, CI-255, CI-260, LI-143, LI-145, LI-146 LI-147, LI-151, LI-158.
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 95 (forced labour).
CI-247, CI-249, CI-254, CI-319, LI-143, LI-153, LI-158.
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 95 (forced labour) and rule 99
(deprivation of liberty).
See also A/HRC/39/CRP.2. Hallmarks of the Tatmadaw operations: Sexual Violence, paras. 347-348.
See also A/HRC/42/CRP.4, Sexual and gender-based violence and the gendered impact of Myanmar’s
ethnic conflicts.
LI-180, LI-203, LI-204, LI-206.
123
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