A/HRC/42/CRP.5
civilians,1026 using them in ways that amount to indiscriminate attacks1027 and using them
where their incidental harm to civilians may not be proportionate. 1028 Particular care must
be taken to minimize the indiscriminate effects of landmines. 1029 Parties that use landmines
should also record their placement, as far as possible,1030 and, at the end of active hostilities,
they must remove or otherwise render them harmless to civilians or facilitate their
removal.1031 Myanmar is not a party to international treaties that impose stronger
obligations but numerous EAOs have committed themselves to a total ban on antipersonnel mines; to cooperate in and undertake stockpile destruction, mine clearance,
victim assistance, mine awareness and other forms of mine action; and to allow the
monitoring of their compliance with those commitments by independent international and
national organizations.1032
443. The impact of landmines on civilians and the civilian population requires further
investigation. Investigations are also required into which parties to armed conflicts are
using which types of these weapons, how and where. The potential long-term economic
consequences of the contamination in their areas of use also require further research. The
Tatmadaw and the AA should minimize their use of landmines to limit their short, medium
and long-term effects on the civilian population. They must mark and inform civilians of
the location of landmines that no longer serve a lawful military purpose. The Mission
makes additional recommendations at the end of this report.
G.
Threats to freedom of expression, association and the press
444. The Myanmar Government placed significant restrictions on freedom of expression,
information and assembly in response to the conflict between the AA and the Tatmadaw.
This included a crackdown on local media and an internet shutdown. These restrictions not
only affected fundamental freedoms but also blocked the media from reporting on the AA
1026
1027
1028
1029
1030
1031
1032
See, J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 1 (the principles of distinction
between civilians and combatants).
Ibid., rule 81 (restrictions on the use of landmines).
Ibid., rule 14 (proportionality in attack).
Ibid., rule 81 (restrictions on the use of landmines).
Ibid., rule 82 (restrictions on the use of landmines).
Ibid., rule 83 (restrictions on the use of landmines).
See, Arakan Rohingya National Organisation/Rohingya National Army (ARNO/RLA), Deed of
Commitment under Geneva Call for Adherence to a Total Ban on Anti-Personnel Mines and for
Cooperation in Mine Action, 17 October 2003, available at:
http://theirwords.org/media/transfer/doc/sc_mm_arno_rla_2003_0238d8ba37802633e9da6c6d2b215dd838.pdf; National United Party of Arakan/Arakan Army
(NUPA/AA), Deed of Commitment under Geneva Call for Adherence to a Total Ban on AntiPersonnel Mines and for Cooperation in Mine Action, 17 October 2003, available at:
http://theirwords.org/media/transfer/doc/sc_mm_nupa_aa_2003_0346624f4e6a94a49b8e1e1c0970d32a88.pdf; Lahu Democratic Front (LDF), Deed of Commitment
under Geneva Call for Adherence to a total Ban on Anti-personnel Mines and for Cooperation in
Mine Action, 16 April 2007, available at:
http://theirwords.org/media/transfer/doc/sc_mm_ldf_2007_214ed0eb17fb6c940b15ce82f746244ea9.pdf; Palaung State Liberation Front (PSLF), Deed of
Commitment under Geneva Call for Adherence to a total Ban on Anti-personnel Mines and for
Cooperation in Mine Action, 16 April 2007, available at :
http://theirwords.org/media/transfer/doc/sc_mm_pslf_2007_2340ba30b4693fd4182df389522f7ee628.pdf; Pa’O Peoples’ Liberation Organisation/Pa’O Peoples’
Liberation Army (PPLO/PPLA), Deed of Commitment under Geneva Call for Adherence to a total
Ban on Anti-personnel Mines and for Cooperation in Mine Action, 16 April 2007, available at:
http://theirwords.org/media/transfer/doc/sc_mm_pplo_ppla_2007_25cada96759703657a6735fd5ba8c975a7.pdf. See, also, National Democratic Front (NDF), Position
Statement by NDF on Landmine Use, 29 January 2007, available at:
http://theirwords.org/media/transfer/doc/1_mm_ndf_2007_040c86d6574dd452a98a61c70eac96bf75.pdf.
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