A/HRC/42/CRP.5
conduct effective investigations into these violations, including criminal investigations
especially when the violations amount to war crimes.1211
3.
Forced or compulsory labour
520. In its 2018 report the Mission found a pattern of systematic use of men, women and
children for forced labour across Kachin and Shan States, throughout the reporting
period.1212 During this reporting period, the Mission documented a continued pattern of
forced labour by the Tatmadaw against men and boys of several ethnic groups.1213 The
types of forced labour documented included portering, construction work, serving as
messengers, scouts, cooks and guides, and performing other tasks for the Tatmadaw,
including in areas of active conflict.1214 The Mission received credible information from
northern Shan State that, regardless of official policies, Tatmadaw soldiers understood that
commanders supported the use of unpaid 'local guides' when on the move between
locations in conflict areas.1215
521. A Shan man told the Mission: “I am civilian, so when armed people come and tell
us to do something, we have no choice, we have to do what they ask. Even if we want to
refuse, we cannot.”1216
522. The Mission received accounts of individuals being kicked, punched or otherwise
beaten, subjected to derogatory language, or threatened with death, while portering or while
being forced to act as guides for the Tatmadaw.1217 Survivors told the Mission that soldiers
provided them with insufficient food and water, made them sleep on the ground, forced
them to carry heavy loads for long periods and had them prepare their food. 1218 For
example, at the end of April 2018, in Kachin State, Tatmadaw soldiers stopped three
Kachin boys, aged between 15 and 17 years old, who were coming back from farming and,
after asking them about their ethnic background and village of origin, forced them to carry
their supplies.1219 For the three following days, soldiers forced the boys to carry heavy loads
that exceeded their physical capacity, threatened them with death many times and
repeatedly hit them.
523. One of the boys told the Mission: “I cannot count how many times [the Tatmadaw]
kicked us or punched us”.1220 Another boy described how the soldiers would check on him
at night by kicking him in his sleep. After falling on the ground while carrying a load that
was too heavy for him, the Tatmadaw soldier told him: “You Jinghpaw [Kachin]1221 can’t
even carry this load, we will kill you”.1222
524. The Mission also received information that the Tatmadaw exposed forced labourers
to the dangers of the conflict, including attacks and landmines, similarly to what the
Mission documented in Rakhine State.1223
1211
1212
1213
1214
1215
1216
1217
1218
1219
1220
1221
1222
1223
142
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International Humanitarian
Law, Basic Guideline and Principle 4.
A/HRC/39/CRP.2, para 258.
The Mission has also documented a pattern of women and girls being subjected to sexual violence in
the context of forced labour since 2011 in its 2018 report; A/HRC/42/CRP.4, para. 131-137.
GI-005, GI-004, 1078, 1337, PI-149, GI-048, GI-058, rows 71, 29, 41, 48, and 66 of FFFGEN-185769, V-378, FFFGEN-1555826851-4879.
GI-023.
GI-048.
GI-004, GI-005, 1078.
GI-004, GI-005, 1078.
GI-004, GI-005.
GI-005.
The peoples of Kachin State include the Jinghpaw (representing the majority and commonly referred
to as the “Kachin”), Shan, Ruwang, Lisu, Zaiwa, Lawngwaw, Lachyit, Rakhine and Bamar. Jinghpaw
people are also amongst the peoples of Shan State.
GI-004.
See Chapter V. section F: The conflict between the Tatmadaw and the Arakan Army; Landmines.
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