A/HRC/42/CRP.5 surrounding, their camps or bases. 1381 The Mission received accounts of civilians killed or injured by landmines and IEDs located in the immediate proximity of civilian populated areas, next to roads or in areas where civilians move for livelihood-related purposes.1382 576. The Mission was informed of instances in which cattle, on which civilians depended for their survival, were killed by landmines.1383 Several interviewees told the Mission that the current contamination increasingly frightened villagers and farmers in their communities from going to gather water, fruit, vegetables and firewood in the forest or from taking care of animals and crops in areas located outside their villages.1384 577. One man’s foot was amputated after he stepped on a landmine located next to the road while on his way to attend to his cow in Mogaung Township, Kachin State, in 2018. He told the Mission: “Even though [the villagers] became afraid of landmines after what happened to me, people had to go back and farm, otherwise they would have had nothing to eat”.1385 578. Although sources reported that in some areas EAOs had warned civilians about the presence of landmines or IEDs,1386 the Mission received evidence from victims that contaminated areas were not effectively marked.1387 For example, a child, who was severely injured by the detonation of an explosive device while looking for firewood in March 2019, told the Mission: “The object was round and white …. The other children took it, and I just followed them … I did not notice anything saying that that area was dangerous”.1388 579. Landmines continue to deter IDPs displaced by the conflict from returning to their villages and lands.1389 The Mission was told that the presence of landmines near villages generates fear among IDPs, leading to their reluctance to return.1390 A displaced woman told the Mission: “I want to go back to my village, but I cannot. It is not safe to go back … and I am worried that there may be landmines around the village, and that is why I am afraid to go back”.1391 The Mission received information that in some instances the Tatmadaw conducted some landmine clearance operations. However, sources expressed concerns regarding the lack of thoroughness and the quality of clearances, as well as the limited extent of the areas covered.1392 1. Conclusions and legal findings 580. The Mission concludes on reasonable grounds that the Tatmadaw and EAOs use landmines, and IEDs and have left them and other ERWs behind after hostilities. The Tatmadaw and EAOs are therefore subject to the rules of international human rights law and international humanitarian law that regulate the use, recording and removal of these objects. These rules are aimed at ensuring the protection of civilians and the civilian population which, in Myanmar, have suffered extensively from physical injury, displacement and lack of access to farm lands and economic activities. International law prohibits the Tatmadaw and EAOs from using landmines and IEDs to direct attacks against civilians,1393 using them in ways that amount to indiscriminate attacks1394 and using them 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 GI-023, GI-048, GI-056, GI-057. GI-054, GI-055, GI-053, GI-037, GI-038. GI-053. V-410, GI-055, GI-054, GI-037, GI-038, GI-053. 1435. GI-033, GI-37, GI-053. GI-038, GI-048, GI-053, GI-054, GI-055 GI-056, GI-057. 1340. FFFGEN-1-88351, V-348, GM -019. FFFGEN-1-88353. 1436. PM-009, FFFGEN-1-88349. 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). 155

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents