A/HRC/42/CRP.5 to information and that external pressures must not interfere with their right to make voluntary decisions about return. F. Conclusions and legal findings 659. The Mission found that the fighting between the Tatmadaw and KNLA has resulted in large-scale displacement and a climate of insecurity for Karen civilians. Like other ethnic groups in northern Myanmar, the Mission found that Karen IDPs and refugees are concerned about returning to their home out of fear that they will be targeted rather than protected by Government security forces. 660. The Mission also found that the Karen, similar to other ethnic groups, have a legitimate fear of being subjected to the Tatmadaw’s pattern of violations of international human rights law and international humanitarian law. Uncorroborated but credible information that the Tatmadaw fired at villages to force them to flee road construction sites indicates, if confirmed, that the attack was directed against civilians and was done to forcibly displace the civilian population. Further investigation is required to determine if the attack violated international human rights law, international humanitarian law or amounted to war crimes.1572 The Mission also collected information that indicates that the Tatmadaw’s road and other construction projects have had a severe impact on the lands and livelihoods of Karen villagers. These issues of land insecurity are compounded by a more general pattern of land-grabbing that is facing Karen villagers and other ethnic minorities across the country.1573 661. Their situation is further compounded by a sense that their very identity is being eroded by the State. For example, and as one Karen interviewee explained: “Before the ceasefire, the KNU were running more than 1,000 schools. But presently, at the moment there are only 300 schools left that are directly managed by the Karen.” The ability of the Karen to instruct in their ethnic language and in accordance with their own culture is important for them to preserve their culture. .”1574 662. While the Mission is unable to make any legal findings on its limited investigations, it recommends that the human rights situation of the Karen be further monitored and investigated due to the potential for the situation to escalate. The Mission reiterates its view that accountability for past human rights violations and violations of international humanitarian law of the Karen must be addressed with a view to breaking the cycle of impunity. VIII. Conclusions and recommendations 663. Myanmar’s history since its independence in 1948 has been marred by decades of armed conflicts between the military, now called the Tatmadaw, and armed organisations based in Myanmar’s ethnic minority regions. Each conflict has invariably entailed widespread killings and injury to civilians, torture and ill-treatment, gender-based violence, forced labour, displacement and restrictions on the use of land and livelihoods, access to education, health services and other basic services, and other severe consequences for the people of Myanmar. The victims are predominantly people from ethnic minorities: the Rohingya, Kachin, Shan, Ta’ang, ethnic Rakhine, Chin, Karen or Kokang and many more not mentioned in this report. 664. Myanmar’s ethnic conflicts have consolidated the notion of a tiered-society, where the ethnic Bamar majority has been able to occupy a privileged position and minority ethnic communities have been subjugated. The Mission found that the Tatmadaw has both written and driven this narrative. The Tatmadaw has fought civil wars inside Myanmar over the 1572 1573 1574 174 See, J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 129 (the act of displacement). LI-189, LM-041 LM-041

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