A/HRC/42/CRP.5
human rights violations, with significant displacements. The hostilities stand in the way of a
potential return of the Karen refugees who have settled in refugee camps along the
Myanmar-Thai border.
23.
The situation in the Kokang Self-Administrative Zone also requires further
investigation. Cyclical bouts of hostilities in this region of northern Shan State appear to
bear some of the hallmarks of Tatmadaw’s operations, including the killing of civilians and
a range of restrictions, including on humanitarian access, that have led to significant
displacement of the civilian population.
24.
While each of the situations of the ethnic minorities in Myanmar is distinct with its
own facts and dimensions, a common thread underlies the situation of each of the ethnic
groups. All ethnic groups highlighted in this report have suffered human rights violations
and violations of international humanitarian law at the hands of the Tatmadaw. They have
experienced the insecurity and hardship that prevail wherever the Tatmadaw operates. They
have all been driven off their traditional lands and subjected to forms of marginalisation as
a result of the Tatmadaw’s policies.
25.
All the ethnic minority communities that the Mission investigated have been
deprived of justice for the serious human rights violations perpetrated against them. For this
reason, the Mission found it necessary to highlight once again the situation of ethnic
minorities in Myanmar, to provide an independent and impartial assessment of the
violations committed against them, and to call on the Government of Myanmar and the
international community to put a halt to these violations by finally breaking the cycle of
impunity that protects the Tatmadaw and leads to further violence in the future.
II. Introduction
26.
This report complements the Mission’s report submitted to the Human Rights
Council pursuant to resolution 39/2,2 by which the Council extended the mandate of the
Independent International Fact-Finding Mission on Myanmar (“the Mission”). The Council
requested the Mission to present a final report on its activities to the Council at its fortysecond session.
27.
This report focuses on human rights developments since September 2018. It
highlights the situation of ethnic groups in Rakhine, Chin, Kayin, Kachin and Shan States,
focussing on conflict-related human rights violations and abuses and violations of
international humanitarian law. It also provides a legal analysis of the situation of the
Rohingya under the rules of State responsibility and the 1948 Genocide Convention, to
which Myanmar is a party. The Mission further presents its findings on the situation of the
conflict between the Tatmadaw and the Arakan Army since the beginning of 2019 and the
latest developments in northern Myanmar.
28.
The Mission comprised three experts: Marzuki Darusman (Indonesia, chair),
Radhika Coomaraswamy (Sri Lanka) and Christopher Sidoti (Australia).
29.
The Mission regrets the continuing lack of cooperation from the Government of
Myanmar, despite the numerous appeals made by the Human Rights Council and the
Mission. During the reporting period, the Mission requested to meet with the Permanent
Representative of Myanmar in Geneva on two occasions and requested country access on
12 February 2019. It sent a detailed list of questions pertaining to the mandate of the
Mission on 28 March 2019. The Mission received no official response to any of its
communications. The Mission’s draft main findings were shared with the Government prior
to its public release, providing an opportunity to comment or make factual corrections. No
response was received. This conference room paper, containing the detailed findings of the
Mission in relation to conflict-related and other human rights violations, was also shared
with the Government on 11 September 2019. No response was received. The Mission’s
letters are in annex 2.
2
8
A/HRC/42/50.
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