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. 125

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