A/HRC/42/CRP.5 VII. Renewed human rights violations against the ethnic Karen “My whole life I have been running living in fear.”1519 634. As a result of a notable escalation of hostilities since 2018 resulting in displacement of Karen civilians, the Mission carried out a prelminary investigation into the situation of the Karen ethnic minority. Due to time and resource constraints, a complete investigation into the many complex issues facing the Karen could not be undertaken. However, the Mission decided to focus its investigation on recent human rights violations arising from the road-building project in Karen National Union (KNU) controlled territories which began in late 2017. This limited investigation is not fully reflective of the serious human rights violations reported to have taken place, including violations that reportedly took place outside the Mission’s mandate to investigate “recent violations”. A. Background 635. The Karen are one of the recognised ethnic minorities of Myanmar, and is the broader name of a number of sub-ethnicities residing in the south-east of Myanmar. 636. Hostilities between the Government of Myanmar and the Karen National Liberation Army (KNLA), the armed wing of the KNU, have been ongoing since 1949. During much of this time the Tatmadaw has been reported as having been responsible for a long legacy of severe and regular violations of international human rights law and international humanitarian law,1520 including sexual and gender-based violence against Karen women and girls.1521 The conflict led to the mass displacement of Karen civilians, tens of thousands of whom remain confined in refugee camps situated along the Thai-Myanmar border.1522 637. Whilst many Karen reside in Kayin State (formerly known as Karen State), there are also significant populations of Karen communities located in other states and divisions in south-east Myanmar, equally affected by these issues. Thus this chapter is relevant for all Karen communities affected by these developments. 638. In areas under the KNU’s control, it carries out various government-like functions, including maintaining a governance system that collects formally registered taxes; providing a basic justice system with a police force; registering, regulating and providing ownership titles for agricultural land; regulating and managing forestry and other forms of land use; and providing basic social services, including education and healthcare. 1523 1519 1520 1521 1522 1523 LI-198 LM-038, FFFGEN-1-84326. See also: Guy Horton, “Dying Alive: An Investigation and Legal Assessment of Human Rights Violations Inflicted In Burma, With Particular Reference to the Internally Displaced, Eastern Peoples”, 2005; Daniel Pedersen, “Secret Genocide: Voices of the Karen of Burma,” Maverick House, 2011. Human Rights Watch, They Came and Destroyed Our Village Again: The Plight of Internally Displaced Persons in Karen State (June, 2005). LM-041, FFFGEN-1-84321. See also: Karen Women’s Organisation, Shattering Silences: Karen Women speak out about the Burmese Military Regime’s use of Rape as a Strategy of War in Karen State, (April, 2004); Karen Women’s Organization, State of Terror: The ongoing rape, murder, torture and forced labour suffered by women living under the Burmese Military Regime in Karen State, (February, 2007); Karen Women’s Organization, Walking Amongst Sharp Knives: The unsung courage of Karen women village chiefs in conflict areas of Eastern Burma (February, 2010); Karen Human Rights Group, Suffering in silence? Sexual violence against women in Southeast Myanmar, (December, 2018). GM-007. See also: Asia News, “Over 97,000 refugees in Thai camps on Myanmar border” (14 January 2019) LM-038, LM-041, Saferworlds, Security, justice and governance in South East Myanmar: A knowledge, attitudes and practices survey in Karen ceasefire areas (January 2019), The Asia Foundation, Ceasefires, Governance, and Development: The Karen National Union in Times of Change (December, 2016). 169