A/HRC/42/CRP.5 conduct effective investigations into these violations, including criminal investigations especially when the violations amount to war crimes.1211 3. Forced or compulsory labour 520. In its 2018 report the Mission found a pattern of systematic use of men, women and children for forced labour across Kachin and Shan States, throughout the reporting period.1212 During this reporting period, the Mission documented a continued pattern of forced labour by the Tatmadaw against men and boys of several ethnic groups.1213 The types of forced labour documented included portering, construction work, serving as messengers, scouts, cooks and guides, and performing other tasks for the Tatmadaw, including in areas of active conflict.1214 The Mission received credible information from northern Shan State that, regardless of official policies, Tatmadaw soldiers understood that commanders supported the use of unpaid 'local guides' when on the move between locations in conflict areas.1215 521. A Shan man told the Mission: “I am civilian, so when armed people come and tell us to do something, we have no choice, we have to do what they ask. Even if we want to refuse, we cannot.”1216 522. The Mission received accounts of individuals being kicked, punched or otherwise beaten, subjected to derogatory language, or threatened with death, while portering or while being forced to act as guides for the Tatmadaw.1217 Survivors told the Mission that soldiers provided them with insufficient food and water, made them sleep on the ground, forced them to carry heavy loads for long periods and had them prepare their food. 1218 For example, at the end of April 2018, in Kachin State, Tatmadaw soldiers stopped three Kachin boys, aged between 15 and 17 years old, who were coming back from farming and, after asking them about their ethnic background and village of origin, forced them to carry their supplies.1219 For the three following days, soldiers forced the boys to carry heavy loads that exceeded their physical capacity, threatened them with death many times and repeatedly hit them. 523. One of the boys told the Mission: “I cannot count how many times [the Tatmadaw] kicked us or punched us”.1220 Another boy described how the soldiers would check on him at night by kicking him in his sleep. After falling on the ground while carrying a load that was too heavy for him, the Tatmadaw soldier told him: “You Jinghpaw [Kachin]1221 can’t even carry this load, we will kill you”.1222 524. The Mission also received information that the Tatmadaw exposed forced labourers to the dangers of the conflict, including attacks and landmines, similarly to what the Mission documented in Rakhine State.1223 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 142 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, Basic Guideline and Principle 4. A/HRC/39/CRP.2, para 258. The Mission has also documented a pattern of women and girls being subjected to sexual violence in the context of forced labour since 2011 in its 2018 report; A/HRC/42/CRP.4, para. 131-137. GI-005, GI-004, 1078, 1337, PI-149, GI-048, GI-058, rows 71, 29, 41, 48, and 66 of FFFGEN-185769, V-378, FFFGEN-1555826851-4879. GI-023. GI-048. GI-004, GI-005, 1078. GI-004, GI-005, 1078. GI-004, GI-005. GI-005. The peoples of Kachin State include the Jinghpaw (representing the majority and commonly referred to as the “Kachin”), Shan, Ruwang, Lisu, Zaiwa, Lawngwaw, Lachyit, Rakhine and Bamar. Jinghpaw people are also amongst the peoples of Shan State. GI-004. See Chapter V. section F: The conflict between the Tatmadaw and the Arakan Army; Landmines.

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