A/HRC/42/CRP.5
surrounding, their camps or bases. 1381 The Mission received accounts of civilians killed or
injured by landmines and IEDs located in the immediate proximity of civilian populated
areas, next to roads or in areas where civilians move for livelihood-related purposes.1382
576. The Mission was informed of instances in which cattle, on which civilians depended
for their survival, were killed by landmines.1383 Several interviewees told the Mission that
the current contamination increasingly frightened villagers and farmers in their
communities from going to gather water, fruit, vegetables and firewood in the forest or
from taking care of animals and crops in areas located outside their villages.1384
577. One man’s foot was amputated after he stepped on a landmine located next to the
road while on his way to attend to his cow in Mogaung Township, Kachin State, in 2018.
He told the Mission: “Even though [the villagers] became afraid of landmines after what
happened to me, people had to go back and farm, otherwise they would have had nothing to
eat”.1385
578. Although sources reported that in some areas EAOs had warned civilians about the
presence of landmines or IEDs,1386 the Mission received evidence from victims that
contaminated areas were not effectively marked.1387 For example, a child, who was severely
injured by the detonation of an explosive device while looking for firewood in March 2019,
told the Mission:
“The object was round and white …. The other children took it, and I just followed
them … I did not notice anything saying that that area was dangerous”.1388
579. Landmines continue to deter IDPs displaced by the conflict from returning to their
villages and lands.1389 The Mission was told that the presence of landmines near villages
generates fear among IDPs, leading to their reluctance to return.1390 A displaced woman told
the Mission: “I want to go back to my village, but I cannot. It is not safe to go back … and I
am worried that there may be landmines around the village, and that is why I am afraid to
go back”.1391 The Mission received information that in some instances the Tatmadaw
conducted some landmine clearance operations. However, sources expressed concerns
regarding the lack of thoroughness and the quality of clearances, as well as the limited
extent of the areas covered.1392
1.
Conclusions and legal findings
580. The Mission concludes on reasonable grounds that the Tatmadaw and EAOs use
landmines, and IEDs and have left them and other ERWs behind after hostilities. The
Tatmadaw and EAOs are therefore subject to the rules of international human rights law
and international humanitarian law that regulate the use, recording and removal of these
objects. These rules are aimed at ensuring the protection of civilians and the civilian
population which, in Myanmar, have suffered extensively from physical injury,
displacement and lack of access to farm lands and economic activities. International law
prohibits the Tatmadaw and EAOs from using landmines and IEDs to direct attacks against
civilians,1393 using them in ways that amount to indiscriminate attacks1394 and using them
1381
1382
1383
1384
1385
1386
1387
1388
1389
1390
1391
1392
1393
GI-023, GI-048, GI-056, GI-057.
GI-054, GI-055, GI-053, GI-037, GI-038.
GI-053.
V-410, GI-055, GI-054, GI-037, GI-038, GI-053.
1435.
GI-033, GI-37, GI-053.
GI-038, GI-048, GI-053, GI-054, GI-055 GI-056, GI-057.
1340.
FFFGEN-1-88351, V-348, GM -019.
FFFGEN-1-88353.
1436.
PM-009, FFFGEN-1-88349.
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).
155
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