A/HRC/42/CRP.5
to information and that external pressures must not interfere with their right to make
voluntary decisions about return.
F.
Conclusions and legal findings
659. The Mission found that the fighting between the Tatmadaw and KNLA has resulted
in large-scale displacement and a climate of insecurity for Karen civilians. Like other ethnic
groups in northern Myanmar, the Mission found that Karen IDPs and refugees are
concerned about returning to their home out of fear that they will be targeted rather than
protected by Government security forces.
660. The Mission also found that the Karen, similar to other ethnic groups, have a
legitimate fear of being subjected to the Tatmadaw’s pattern of violations of international
human rights law and international humanitarian law. Uncorroborated but credible
information that the Tatmadaw fired at villages to force them to flee road construction sites
indicates, if confirmed, that the attack was directed against civilians and was done to
forcibly displace the civilian population. Further investigation is required to determine if
the attack violated international human rights law, international humanitarian law or
amounted to war crimes.1572 The Mission also collected information that indicates that the
Tatmadaw’s road and other construction projects have had a severe impact on the lands and
livelihoods of Karen villagers. These issues of land insecurity are compounded by a more
general pattern of land-grabbing that is facing Karen villagers and other ethnic minorities
across the country.1573
661. Their situation is further compounded by a sense that their very identity is being
eroded by the State. For example, and as one Karen interviewee explained: “Before the
ceasefire, the KNU were running more than 1,000 schools. But presently, at the moment
there are only 300 schools left that are directly managed by the Karen.” The ability of the
Karen to instruct in their ethnic language and in accordance with their own culture is
important for them to preserve their culture. .”1574
662. While the Mission is unable to make any legal findings on its limited investigations,
it recommends that the human rights situation of the Karen be further monitored and
investigated due to the potential for the situation to escalate. The Mission reiterates its view
that accountability for past human rights violations and violations of international
humanitarian law of the Karen must be addressed with a view to breaking the cycle of
impunity.
VIII. Conclusions and recommendations
663. Myanmar’s history since its independence in 1948 has been marred by decades of
armed conflicts between the military, now called the Tatmadaw, and armed organisations
based in Myanmar’s ethnic minority regions. Each conflict has invariably entailed
widespread killings and injury to civilians, torture and ill-treatment, gender-based violence,
forced labour, displacement and restrictions on the use of land and livelihoods, access to
education, health services and other basic services, and other severe consequences for the
people of Myanmar. The victims are predominantly people from ethnic minorities: the
Rohingya, Kachin, Shan, Ta’ang, ethnic Rakhine, Chin, Karen or Kokang and many more
not mentioned in this report.
664. Myanmar’s ethnic conflicts have consolidated the notion of a tiered-society, where
the ethnic Bamar majority has been able to occupy a privileged position and minority ethnic
communities have been subjugated. The Mission found that the Tatmadaw has both written
and driven this narrative. The Tatmadaw has fought civil wars inside Myanmar over the
1572
1573
1574
174
See, J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 129 (the act of displacement).
LI-189, LM-041
LM-041
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