A/HRC/42/CRP.5
I. Executive summary
1.
This report provides an update on conflict-related and other human rights violations
and abuses in Myanmar since the Mission’s last report to the Human Rights Council in
September 2018.1 The report focusses on the situation of ethnic minorities in Myanmar’s
Rakhine, Chin, Kachin and Shan States. More specifically, the report highlights the
situation of the Rohingya, the armed conflict between the Arakan Army and the Tatmadaw,
and the situation in northern Myanmar. The report documents violations and abuses under
international human rights law and violations of international humanitarian law, principally
by the Myanmar military, known as the Tatmadaw, and also by ethnic armed organizations
(EAOs). The report also provides a brief overview of the situation of the Karen in Kayin
State and the Kokang Self-Administrative Zone in northern Shan State.
The situation of the Rohingya
2.
The situation of the Rohingya continues to be of grave concern to the Mission. The
Mission did not document in relation to the last year violations of a similar gravity to the
Tatmadaw’s “clearance operations” after attacks on police and military posts on 25 August
2017, described in its last report. However, it confirmed that the Rohingya remain the target
of a Government attack aimed at erasing the identity and removing them from Myanmar,
and that this has caused them great suffering. Additionally, many of the factors that
contributed to the killings, rapes and gang rapes, torture, forced displacement and other
grave human rights violations by the Tatmadaw and other government authorities that the
Mission documented in its 2018 report are still present. This has led to the conclusion that
the situation of the Rohingya in Rakhine State has remained largely unchanged since last
year. The laws, policies and practices that formed the basis of the Government’s
persecution against the Rohingya have been maintained. With another year having passed
without improvements to their dire living conditions, prospects for accountability or legal
recognition as citizens of Myanmar, their plight can only be considered as having
deteriorated.
3.
The Government of Myanmar has made no progress towards addressing the
underlying structural discrimination against the Rohingya by amending the discriminatory
laws, including the 1982 Citizenship Law. State policies that impose and force Rohingya to
accept national verification cards (NVCs) have intensified. The Rohingya continue to
perceive the NVCs with scepticism due to their history as a tool of persecution, having been
used to disenfranchise and “other” them from the rest of the population.
4.
The Mission found that movement restrictions, applied to the Rohingya in a
discriminatory and arbitrary manner, touch almost every aspect of the lives of the 600,000
Rohingya remaining in Rakhine State, affecting basic economic, social and cultural rights,
including their ability to sustain themselves, obtain an education, seek medical assistance or
even pray and congregate.
5.
The lack of safe and viable homes and land for Rohingya to return to is further
exacerbating their situation. The Mission found that Rohingya villages continue to be
bulldozed and razed. An estimated 40,600 structures were destroyed between August 2017
and April 2019, with over 200 settlements almost completely wiped out. Instead, new
structures are being built on land that used to be cultivated and lived on by those who fled.
Paradoxically, the Mission found that Rohingya have been forced to work in constructing
new housing developments, in conditions that amount to forced labour.
6.
Against the backdrop of these unbearable conditions, insecurity has been heightened
as a result of the conflict between the Arakan Army and the Tatmadaw in northern Rakhine,
in areas from which Rohingya were expelled. This has been an additional contributing
1
A/HRC/39/64 and A/HRC/39/CRP.2.
5
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