A/HRC/42/CRP.5 rights law and international humanitarian law, including war crimes that require effective criminal investigation. 14. The Mission also concluded on reasonable grounds that the Tatmadaw’s firing indiscriminately into the ancient town of Mrauk-U violated rules under international law that protect cultural property. 15. Notably, however, the Mission did not find evidence of the Tatmadaw engaging in widespread mass sexual violence against ethnic Rakhine women as a part of its military strategy to combat the AA. This is in striking contrast to the widespread and systematic use of sexual violence against the Rohingya during the 2017 “clearance operations”. It indicates that the highest levels of command appear to be able to control when their troops do or do not use sexual violence during attacks on civilians and civilian populations. 16. Although to a much lesser extent than the Tatmadaw, the Mission found that the Arakan Army has also been responsible for human rights abuses and violations of international humanitarian law, including forced labour and abductions of civilians. The Mission finds that these violations require effective investigation. Northern Myanmar 17. The Mission found that many of the patterns of violations in northern Myanmar, documented in its last report, have continued despite the Tatmadaw’s unilateral ceasefire since December 2018. While fighting has decreased in Kachin State, it has continued and recently increased in northern Shan State, resulting in the death and injury of civilians. Casualties may have been the result of indiscriminate attacks by the parties to the conflict in violation of international humanitarian law and warrant further investigation. 18. The Mission found that torture by Tatmadaw and Tatmadaw-supported militia of suspected members of EAOs have continued throughout the last twelve months. The Mission also found that, while sexual and gender-based violence was not prevalent in some other ethnic conflicts, it remains a prominent feature of the conflicts in Shan and Kachin States, although not on the scale or with the extremity as against the Rohingya in 2017. 19. The humanitarian situation in northern Myanmar continues to be of grave concern, with another year passing without UN access to non-government controlled areas and with IDPs unable to return to their lands, due to the prevailing insecurity in the region. The amendment of the Vacant, Fallow and Virgin Land Management Act has further exacerbated the situation. It has created uncertainty over land titles and communal usage of land, indispensable for the many ethnic populations in northern Myanmar dependent on land for their livelihoods. 20. The Mission also found that EAOs have been involved in human rights abuses and violations of international humanitarian law in the context of the armed conflicts in northern Myanmar. Abuses have included arbitrary detention and cruel treatment. The Mission also documented or received information on alleged cases of EAOs forcibly recruiting adults, recruiting and using children, using landmines and exposing civilians under their control to the effects of attacks. The Mission also collected information about allegation of the persecution of the Christian minorities that warrants further investigation. The Mission also concludes that further investigation is requird into reports of sexual and gender-based violence by EAOs in Kachin and Shan States. 21. The Mission gathered limited information on the situation of the Karen ethnic group in Kayin State and the ethnic groups of the Kokang Self-Administrative Zone from northern Shan State, with a view to drawing attention to these situations and the need for further investigations. 22. With respect to the Karen, the Mission found that further investigations into allegations that the Tatmadaw continues to violate their rights in the context of longstanding armed hostilities that date back to 1949 are warranted. The Tatmadaw’s construction of a road has been the cause of renewed fighting between the Tatmadaw and the Karen National Liberation Army (KNLA). That has triggered credible reports of new 7

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