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
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