A/HRC/42/CRP.5 composition of Rakhine State through the relegation of Rohingya to inhumane living conditions, by pushing them off their lands and by keeping them off their lands. The Mission concludes on reasonable grounds that ending the Rohingya’s human rights crisis requires, among other measures, both accountability and humane investment in “clean” markets and industries that are not tainted by their links to the Tatmadaw. Those considering business or development assistance in Rakhine State need to undertake a comprehensive and effective evaluation of the Government’s policies towards Rohingya to ensure that any economic engagement does not directly or inadvertently perpetuate the widespread pain and suffering the Government is causing the Rohingya, the damage the Government has caused to their homes and properties, and the risks that the Government’s policies pose to future generations of Rohingya, in particular children, to live with dignity and respect. The Tatmadaw’s tight hold on Rakhine State and the continuing persecution of the remaining Rohingya population make it impossible under the current circumstances to undertake business, investment or development there without either enriching the Tatmadaw further or reinforcing both the expulsion of the majority of the Rohingya population and the marginalisation of those who remain. The Mission concludes that a moratorium should be imposed on domestic and international investment and development assistance in Rakhine State at this time. Such moratorium could be ended once the restrictions on the remaining Rohingya population in Rakhine are lifted and they can enjoy rights free from discrimination on the basis of equality with the non-Rohingya population. This, in turn, would allow the Rohingya to benefit from investment and development assistance on an equal footing with the rest of the population in Rakhine State. In implementing a moratorium, due consideration should be given to ensure it does not have adverse socio-economic impacts on Rohingya and other communities in Rakhine State that would result in further harm. The moratorium must not prevent life-saving programmes and services from being provided. V. The Conflict between the Tatmadaw and the Arakan Army A. Introduction 252. On 4 January 2019, as Myanmar celebrated its Independence Day, the Arakan Army (AA) launched coordinated attacks on four border police outposts in northern Buthidaung Township, Rakhine State, killing 13 police officers.570 On 7 January 2019, the spokesperson of the President’s Office reportedly stated that the Myanmar Government had “directed” the military to carry out “counter-insurgent operations”.571 There have been clashes between the AA and the Tatmadaw since 2015, predominantly in Paletwa Township in Chin State, resulting in continuing displacement of Chin communities. The conflict intensified from October 2018. However, 4 January 2019 marked a significant escalation in hostilities, bringing the conflict down into Rakhine state for the first time on a large scale. 253. Since January 2019, the Tatmadaw has been conducting airstrikes with fighter jets, deployed helicopters, and relied on heavy artillery to target AA positions, as well as engaged in gunfire battles, including in and around villages. The Mission documented the Tatmadaw’s use of force resulting in loss of civilian life, civilian injury, and damage to civilian objects, including important objects of cultural heritage. In several instances, this was due to the Tatmadaw’s use of force in areas close to civilian settlements. In some cases the attacks were conducted with such disregard for civilian life as to constitute 570 571 80 Global New Light of Myanmar, “AA launches massive coordinated attacks on four border police outposts in Buthidaung Township, leaves 9 injured, 13 police personnel killed” (5 January 2019). Global New Light of Myanmar, “Coord meeting on international relations, national security held at Presidential Palace” (8 January 2019); Reuters, “Myanmar's civilian, military leaders meet, vow to "crush" Rakhine rebels” (7 January 2019). See also: The Irrawaddy, “AA must give up goal of confederation: Myanmar military” (18 January 2019), noting that on 18 January 2019 at a press conference, a military spokesman claimed that during the 7 January 2019 meeting Aung San Suu Kyi “instructed us to effectively crush the AA” .

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