A/HRC/25/64
31.
The Special Rapporteur also met, in Monywa, with representatives from Wanbao,
the Chinese company active in developing the copper mine at Letpadaung, who expressed
their commitment to addressing the concerns of the local community. The Special
Rapporteur highlights the responsibility of all investors and businesses to abide by the
Guiding Principles on Business and Human Rights: Implementing the United Nations
“Protect, Respect and Remedy” Framework (A/HRC/17/31, annex). He recommends that
human rights impact assessments be incorporated into the environmental and social impact
assessments undertaken by large-scale development projects, which requires meaningful
consultations with potentially affected groups before the start of the project. He also
highlights the guiding principles on human rights impact assessments of trade and
investment agreements (see A/HRC/19/59/Add.5) as providing pertinent guidance on how
Myanmar can ensure that the trade and investment agreements it concludes are consistent
with its international human rights obligations.
32.
The Special Rapporteur is encouraged by the good progress Myanmar has made in
recent months in preparing for Extractive Industries Transparency Initiative candidature.
Membership will help to improve openness and the accountable management of revenues
from natural resources. With the full disclosure of taxes and other payments made by oil,
gas and mining companies, the public will be able to see how much the Government is
receiving from the country’s natural resources.
F.
Situation in ethnic border areas
33.
Ceasefire agreements have now been signed between the Government and 14 ethnic
armed groups, which is a major achievement. The Kachin Independence Army and the
Ta’ang (Palaung) National Liberation Army are the two major ethnic armed groups not to
have signed. During his meeting with the Minister of the President’s Office, U Aung Min,
the Special Rapporteur learned of the efforts to secure a national ceasefire accord by April
and the plans for subsequent political dialogue.
34.
Fighting continues in Kachin State and northern Shan State, with military operations
ongoing against the Kachin Independence Army, the Shan State Army-North and the
Ta’ang (Palaung) National Liberation Army. During his drive from Myitkyina to Laiza, a
non-Government controlled town in Kachin State, the Special Rapporteur witnessed the
physical destruction the fighting had brought to villages since fighting restarted in June
2011 following the breakdown of a 17-year ceasefire. Clashes in October and November
2013 displaced more than 2,400 people in Mansi, southern Kachin State, including 1,600
people from Nam Lim Pa who were displaced for the second time to internally displaced
persons’ (IDP) camps bordering Chin State and northern Shan State. In total, some 100,000
people remain displaced in Kachin and northern Shan State. While in Laiza, the Special
Rapporteur visited the Je Yang IDP camp to speak with people who had been violently
displaced during military advances into their villages in August 2011, and listened to
allegations of human rights violations suffered by their families and community members.
This included more recent allegations of sexual violence against Kachin women and the
arbitrary detention and torture, during interrogation, of young Kachin men. Since his
previous report, the Special Rapporteur has continued to receive allegations of serious
human rights violations accompanying military offensives. This includes allegations that
more than 100 women and girls had been raped by army soldiers since 2010, and reports of
47 cases of gang rape and 28 women dying as a result of their injuries. Most of the cases
are linked to the military offensives in Kachin State and northern Shan State since 2011.
35.
Throughout his mandate, the Special Rapporteur has highlighted the widespread and
systematic human rights violations that have accompanied the armed conflict in the ethnic
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