A/HRC/42/CRP.3 Tatmadaw Commander-in-Chief, Senior General Min Aung Hlaing on 1 September 2017326 and on 10 September 2017.327 Max Myanmar donated USD 654,000328 to the UEHRD during a fundraising ceremony at which the State Counsellor spoke about improving the border fence.329 It donated USD 976,857330 to Tatmadaw Commander-in-Chief Min Aung Hlaing on 1 September 2017331 and following a ceremony on 21 September 2017.332 135. As noted above in the legal framework section, providing financial support to an organization directly committing crimes is sufficient for the contribution to be deemed substantial. KBZ Group and Max Myanmar, the two companies that the Mission identified as specifically funding the building of the fence, provided funds to the direct perpetrators, the Tatmadaw and civilian leaders, who needed money to build a barrier fence, which secured and consolidated the deportation of the Rohingya people from their homeland in northern Rakhine State and played an integral part in the inhumane act of preventing Rohingya from accessing their homeland. Therefore, they made a substantial contribution to the crime. In addition, the Mission has evidence that officials of KBZ Group and Max Myanmar were aware that the fence and other measures described in the fundraising ceremonies and in the UEHRD would contribute to the inhumane act of preventing the Rohingya from accessing their homes and property. This was evident by the repeated public hate-filled rhetoric of Tatmadaw Commander-in-Chief Senior General Min Aung Hlaing directed against the Rohingya people as a whole and his references to the “Bengali problem”.333 Nyo Myint, 326 327 328 329 330 331 332 333 48 September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/345/entire-governmentinstitutions-and-people-must-defend-the-country-with-strong-patriotism/). Official website of Senior General Min Aung Hlaing Commander-in-Chief of Defence Services, “Entire government institutions and people must defend the country with strong patriotism,” 2 September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/345/entire-governmentinstitutions-and-people-must-defend-the-country-with-strong-patriotism/). Official website of Senior General Min Aung Hlaing Commander-in-Chief of Defence Services, “Lack of country-loving spirits may lead to disunity and all citizens should have country-loving spirits, patriotic spirits and Myanmar spirits,” 11 September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/486/lack-of-country-loving-spirits-may-leadto-disunity-and-all-citizens-should-have-country-loving-spirits-patriotic-spirits-and-myanmarspirits/). Ayeyarwady Foundation, “Ayeyarwady Foundation donated for Rakhine State” (http://www.ayeyarwadyfoundation.org/en_US/ayeyarwady-foundation-donated-for-rakhine-state/) The Republic of the Union of Myanmar, “Voices from Donation Ceremony for UEHRD,” State Counsellor Office 21 October 2017 (https://www.statecounsellor.gov.mm/en/node/1185) Official website of Senior General Min Aung Hlaing Commander-in-Chief of Defence Services, “Cash donations will be used in the areas where help is really in need according to the wish of the donors,” 22 September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/1410/sep-22cash-donations-will-be-used-in-the-areas-where-help-is-really-in-need-according-to-the-wish-of-thedonors/). Official website of Senior General Min Aung Hlaing Commander-in-Chief of Defence Services, “Entire government institutions and people must defend the country with strong patriotism,” 2 September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/345/entire-governmentinstitutions-and-people-must-defend-the-country-with-strong-patriotism/) Although the barrier fence was not explicitly mentioned in the website reporting on the 1 September fundraising ceremony, the intention to prevent Rohingyas from returning to Myanmar was elaborated on extensively and the fence was mentioned explicitly on the website reporting on the two subsequent ceremonies. Official website of Senior General Min Aung Hlaing Commander-in-Chief of Defence Services, “Cash donations will be used in the areas where help is really in need according to the wish of the donors,” 22 September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/1410/sep-22cash-donations-will-be-used-in-the-areas-where-help-is-really-in-need-according-to-the-wish-of-thedonors/). Official website of Senior General Min Aung Hlaing Commander-in-Chief of Defence Services, “Entire government institutions and people must defend the country with strong patriotism,” 2 September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/345/entire-governmentinstitutions-and-people-must-defend-the-country-with-strong-patriotism/); “Lack of country-loving spirits may lead to disunity and all citizens should have country-loving spirits, patriotic spirits and Myanmar spirits,” 11 September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/486/lack-of-country-loving-spirits-may-leadto-disunity-and-all-citizens-should-have-country-loving-spirits-patriotic-spirits-and-myanmar-

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