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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