A/HRC/42/CRP.3
139. The ceremonies took place while mass atrocities including extermination and mass
displacement of the Rohingya people, were still occurring. This timing, combined with
Senior General Min Aung Hlaing’s hateful rhetoric during the ceremonies directed towards
the entire Rohingya population, provides reasonable grounds for the Mission to conclude that
those attending and making donations at the Tatmadaw’s funding ceremonies were aware of
the likelihood that their donations would substantially contribute to ensuring the Rohingya
population cannot return to their villages and communities. This is especially true in the
context of the extremely close relationship between the Tatmadaw and many of the donors,
who included current and former Tatmadaw members and their relatives. 340
140. The amount of financial support received by Senior General Min Aung Hlaing during
these funding ceremonies was significant (USD 6.15 million) and contributed in a meaningful
way to the Tatmadaw’s continuing operations in northern Rakhine State. Through their
donations, these companies and their officials, supported and facilitated the “clearance
operations” that entailed a number of crimes under international law. For these reasons, the
Mission has reasonable grounds to conclude that a criminal investigation should be
undertaken to determine if donors who made donations made at the Tatmadaw’s funding
ceremonies incur international criminal liability. Annex IV of this report provides a list of
companies and other actors known to have made donations at those ceremonies.341
B.
MEHL and MEC joint ventures and commercial partnerships with
foreign companies and foreign State-owned enterprises
141. Partnerships with foreign companies and foreign State-owned enterprises facilitate the
Tatmadaw’s reach in diverse industries across Myanmar. The Mission identified 14 foreign
companies that it concluded on reasonable grounds have maintained or entered into joint
ventures with MEHL, MEC or one of their subsidiaries. 342 These foreign companies are
involved in manufacturing, construction and real estate development, tobacco, arts,
entertainment and recreation, mining and quarrying, and in the information and
communication sectors.343 The Mission identified another 44 foreign companies that it
concluded on reasonable grounds have had other types of relationships with MEHL, MEC,
and their subsidiaries either through contractual or other commercial ties.344
142. The nature of the relationships is illustrated by MEHL’s partnership with Wanbao
Mining Ltd., a wholly owned subsidiary of China North Industries Corporation (NORINCO),
a Chinese State-owned enterprise, in Myanmar’s two largest two copper mines in Sagaing
State. Wanbao Mining Ltd. operates the Monywa Letpadaung copper mine through its wholly
owned subsidiary Myanmar Wanboa Mining Copper Ltd. According to the terms of the
mining concession, Myanmar’s State-owned Mining Enterprise 1 (ME1) is entitled to 51 per
cent of the profits from Letpadaung, Myanmar Wanbao Mining Copper Ltd. is entitled to 30
per cent of the profits, and MEHL is entitled to 29 per cent of the profits. 345 Wanbao Mining
Ltd. also operates the Sabai Mountain and Kyay Sin Mountain (S&K) Mine through its
340
341
342
343
344
345
50
See paragraph 120; See Annex IV. List of donors and details of donations solicited by the Tatmadaw
in September 2017.
See Annex IV. List of donors and details of donations solicited by the Tatmadaw in September 2017.
See Annex II. Myanmar Economic Holdings Limited (MEHL) and Myanmar Economic Corporation
(MEC).
See Figure 2: Foreign company joint ventures with MEHL and MEC by Industry
See Annex II. Myanmar Economic Holdings Limited (MEHL) and Myanmar Economic Corporation
(MEC).
Amnesty International, “Open for Business? Corporate Crimes and Abuses at Myanmar Copper
Mine” (2015); Myanmar Extractive Industries Transparency Initiative (MEITI): The Fourth Myanmar
EITI Report For the Period 1 April 2016 to 31 March 2017 (FY 2016-2017), Oil and Gas, Gems and
Jade, Other Minerals and Pearl, 30 March 2019 (
https://myanmareiti.org/sites/myanmareiti.org/files/publication_docs/4th_meiti_report_30_march_20
19_1.pdf), pg. 72; Reference No. 5/3/Ah Kha Ya/Pai (2124/2018), “Submitting MEHL’s information
and data for EITI process,” 25 June 2018
(https://myanmareiti.org/files/uploads/mehl_information_data_for_eiti.pdf).
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