A/HRC/42/CRP.3
and approval of the Tatmadaw’s actions. This conclusion is most notable in northern
Rakhine, where private businesses are assisting the implementation of the inhumane
and discriminatory policies of the Tatmadaw specifically and the government as a whole
under the guise of economic development and reconstruction.
180.
In this report, the Mission has concluded on reasonable grounds that:
(a)
Two Tatmadaw conglomerates, Myanmar Economic Holdings Limited
(MEHL) and Myanmar Economic Corporation (MEC), are owned and influenced by
senior Tatmadaw leaders, including the Commander-in-Chief Senior General Min
Aung Hlaing and the Deputy Commander-in-Chief Vice Senior General Soe Win,
responsible for gross violations of international human rights law and serious violations
of international humanitarian law. The Mission identified 106 MEHL and MEC owned
businesses across diverse sectors of the economy – from construction and gem
extraction to manufacturing, insurance, tourism and banking, and a further 27
businesses that are closely affiliated with the MEHL and MEC through corporate
structures. The revenue that these military businesses generate strengthens the
Tatmadaw’s autonomy from elected civilian oversight and provides financial support
for the Tatmadaw’s operations with their wide array of international human rights and
humanitarian law violations.
There are strong and persistent business and familial links between the
Tatmadaw, its conglomerates MEHL and MEC, and a number of private Myanmar
companies and conglomerates, colloquially known as “crony companies”.
(b)
Human rights and international humanitarian law violations, including
forced labour and sexual violence, have been perpetrated by the Tatmadaw in mining
areas, particularly in Kachin State, in connection with their business activities. MEHL
and MEC and 23 of their identified subsidiaries have numerous licenses for jade and
ruby mining in Kachin and Shan States.
(c)
At least 45 companies and organizations provided the Tatmadaw with
USD 6.15 million in financial donations that were solicited in September 2017 by senior
Tatmadaw leadership in support of the “clearance operations” that began in August
2017 against the Rohingya in northern Rakhine. The Mission also found that private
companies with enduring links to the Tatmadaw are financing development projects in
northern Rakhine in furtherance of the Tatmadaw’s objective of re-engineering the
region in a way that erases evidence of Rohingya belonging in Myanmar, and
preventing their return to access their homeland and communities. These projects,
carried out under the Union Enterprise for Humanitarian Assistance, Resettlement and
Development in Rakhine (UEHRD) consolidate the consequences of war crimes, crimes
against humanity and acts of genocide.425 On the basis of these findings, the Mission has
identified private companies with officials who may have made a substantial and direct
contribution to the commission of crimes under international law, including the crime
against humanity of “other inhumane acts” and persecution, warranting their criminal
investigation.
(d)
14 foreign companies have joint ventures and at least 44 foreign
companies have other forms of commercial ties with Tatmadaw businesses. Through
such joint venture and commercial relationships, the Mission finds that any foreign
business activity involving the Tatmadaw and its conglomerates MEHL and MEC poses
a high risk of contributing to, or being linked to, violations of international human
rights law and international humanitarian law. At a minimum, these foreign companies
are contributing to supporting the Tatmadaw’s financial capacity.
(e)
At least 14 foreign companies from seven States have provided arms and
related equipment to the Tatmadaw since 2016, after the Tatmadaw’s dismal human
rights record was widely and publicly known. Moreover, the public record made it clear
425
Jennifer Balint, Kristian Lasslett and Kate Macdonald, ““Post-Conflict” Reconstruction, the Crimes
of the Powerful and Transitional Justice,” State Crime Journal, Vol. 6, No. 1, “Post-Conflict”
Reconstruction, the Crimes of the Powerful and Transitional Justice (Spring 2017), pp. 4-12. See also;
Loewenstein, A. (2017) Disaster Capitalism: Making a Killing Out of Catastrophe. New York: Verso.
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