A/HRC/42/CRP.3
a contract reportedly worth about USD 204 million.381 The fighter planes are also produced
by the State-owned Irkutsk Corporation. In January 2018, the Tatmadaw carried out airstrikes
in Tanai, Kachin State, in which civilians were killed and property was destroyed, causing
displacement and destruction of livelihoods.382 The Mission received credible reports that the
Tatmadaw used Mil Mi-35 helicopter gunships in the attack.383
156. Media reports of statements from government officials provided the Mission with
general and specific confirmation of several of these transfers. They also made it clear that
the equipment had been or would be used in contexts—namely counter-insurgency and
counterterrorism operations—in which the Tatmadaw was notorious for committing
violations of international human rights law and international humanitarian law. In early
2018, Russian Federation Deputy Defence Minister Alexander Fomin was publicly quoted
as saying the fighter planes would “become the main fighter aircraft of Myanmar’s air force
to protect the country’s territorial integrity and repel any terror threats.” 384 At a press
conference following the 8th Moscow Conference on International Security in April 2019,
Commander-in-Chief Senior General Min Aung Hlaing said that Russia’s military hardware
was “very useful” for his military in key locations in Myanmar. 385 The State-owned
newspaper Global New Light of Myanmar also reported that a military delegation led by
Commander-in-Chief Senior General Min Aung Hlaing visited the Irkutsk Aviation Plant on
23 April 2019.386
157. In addition to the credible reports and high profile attention at the United Nations
given to the Myanmar human rights crisis described in paragraph 152 above, Russia also
knew or ought to have known from the acts of other States about the adverse international
human rights law and international humanitarian law consequences its arms transfers would
have. This includes the arms embargoes imposed by numerous other governments, many of
which were maintained or widened in reaction to widespread violence and human rights
violations by the military and other security forces against minority groups in Rakhine,
Kachin and Shan States.387
158. The Mission’s investigation also found arms transfers arriving from China. In May
2017, it was reported that the Tatmadaw was acquiring SY-400 short-range precision surfaceto-surface ballistic missile systems, manufactured by the China State-owned China
Aerospace Science and Industry Corporation.388 In November 2018, the Tatmadaw Air Force
received its first six JF-17M “Thunder” combat aircraft out of a total of 16 aircraft ordered
in 2015 on a USD 560 million contract with the Chinese State-owned Aviation Industry
381
382
383
384
385
386
387
388
56
Andrew Selth, “Myanmar: pariah status no bar to defence modernisation,” The Lowy Institute
(https://www.lowyinstitute.org/the-interpreter/myanmar-pariah-status-no-bar-defence-modernisation).
GI-011, GI-026, A/HRC/39/CRP.2, paragraphs 310, 311.
PM-008.
Oliver Slow, “Amid Continued Criticism, Myanmar Still Spending Big on Military,” VOA News, 1
February 2018 (https://www.voanews.com/a/myanmar-military-spending/4234303.html).
Moe Myint, “Russia Building Six Advanced Fighter Jets for Myanmar Military,” 25 April 2019
(https://www.irrawaddy.com/news/burma/russia-building-six-advanced-fighter-jets-myanmarmilitary.html).
The Global New Light of Myanmar, “Senior General visits Irkutsk Aviation Plant, Irkutsk town,” 23
April 2019 (http://www.globalnewlightofmyanmar.com/senior-general-visits-irkutsk-aviation-plantirkutsk-town/).
See paragraph 148. For example, in February 2018, the EU Council condemned widespread,
systematic grave human rights violations committed by the Myanmar military and other security
forces. It confirmed the relevance of the existing embargo and on 26 April 2018 it expanded the
restrictive measures on Myanmar with a prohibition on the export of dual-use goods for military and
Border Guard Police end users, restrictions on the export of equipment for monitoring
communications that might be used for internal repression, and on military training and military
cooperation. See: Council Regulation (EU) 2018/647 of 26 April 2018 amending Regulation (EU) No
401/2013 concerning restrictive measures in respect of Myanmar/Burma.
“Myanmar looks to buy Chinese SY-400 ballistic missile systems,” 5 May 2017 (https://defenceblog.com/news/myanmar-looks-to-buy-chinese-sy-400-ballistic-missile-systems.html).
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