A/HRC/42/CRP.3
2018 Rohingya told the UN Special Rapporteur on the situation of human rights in Myanmar
that on the Myanmar side of the fence loudspeakers play a recording telling them that it is
illegal for them to be there and demanding that they leave the area.265 This is a further
indication that the fence’s purpose was to keep Rohingya away from their homes and off their
land. The Experts of the Mission visited this community and spoke to its leaders in May
2019.266 By March 2018 new fencing was reportedly completed along all but 60 kilometres
of the border, following a February 2018 parliamentary approval of USD 15 million for this
purpose.267 The timing and the context of the fence’s re-inforcement and purpose further
substantiates the Mission’s previous finding that the building of the fence substantially
contributed to an official plan or policy that prevents the Rohingya refugees in Bangladesh
from returning to their homeland and communities. 268
113. The Mission found that companies played a substantial role in the Government’s
building of this barrier fence along the Bangladesh-Myanmar border. In late October 2017,
as people were still fleeing to Cox’s Bazaar, Bangladesh,269 KBZ Group donated USD 2.2
million to UEHRD through its charitable arm, the Brighter Future Foundation, to build a
section of the border fence between Myanmar and Bangladesh. 270 The media reported that
Nyo Myint, senior managing director of KBZ Group, said his donation was meant to deter
illegal migration.271 The Mission has determined that reference to “illegal migration” is
indicative of the pervasive climate of hatred and contempt toward the Rohingya and a false
narrative propagated to breed hatred against the Rohingya.272
114. Also in late October 2017, Max Myanmar’s Ayeyarwady Foundation reported that
chairperson Zaw Zaw donated Ks 1 billion (USD 654,000) to the UEHRD during a
265
266
267
268
269
270
271
272
40
Oral update by the High Commissioner for Human Rights on the situation of human rights of
Rohingya people, A/HRC/38.CRP.2, para 14, also see End of mission statement by Special
Rapporteur on the situation of human rights in Myanmar, Dhaka, 8, July 2018,
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23347&LangID=E. See
also FI-051 and FM-006.
“UN Independent International Fact-Finding Mission on Myanmar urges financial isolation of
Myanmar military”, 14 May 2019
(https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=24608&LangID=E
V-207; Global New Light of Myanmar, “Pyidaungsu Hluttaw discusses housing, infrastructure loans”
(23 May 2018); Meeting summary, 9th day of the 7th Regular Session, 2nd Pyidaungsu Hluttaw,
Republic of Union of Myanmar (Official meeting notes, 22 February 2018),
https://pyidaungsu.hluttaw.mm/uploads/pdf/okyLLx_9%20Day%20Meeting(22-2-2018).pdf. In
addition, activities to reinforce the fences intensified after March 2018 following a “flag meeting”
between Bangladesh and Myanmar authorities. (See Myanmar defends troop deployment at flag
meeting with BGB, Dhaka Tribune, 3 March 2018,
https://www.dhakatribune.com/bangladesh/2018/03/02/myanmar-sends-soldiers-tambru-border, see
also Myanmar building bunkers, fences at the border, Dhaka Tribune 9 March 2018,
https://www.dhakatribune.com/bangladesh/2018/03/08/myanmar-building-bunkers-barbed-wirefences-border-area).
A/HRC/39/CRP.2, paragraph 1215.
Compare Cox’s Bazaar arrival figures between August and October 2017 (607,000), August and
November 2017 (620,000), and August and December 2017 (646,000) in Inter Sector Coordination
Group situation reports for Cox’s Bazaar. See, Situation Report: Rohingya Refugee Crisis Cox’s
Bazar, 29 October 2017; and Situation Report: Rohingya Refugee Crisis Cox’s Bazar, 16 November
2017; Group situation reports for Cox’s Bazaar. Situation Report: Rohingya Refugee Crisis Cox’s
Bazar, 29 October 2017; and Situation Report: Rohingya Refugee Crisis Cox’s Bazar, 7 December
2017.; The Mission notes that the Ministry of Home Affairs Facebook page cites “area clearance
operations” on 11 September 2017 and 13 September 2017, after the date of the border fence donation
on 10 September. 12 September 2017:
https://www.facebook.com/officemohamyanmar/posts/2017923114899959, 14 September 2017:
https://www.facebook.com/officemohamyanmar/posts/2020568591302078.
Ben Dunant, “Tycoons on the Frontline of Rakhine Reconstruction,” Voice of America, 23 January
2018 (https://www.voanews.com/a/business-leaders-support-myanmar-reconstruction/4219898.html)
Ben Dunant, “Tycoons on the Frontline of Rakhine Reconstruction,” Voice of America, 23 January
2018 (https://www.voanews.com/a/business-leaders-support-myanmar-reconstruction/4219898.html)
A/HRC/39/CRP.2 paragraphs 1501, 1315.
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