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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