A/HRC/19/67
helping or delivering key social services in the areas of education, health, social welfare
and environmental protection. In the light of the important role played by independent civil
society organizations in democratic societies, the Special Rapporteur encourages the
Government to create a favourable environment for their development, in which their
activities may be conducted without fear of reprisal and where the rights to freedom of
association and freedom of opinion and expression are ensured.
IV. Situation of ethnic minorities
59.
In previous reports, the Special Rapporteur highlighted his concerns with regard to
the ongoing conflict and tensions in ethnic border areas, particularly in Kachin, Shan and
Kayin States, which have engendered serious human rights violations, including attacks
against civilian populations, extrajudicial killings, sexual violence, arbitrary arrest and
detention, internal displacement, land confiscation, the recruitment of child soldiers, forced
labour and portering. The Special Rapporteur also highlighted his concerns regarding the
use of landmines by both the Government and non-State armed groups, and the consequent
casualties caused throughout the country. He takes note of the statements made by the
Chairperson of the national human rights commission that the national reconciliation
process is essentially political; that investigations into conflict zones were not appropriate
at the present time; and that, with the establishment of peace, “other problems, such as
human rights violations and atrocities allegedly committed against ethnic groups, will also
recede into the background”. The Special Rapporteur encourages the commission to take a
more proactive role in investigating allegations of violations in conflict areas.
60.
The Special Rapporteur continues to receive allegations of violations committed by
both the military and non-State armed groups. In Kachin State, where armed clashes with
elements of the Kachin Independence Army erupted in June 2011, the Special Rapporteur
has continued to receive reports of attacks against civilian populations, extrajudicial
killings, internal displacement, the use of human shields and forced labour, and the
confiscation and destruction of property. He has also received reports of gang rapes by
army soldiers, although the numbers provided by different sources vary. In the report of the
Secretary-General on conflict-related sexual violence,3 it was noted that as many as 32
women and girls throughout Kachin State were allegedly raped by the military between
June and August 2011. According to the Government, there was one case in Kachin State in
2011 (and four cases of rape in Shan State), and punitive action was taken against the
perpetrators.
61.
The Special Rapporteur has drawn the Government’s attention to information he
received on Sumlut Roi Ja, who was allegedly abducted and gang-raped by military
personnel in Kachin State in October 2011. On 26 January 2012, it was reported that that
Sumlut Roi Ja’s husband submitted a formal complaint to the Supreme Court asking for an
investigation into his wife’s disappearance. A hearing was apparently scheduled for late
February 2012. The Special Rapporteur hopes that a thorough investigation will be
undertaken into the case and, if the above allegations prove to be correct, the accountability
of any person responsible will be assured.
62.
As a result of the conflict, the number of internally displaced persons in Kachin and
in northern Shan State as at January 2012 was estimated at over 55,000. In September 2011,
the Government invited the United Nations to carry out a needs assessment in Myitkina,
Waingmaw, Bhamo, Mansi, Momauk and Shwego. Following discussions between the
Government and the Kachin Independence Organization (KIO), a United Nations
3
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A/66/657-S/2012/33.
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