A/HRC/34/67
47.
Currently the Myanmar garment industry employs around 350,000 workers, most of
whom are women. The Special Rapporteur is disturbed to learn that some factories are
breaching labour standards, including by forcing workers to work overtime and withholding
salaries for periods of illness. 9 The Special Rapporteur recalls that companies have a
responsibility not to cause, contribute or be directly linked to human rights abuses. She
calls on all investors and business in Myanmar to proactively ensure that they abide by the
Guiding Principles on Business and Human Rights: Implementing the United Nations
“Protect, Respect and Remedy” Framework and other relevant standards, ensure respect for
human rights through relevant policies and processes, and address any adverse rights
impacts with which they are involved. She encourages application of the principles for
responsible contracts to ensure that human rights are addressed in negotiations on
investment projects between Myanmar and foreign business investors. Ensuring genuine
public consultation on bilateral investment treaties being developed and that such treaties
protect the ability of Myanmar to regulate to protect human rights is also important.
D.
Conflict and the peace process
48.
The Special Rapporteur is extremely concerned by continued and escalating
violence in Kachin, Shan and other states and the increasing impact on civilian populations.
The situation has significantly deteriorated in recent months and she is informed that it is
currently worse than at any point in the past few years, with fighting increasingly
approaching urban centres and populated areas.
1.
Displacement and access
49.
In northern Shan State, approximately 15,000 persons, almost the entire population
of the Mongkoe area, were temporarily displaced. Many have now returned, but the Special
Rapporteur was informed that movement in and out of the town remains restricted. In
January 2017, an additional 4,000 individuals reportedly remained displaced in northern
Shan following the escalation of fighting in November 2016. There were also clashes
between the Arakan Army and the Tatmadaw (Army of Myanmar) in Chin State in
December 2016, displacing 200 people; and 2,000 people remain displaced following
clashes in central Rakhine in April 2016. Around 5,500 persons also remain displaced in
Kayin State following violence in September 2016.
50.
In Kachin State, an estimated 7,000 individuals have been newly displaced,
including nearly the entire population of three camps for internally displaced persons
located in non-government controlled areas after shells landed near the camps. Those
individuals, who have already been displaced once, were forced to flee for a second and in
some cases a third time, often leaving everything behind in the rush to seek safety. Some of
them unsuccessfully attempted to cross the Chinese border. Many are still stranded in the
border area without proper shelter. Others have arrived in government-controlled areas. The
Special Rapporteur met with some of those individuals and one family, with four young
children, told her that they were forced to dig a hole in the forest and stay there overnight
for six days while trying to find the finances needed to leave the area.
51.
The dire situation of civilians in Shan and Kachin States is compounded by the
increasing limits on humanitarian access. For over eight months, the United Nations and
other international organizations have been systematically denied authorization to travel
from government-controlled areas to non-government controlled areas to deliver vital and
in some cases lifesaving assistance to over 40,000 internally displaced persons. Access to
government-controlled areas is also becoming more restricted, with additional layers of
approval needed, including from the Military Northern Command. Where permission is
granted it is frequently limited to national staff. Local organizations, often with limited
capacity, continue to provide much-needed assistance but also face increasing restrictions.
9
See Martje Theuws and Pauline Overeem, The Myanmar Dilemma: Can the garment industry deliver
decent jobs for workers in Myanmar? (Amsterdam, Centre for Research on Multinational
Corporations, Action Labor Rights and Labour Rights Defenders and Promoters, 2017).
9
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