A/HRC/43/59
51.
Throughout November 2019, there were sporadic clashes between the Tatmadaw
and the Ta’ang National Liberation Army in Kutkai Township, and between the Tatmadaw
and the Restoration Council of Shan State in Namtu Township. In December, there was a
clash between the Tatmadaw and the Kachin Independence Army in Muse Township.
Despite the de-escalation of the conflict since August 2019, security and safety remain
serious concerns. Reportedly, between August 2019 and January 2020, 75 civilians were
injured, 88 civilians were detained by the Tatmadaw or militia groups and six civilians were
tortured.
3.
Kayin and Mon States
52.
Tensions continue in Kayin State between the Tatmadaw and the Karen National
Union and its Karen National Liberation Army as a result of the ongoing efforts of the
Tatmadaw to construct a road in Lu Thaw Township (in Karen National Union territory),
which began in 2018. The Karen National Union claims that the road construction violates
the National Ceasefire Agreement, and that the Tatmadaw is expanding its deployment of
troops into the area. On 9 January, there was fighting between the Tatmadaw and the Karen
National Liberation Army in Lu Thaw, wounding two civilians. In early February, the
Tatmadaw reportedly shelled Lu Thaw, causing over 300 villagers to flee.
53.
In November 2019, there was fighting between the Tatmadaw and its allied Border
Guard Force and the Mon National Liberation Army, the armed wing of the New Mon State
Party, resulting in Tatmadaw seizure of an Mon National Liberation Army base. The
fighting took place near the Three Pagodas Pass on the Thai border and caused more than
1,000 Mon villagers, who have since returned home, to flee to Thailand. The New Mon
State Party considers the action a violation of the National Ceasefire Agreement. On 3
December 2019, the military withdrew from the Mon National Liberation Army base, but it
continues to occupy a Mon National Liberation Army outpost in the area. Local people
report being fearful that the tension and the proximity of the Tatmadaw could result in
another clash.
4.
Landmines
54.
Landmines and improvised explosive devices continue to be used by parties to the
conflicts, resulting in killings and maiming of civilians. Reportedly there were 221 civilians
killed or injured by landmines and improvised explosive devices in 2019, and 7 civilians
were killed and 32 injured in January 2020 alone. A young man from Myoi Thit village in
Nam San township, Shan State, was reportedly killed by a landmine when he was collecting
water on 9 January. The Special Rapporteur believes that such incidents are underreported
due to restricted humanitarian access in conflict-affected areas. The government plans to
establish a national mine action authority are welcome, and the Special Rapporteur hopes
the Government will work towards the establishment of a humanitarian mine action
programme in line with international standards.
5.
Internally displaced persons
55.
A strategic plan for resettling internally displaced persons and closing camps for the
internally displaced was adopted by the Government on 19 December 2019. The strategy
refers to international standards, including durable solutions, safety and dignity,
voluntariness and sustainability, full enjoyment of human rights, non-discrimination, the
“do no harm” principle and humanitarian access. The Special Rapporteur calls on the
Government to ensure that its implementation adheres to international standards and takes a
human rights approach. Internally displaced persons must be afforded their right to return to
their place of origin or choice. She urges the Government not to prematurely return people
to or resettle them in areas affected by armed conflict or landmines, and to address the
causes of displacement prior to any return.
56.
Around 500 villagers from Nam San Yang village in Waingmaw township, Kachin
State, have returned home since January 2019. In November 2019, there was a clash
between the Tatmadaw and the Kachin Independence Army close to the village, which
caused significant fear among villagers that they would be forced to flee again. It has also
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