A/HRC/43/59 tracking the effectiveness of measures and processes to address adverse impacts; and communicating with stakeholders on how adverse impacts are being addressed. Furthermore, remediation of adverse human rights impacts, through the establishment of operational-level grievance mechanisms in line with the Guiding Principles on Business and Human Rights, are critical (A/73/163, paras. 10–15). 39. As it is the duty of the Government to protect against human rights abuses, including by business enterprises, the Special Rapporteur calls on the Government to drive due diligence among business through strengthened legal, policy and regulatory frameworks. This includes in the context of its current investment policy review. The Government must display leadership in due diligence, for example, through the work of State-owned enterprises. Investors also have a significant role to play and should leverage their influence to promote human rights. C. Situations of armed conflict and violence, and the peace process 40. Throughout the Special Rapporteur’s mandate, she has monitored the armed conflicts and situations of violence around the country. There was optimism that the decades of conflict might end after the Nationwide Ceasefire Agreement was signed in 2015. However, the process of drafting that agreement was not inclusive, and the agreement that was signed and the peace process that has followed excluded some key ethnic armed organizations. Conflict has continued to be waged at different times in Kachin, Shan, Kayin, Chin and Rakhine States, with devastating impacts on civilians and the alleged commission of international crimes. This has included armed conflict between the Tatmadaw and ethnic armed organizations, including those who are signatories to the ceasefire agreement, and between ethnic armed organizations. The number of militias allied to or under the command of the Tatmadaw has also grown over the course of the mandate (see annex III). The prospects for national peace appear to be elusive. 1. Rakhine and Chin States 41. In September 2016, the Government established the Advisory Commission on Rakhine State, headed by Kofi Annan and comprising international and national experts. The Commission was imperfect in its composition, having no Rohingya members, and its mandate was not to investigate human rights violations. However, it produced a report in August 2017 that had wide-ranging findings regarding the issues facing the people of Rakhine, including human rights issues. The report’s recommendations were accepted by the Government and the international community. The Government claims that the majority of the recommendations have been implemented. However, a review of the national implementation committee’s reports suggests that none of the recommendations have been fully implemented, and many have not been implemented at all. Implementation of those recommendations remains the way forward for Rakhine. 42. Crimes against humanity, war crimes and genocide may have been perpetrated against the Rohingya in northern Rakhine in 2016 and 2017. The Special Rapporteur has received information regarding ongoing violence, looting, forced labour and extortion of Rohingya in northern Rakhine, as well as continuing restrictions on movement and limited access to food, livelihoods, health care and education. National verification cards continue to be imposed, reportedly with harsher restrictions on movement for those who continue to refuse to accept the cards and limited benefits for those who receive them. 43. Armed conflict has been escalating for over a year between the Arakan Army and the Tatmadaw, affecting many townships in Rakhine and Paletwa Township in Chin. There has been a significant build-up of security forces in Rakhine and Chin States, including the Myanmar navy and air force. Intense fighting between the parties to the conflict is severely impacting civilians and war crimes have been alleged. The Special Rapporteur is concerned that the Tatmadaw is systematically attacking civilians across Rakhine, particularly ethnic Rakhines, especially if they are actual or perceived supporters of the Arakan Army. 44. It is currently reported that around 58,000 people have fled to displacement sites due to the conflict, and that there are more than 128,000 displaced persons in total across 9

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