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
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