A/HRC/43/59
control the administration of the areas in which they operated and engage in profitgenerating activities – including the narcotic industry.6
The Tatmadaw-drafted 2008 Constitution states that “all the armed forces in the
Union shall be under the command of the Defence service”.7 Accordingly, from 2009 to
2010, the Tatmadaw attempted to transform EAOs into pro-government militia, namely
People’s Militia Forces (PMF) and Border Guard Forces (BGF). This contributed to the
breakdown of several long-standing bilateral ceasefire agreements. 8 However, several progovernment militias, EAOs with bilateral ceasefire agreements with the Tatmadaw and
anti-government EAOs in Myanmar’s conflict areas did become PMFs and BGFs. In a
continuation of the policy initiated under General Ne Win, rather than being provided with
funds from the military budget, BGFs and PMFs are allowed to control territory and
conduct their own profit-generating activities within it, while they perform security duties
and if necessary fight alongside the Tatmadaw. 9
There also remains many militias that are not PMF or BGF but are allied to the
Tatmadaw, operate under its command and supervision, and are authorised to conduct their
own profit-generating activities within designated territory. 10
B.
Conflict areas
Shan State has long been a global epicentre of illicit drug production. It was the
primary global source of opium and heroin for decades and is now the centre of a massive
regional methamphetamine production and trafficking industry, linked to transnational
criminal organisations.11 By 2019, the United Nations Office on Drugs and Crime
(UNODC) estimated that the Southeast Asian methamphetamine market could value up to
USD $61.4 billion annually, and the heroin market around USD $10.3 billion. 12 Sites of
drug production on an industrial scale need to remain hidden and inaccessible to law
enforcement or others who may scrutinise them. With many areas under the control of
Tatmadaw allied militia and BGF, and large enclaves under the full territorial control of
EAOs that have bilateral ceasefire agreements with the Tatmadaw, much of Shan State
provides the necessary environment for mass synthetic drug production and trafficking. 13
After the 17-year long ceasefire between the Kachin Independence Army (KIA) and
the Tatmadaw broke down in 2011, some armed groups that had splintered off from the
KIA transformed into BGF and PMF. For example, the Kachin Defence Army became a
PMF and the New Democratic Army – Kachin became several BGF units.14 Civil society
groups report that the increased number of PMF and BGF has corresponded with a rise in
the production, distribution and sale of narcotics in Kachin State. 15
Since 2008 as many as fifteen separate BGF battalions have been established in
Kayah and Kayin States.16 Again, civil society report this period as having corresponded
with an increase in production, distribution and sale of narcotics in those States. Tatmadaw
allied militia, such as the Democratic Karen Buddhist Army also hold territory and are
6
7
8
9
10
11
12
13
14
15
16
For more information see “A Return to War: Militarized Conflicts in Northern Shan State” by the
Institute for Security and Development Policy, 2018.
Constitution section 338.
Buchanan, 2016, “Silent Offensive How Burma Army strategies are fuelling the Kachin drug crisis”
by the Kachin Women’s Association Thailand (KWAT), 2014.
Buchanan, 2016.
Buchanan, 2016.
ICG, 2019.
UNODC, 2019.
ICG, 2019.
KWAT, 2014.
KWAT, 2014.
Buchanan, 2016.
25
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