A/HRC/31/71
ethnic groups, the Ta’ang National Liberation Army and the Restoration Council of Shan
State – a signatory of the NCA – in Shan State. The conflict first erupted in November 2015
and has recently intensified.
52.
Civilians bear the brunt of the ongoing fighting. The Special Rapporteur is
concerned at reports of serious human rights violations committed by all parties to the
conflict. Attacks against civilian populations, extrajudicial killings and torture (including of
persons with suspected links to specific armed groups), inhumane and degrading treatment,
abductions of men, women and children (including for forced labour and for use as possible
human shields), and looting, property confiscation and destruction have been reported.
Allegations of forced recruitment, child and underage recruitment (in order to maintain
troop strength) also persist, notably by ethnic armed groups. Fighting between the parties,
with reports of indiscriminate firing and shelling in villages, have resulted in civilian
casualties and injuries. Additionally, as noted above, reports of sexual and gender-based
violence, including domestic violence in conflict–affected areas, are widespread. There
have also been reports of trafficking of women and girls, as well as of early and forced
marriage, particularly in Shan State.
53.
The Special Rapporteur calls upon all parties to ensure the protection of civilians
during armed conflict and to respect international human rights and humanitarian law. She
recalls in particular common article 3 of the Geneva Conventions, to which Myanmar is
party, which provides for the protection of civilians from inhumane treatment and violence
to life and person in non-international armed conflicts. Individual cases should be
investigated promptly by an independent body and perpetrators held to account. The
Special Rapporteur notes that victims are frequently reluctant to make official complaints
out of fear of retaliation. Steps should be taken to address such concerns. Preventative
activities such as training and awareness-raising in the military and armed groups should
also be expanded.
54.
There are more than 96,000 displaced persons in Kachin and northern Shan States as
a result of the conflict. Further displacements have been caused by fighting between the
Restoration Council of Shan State and the Ta’ang National Liberation Army, including of
3,000 people after one week of fighting in February 2016. In southern Shan State, many of
those displaced by the clashes in late 2015 have reportedly now returned; however, 2,000
people remain displaced, some in camps that lack adequate drinking water and sanitation.
International organizations have limited access to many conflict-affected areas owing to
their remoteness, security concerns and the difficulty of securing authorizations from
government authorities or ethnic armed groups. Local community and civil society groups,
often with limited resources and capacity, continue to provide much-needed assistance in
these areas.
55.
The lack of access hampers much-needed information-collection and reporting on
conflict-related concerns and violations. Humanitarian access to 1,000 civilians displaced in
Sumprabum (Kachin State) remains restricted, despite reports of the urgent need for
emergency shelter and medical supplies. 7 An estimated 4,000 individuals reportedly remain
in China displaced from the Kokang self-administered zone.8 Little information is available
on the status of the fighting in the area or on the steps taken to investigate alleged human
rights violations reported during the fighting in 2015. Internally displaced persons in camps
in and around the area apparently endure difficult conditions, including restrictions on
movement and no access to markets, education or livelihood. Fighting has also flared in
7
8
12
Office for the Coordination of Humanitarian Affairs, Humanitarian Bulletin, Myanmar, issue 7,
November – December 2015.
Ibid.
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