A/HRC/22/58
rights and labour standards, the Special Rapporteur also urges the Government to
implement the Guiding Principles on Business and Human Rights and use the Principles for
Responsible Contracts in the development and negotiation of investment contracts with the
private sector.
35.
The Special Rapporteur is concerned about increasing reports and allegations of
violations of land and housing rights across the country. While there are no clear data, land
confiscations reportedly increased in 2012, particularly to clear areas for infrastructure
projects and natural resource exploitation. He also notes allegations of the involvement or
collusion of security forces, the police, local Government officials and private businesses.
Notably, the majority of complaints received by the Myanmar National Human Rights
Commission (MNHRC) and the Parliamentary Rule of Law Committee headed by Aung
San Suu Kyi are related to land disputes and land confiscations. Farmers and civil society
activists across the country have been protesting against land confiscations, including the
continued demonstrations against the Letpadaung copper mine mentioned above. Farmers,
often with no documentation to prove land ownership, face harassment or are arrested if
they resist eviction (see A/67/383 for further analysis and recommendations). Parliament
has established a commission to deal with land confiscations, and he encourages it to make
public the results of its work.
III. Conflict and the situation of ethnic minorities
36.
The Special Rapporteur has previously highlighted concerns regarding the ongoing
conflict and tensions in ethnic border areas, including the increased troop presence in
various States, which have engendered human rights violations such as forced labour,
portering and sexual violence.
37.
The Special Rapporteur has followed closely developments in Kachin and Northern
Shan States and is concerned by the allegations he continues to receive of attacks against
civilian populations, extrajudicial killings, sexual and gender-based violence, arbitrary
arrest and detention, as well as torture. He has also received allegations of the use of
landmines, the recruitment of child soldiers, as well as forced labour and portering
committed by all parties to the conflict. He notes continuing reports of arrests of ethnic
Kachin men suspected to have links with the Kachin Independence Organization (KIO) or
the KIA (mostly made under the Unlawful Associations Act, the Explosive Substance Act
and the Emergency Provisions Act) and the torture of suspects to extract confessions. In
February, the Special Rapporteur received similar allegations when he visited camps for
internally displaced persons (IDPs) in Myitkyina (the two Jan Mai Kaung camps) and
Waingmaw (the Thargaya and Lavoa camps). In Myitkyina Prison he met with Brang
Shawng and Manam Tu, both ethnic Kachin men arrested in Kachin IDP camps and
detained and charged on suspicion of belonging to the KIA. He has serious concerns that
both were tortured by the military during interrogation to extract false confessions.
38.
The Special Rapporteur is concerned by reports that a number of civilians were
killed (26 between September 2012 and February 2013) and that an estimated 2,000
persons were newly displaced (since November 2012) as a result of the recent escalation of
the conflict, with the military reportedly using air power and heavy artillery to attack targets
in and around Laiza.
39.
Following talks in China, the Government and the KIO issued a Joint Statement on 6
February and agreed to work on an overall framework for the de-escalation of the conflict
and to establish a monitoring mechanism in this respect. The Special Rapporteur joins the
Secretary-General in welcoming this development and urges all parties to continue dialogue
towards genuine and sustainable peace in Kachin State. He also renews his call on the
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