A/HRC/39/64
ceasefire agreement; these include the Kachin Independence Army, after a 17-year
ceasefire broke down in 2011; the Shan State Army-North; the Myanmar National
Democratic Alliance Army; and the Ta’ang National Liberation Army. Clashes also erupted
between the Ta’ang National Liberation Army and the Shan State Army-South.
57.
Each of the above-mentioned conflicts has a complex history and is fuelled by
various grievances, including with regard to land use, development projects, the
exploitation of natural resources and illegal narcotics trading. The underlying factors,
however, are demands for greater autonomy, self-determination and the elimination of
ethnic or religious discrimination, as well as resentment about Tatmadaw tactics targeting
civilians and violating human rights.
58.
The mission verified a number of incidents in the context of these armed conflicts,
and subsequently confirmed consistent patterns of violations of international law. With
continuing hostilities and prevailing insecurity, these violations persist.
1.
Violations by the Tatmadaw
There were no rebels in my village. But the army just came and attacked the people.
59.
The Tatmadaw operations in northern Myanmar are characterized by systematic
attacks directed at civilians and civilian objects, and indiscriminate attacks. Attacks are
often carried out in civilian-populated residential areas, without any apparent military
objective and in flagrant disregard for life, property and the well-being of civilians.
Tatmadaw soldiers have shot directly at and shelled civilians fleeing or seeking shelter.
Attacks routinely resulted in civilian deaths and injuries. Widespread looting and the
destruction and burning of homes were commonplace. This conduct was observed in most
conflict-affected areas in northern Myanmar, especially in or around territory under the
control of ethnic armed organizations.
60.
This modus operandi is a catalyst for other violations. Civilians are targeted because
they belong to the same ethnic group or because they are considered to be of “fighting age”,
seemingly in an effort to dissuade civilians from becoming involved with ethnic armed
organizations. The mission established a pattern of violations of the right to life, with
numerous unlawful killings, mostly committed in the context of military operations, as a
consequence of indiscriminate attacks, attacks targeting civilians, or the murder or
extrajudicial execution of persons in Tatmadaw custody. Unlawful killings are committed
in other contexts also, without any immediate or apparent link to hostilities, for example in
the context of forced labour.
61.
Similar patterns emerge for cases of torture and other forms of ill-treatment, often
against men, women and children to obtain information or confessions regarding the
activities of ethnic armed organizations or as punishment for perceived sympathy for the
opponents of the Tatmadaw. Torture and ill-treatment were used to coerce individuals into
forced labour, and conditions of detention often amounted to ill-treatment; civilians were
forced to precede military units on patrol in conflict areas, sometimes in Tatmadaw
uniforms, thereby exposing them to attacks, death and injury.
62.
Women have been subjected to rape and other forms of sexual violence. Some have
been abducted by soldiers and then raped, or even gang-raped, before being killed. Women
and girls have been selected for forced marriage, and targeted in their homes for sexual
violence. In many cases, sexual violence was accompanied by degrading behaviour,
including insults and spitting. When women did escape, Tatmadaw soldiers would
frequently search for them, threaten and physically abuse members of their family, and
destroy or steal their property. Sexual violence against men has been inflicted as a means of
torture, including to obtain information or confessions.
63.
The Tatmadaw has engaged in arbitrary arrest and deprivation of liberty, in many
cases amounting to enforced disappearance. Men and women, and in some cases children,
were taken from their villages and detained for forced labour or because of suspected links
to ethnic armed organizations. Victims have been held incommunicado in unofficial places
of detention for periods ranging from one day to two years. Most were not informed of the
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