A/HRC/42/CRP.5 400. The Mission concludes on reasonable grounds that the Tatmadaw forced Chin, Rakhine and Rohingya villagers to perform various tasks that amounted to forced labour. All the cases that the Mission documented were connected with the armed conflict between the AA and the Tatmadaw. For that reason, the Mission also concludes on reasonable grounds that Myanmar violated the prohibition against forced labour and arbitrary deprivation of liberty under both international human rights law and international humanitarian law. While international law permits some exemptions to the general prohibition of forced labour,924 the cases of forced labour that the Mission investigated do not fall within those exemptions. The conditions to which the Tatmadaw exposed these civilians failed to meet the basic dignity that Myanmar is obligated to afford to anyone it deprives of liberty, such as adequate food, water and other necessities. Some were subjected treatment or punishment that amounted to torture or was cruel, inhuman, or degrading.925 The manner in which the Tatmadaw exposed forced labourers to the dangers of the armed conflict, including exposing them to gunfire and landmines, contravened the right to life under international human rights law and was a violation of international humanitarian law under the prohibition of exposing civilians under its control to the effects of attack. Under both international human rights law and international humanitarian law, the Government of Myanmar has an obligation to conduct effective investigations into these violations, including criminal investigations especially when they amount to war crimes of torture, cruel treatment or outrages upon personal dignity. 926 401. The Mission emphasizes to all parties to the conflict that, in situations where a party breaches the prohibition on forced labour, civilians who are forced to carry out labour for armed forces do not lose their civilian status or protections, unless and for such time as they take a direct part in hostilities. Absent taking a direct part in hostilities, civilians engaging in forced labour cannot be the object of attack, must not be the subject of indiscriminate attacks, and must be afforded the protections of precautionary measures. 5. Humanitarian impacts of the conflict 402. Ethnic Rakhine, Rohingya and Chin civilian villagers have borne the brunt of the conflict between the Tatmadaw and the AA. 403. Official statistics from OCHA from August 2019 indicate that the conflict between the AA and the Tatmadaw may have displaced around 28,000 people in northern Rakhine and southern Chin states.927 Given the fluidity around displacement, and the fact that official statistics only count those displaced in recognised displacement sites, the true number may in fact to be much higher, with reports at the time of writing indicating as many as 60,000 persons displaced, predominantly ethnic Rakhine. 928 Many of those displaced are now residing in makeshift temporary displacement sites, including monasteries and temporary tent-structures with minimal access to basic services. In the absence of signs of the conflict abating, the Mission fears that displacement may continue to increase. 404. The situation for IDPs has been exacerbated as a result of restrictions imposed by the Myanmar authorities. This includes the restrictions on humanitarian access to Kyauktaw, Ponnagyun, Buthidaung, Maungdaw and Rathedaung Townships for UN agencies and other humanitarian organizations, with the exception of the WFP and the 924 925 926 927 928 A/HRC/39/CRP.2. para. 256. CI-284, CI-286, LI-170, LI-173, LI-176, LI-177, LI-224. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, Basic Guideline and Principle 4. OCHA, “Myanmar: New Displacement in Rakhine State” (13 May 2019). See also OCHA, Asia and the Pacific: Weekly Regional Humanitarian Snapshot (30 July - 5 August 2019), 5 August 2019. The Irrawaddy, “Arakan Army Raids Myanmar Military Base in Northern Rakhine” (28 August 2019); Joint statement by the AA, TNLA, MNDAA, 12 August 2019, available at: http://www.pslftnla.org/wp-content/uploads/2019/08/JPG-1-724x1024.jpg. 115