A/HRC/42/CRP.5
behind in his village of Sin Taung, Buthidaung Township,949 described how he witnessed
the systematic confiscation of property in his village by soldiers after the attack there on 21
to 22 March 2019:
During the days following the attack, the Tatmadaw was regularly passing through
the village. As most of the villagers had left for the IDP camps, the soldiers stole
things, and our cows and pigs were missing. Goods from entire shops were taken
away by the soldiers.950
415. Another ethnic Rakhine villager described how the Tatmadaw’s 22 nd and 55th LID
detained 27 men in the village of Let Kar in April 2019.951 The soldiers continued over a
period of days and weeks to systematically take livestock, goods and other belongings. He
observed: “Now there are no chickens, ducks or pigs left”.952
416. Another ethnic Rakhine man returned to his village Sa Pha Thar 953 the night of the
attack there on 3 June 2019, to try to locate stray cattle. He described how the next day he
saw soldiers moving around the village, searching each house and taking away belongings
of the villagers. He commented: “When the villagers returned to the village, each household
found something missing from their house”.954
417. Additionally, in a number of Chin villages in Paletwa Township, villagers have been
forced to provide food for Tatmadaw soldiers stationed in or near their villages. 955 A Chin
man commented: “The Tatmadaw soldiers take food from the people. If they ask villagers
for supplies, the villages have to give them whatever they have.” 956
418. The Tatmadaw’s confiscation of property also contributed to the displacement of
local populations who are forced to leave their villages due to loss of access to livestock,
foodstuffs and other sources of sustenance and livelihood.
(b)
Conclusions and legal findings
419. The Mission concludes on reasonable grounds that the Tatmadaw’s seizure of food
and the Government’s humanitarian relief restrictions in relation to the conflict with the AA
are resulting in a serious deterioration of the humanitarian situation for the ethnic Rakhine
and Chin civilian populations. The Mission also concludes that these actions are in large
part due to the Government’s policy to deprive the AA of those same supplies. Focusing on
the civilian population as a primary provider of those supplies is consistent with the
Tatmadaw’s “four cuts” policy and reflected in the 12 April 2019 Local Order to stop “the
flow of rice and food supplies, medicines and medical supplies, required for the insurgents’
long-term livelihood”.957
420. This conclusion has bearing on the Mission’s assessment of the rules of international
law pertaining to humanitarian relief restrictions and denying civilians goods, such as food,
that are indispensable to their survival. These rules include respecting the right to adequate
food and the right to life.958 Under international humanitarian law, humanitarian relief and
goods indispensable to the survival of the civilian population are generally regarded as
civilian objects and are therefore protected from being the object of an attack and from
indiscriminate attack.959 Their incidental destruction in an attack must also comply with the
949
950
951
952
953
954
955
956
957
958
959
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See above: Sin Taung incident.
LI-213.
See above: Let Kar incident.
LI-207.
See above: Sa Pha Thar incident.
CI-324.
CI-247, CI-248, LI-143, LI-145, LI-146, LI-157, LI-160.
LI-143.
Township General Administration Department Kyauktaw Township, Local Order (1/2019), 12 April
2019, on file with the Mission.
ICESCR, art. 11, ICESCR, art. 12, ICCPR, art. 6.
See J.M. Henckaerts and L. Doswald-Beck, “Customary International Humanitarian Law. Volume I:
Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rule 54 (attacks against objects
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