A/HRC/42/CRP.5 Hundreds of Tatmadaw soldiers were deployed in the area of a proposed mineral exploration project operated by a Singapore company with Australian management, Access Asia Mining. This raised concerns for civil society that human rights violations may take place in that area.1252 The area has a population of about 6,000 civilians. Such a large military-civilian ratio produces constant fear among local residents, particularly women. 1253 Sources available to the Mission and the area of operations of specific Tatmadaw military units, as well as media reports, suggest that the responsible soldier was serving in LIB 329 or LIB 330, commanded by Military Operations Command 18 (MOC-18).1254 The soldier abducted the woman while she was collecting vegetables in the forest close to her home. He stabbed her ear lobes with a knife while stealing her earrings, squeezed her neck, beat her on the face and raped her vaginally, causing her to lose consciousness. The military paid for her hospital fees and medicine but the survivor was not given an opportunity to provide a statement. Reports suggest that police have only filed a case of slashing and robbery, not rape, and that the perpetrator would be brought before a court martial.1255 533. Girls face heightened risks of sexual violence in heavily militarized areas in Kachin and Shan States.1256 A 17 year old year old Kachin girl was raped in Bhamo Township, Kachin State, on 9 December 2018. She was coming home from a shop when she was apprehended from behind by at least two men and knocked unconscious. When she woke up on the road, she was partly naked and felt acute pain in her genital area. The survivor could not identify the rapists as she immediately lost consciousness. The Mission has reasonable grounds to conclude they were Tatmadaw soldiers. At the time there was a heightened presence of soldiers in the village, which lies in the frontline area near the KIA headquarters in Laiza. In addition, the road where the girl was raped was regularly used by soldiers.1257 The survivor lodged a complaint with the police in her district, but nothing has happened since the incident due to what the police told the survivor was a lack of evidence.1258 Conclusions and legal findings 534. The Mission reaffirms its conclusion that rape and other forms of sexual and genderbased violence committed in Kachin and Shan State, as documented in its 2018 report and more recently in its 2019 thematic report on sexual and gender-based violence,1259 continue to be perpetrated by the Tatmadaw. The Mission reaffirms on reasonable grounds that these acts constitute gross violations of international human rights law. All of these acts also amount to violations of international humanitarian law due to the fact that they took place in connection with a non-international armed conflict.1260 Additionally, many of the acts amounted to war crimes of rape, sexual violence, torture, cruel treatment, outrages upon personal dignity and sexual slavery. They must therefore be criminally investigated and, where appropriate, prosecuted.1261 1252 1253 1254 1255 1256 1257 1258 1259 1261 Access Asia Mining responded to these concerns, available at https://www.businesshumanrights.org/sites/default/files/documents/Access%20Asia%20Mining%20Response%2015%20 May%202018.pdf. See also, Shareholder Update (2 March 2018) available at http://accessasiamining.com/pdf/shareholders/AAM_Shareholder%20Update%20020318.pdf. V-356. PI-136, V-356, V-357, V-358. V-356, V-357, V-358. PI-037, PI-063, PI-141, PI-144. PI-141, 2400. PI-141, 2400. A/HRC/42/CRP.4. 1260 ICTY, Kunarac Appeals Chamber Opinion para. 58, See, also, ICTY, Limaj et al. (IT-03-66), para. 91. For a detailed discussion on the requirements of conducting effective investigations, see Chapter IV, section G: The Situation of the Rohingya; conclusions and legal findings. 145