A/HRC/42/CRP.5
C.
The situation in northern Myanmar
675. Ethnic communities in northern Myanmar have endured decades of conflict-related
human rights violations and abuses. These have continued despite the various ceasefires
past and present. The Mission found that the human rigths situation in northern Myanmar
continues to raise concerns since its last report. While active hostilities may have declined
in Kachin State, the underlying violations, such as torture and ill-treatment, sexual and
gender-based violence and a wide range of violations of economic, social and cultural
rights, remain part of the daily lives of ethnic communities in the north. This continuing
pattern testifies to the lack of sincerity on the part of the Government, including the
Tatmadaw, in talking about peace, even during a relative lull in the conflict. EAOs in
northern Myanmar also bear responsibility in this respect and reports of violations of
international humanitarian law warrant further investigation.. The Mission concluded that
the situation in northern Myanmar will likely deteriorate further if there is no genuine effort
to address the continuing cycles of serious violations of human rights and violations under
international humanitarian law, including war crimes.
676. The Mission identified a need for investigations in relation to the ethnic Karen and
Kokang populations. Its own limited investigations confirm many of the established
patterns documented in relation to other ethnic groups. The decades of conflict have
produced a commonality of suffering and harship, including widespread displacement.
D.
Recommendations
677. In March 2017, the Human Rights Council gave this Mission the mandate of
“establishing the facts and circumstances of the alleged recent human rights violations by
military and security forces, and abuses, in Myanmar in particular Rakhine State”. In
extending the Mission’s mandate in September 2018, the Human Rights Council sought to
avoid an investigative gap between the end of the Mission’s mandate and the new
Independent Investigative Mechanism on Myanmar becoming operational. The Mission is
grateful to the Human Rights Council for recognising the need for continued monitoring
and reporting on the human rights situation in Myanmar. This has been essential to the
hundreds of thousands of victims whose stories deserve to be told. The Mission has sought
to discharge its mandate independently, impartially and diligently, throughout the last two
and half years. It deeply regrets the lack of dialogue with the Government of Myanmar, as
it remains of the view that Myanmar must acknowledge and act as part of any sustainable
and long-term accountability initiative.
678. In this final report, the Mission reiterates all its previous recommendations contained
in its various reports, which have been compiled in A/CRP/42/CRP.6 in particular those
releated to accountability and ending hostilities. It makes the following additional and final
recommendations regarding the way forward.
1.
To the Government of Myanmar:
679. Review the Mission’s findings contained in its reports and take necessary measures
to implement its recommendations. The Government should regularly report on progress in
implementing the Mission’s recommendations, including through, but not limited to, the
United Nations human rights mechanisms;
680. Seek the support of the United Nations, its funds and programmes, to implement
these recommendations, as necessary.
Ethnic conflicts
681. Take measures to protect civilian populations from the effects of the ethnic conflicts,
including through strict adherence to international humanitarian law and international
human rights law;
682. Grant unfettered humanitarian access, for UN and other inter-governmental agencies
and national and international non-government agencies, to all parts of Myanmar, in
particular Rakhine, Chin, Kachin and Shan States;
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