A/HRC/42/CRP.3
companies. For example, the Mission received information from a credible source that the
Myanmar Northern Star Company, which is involved in jade mining in Hpakant, Kachin
State, was founded by the Tatmadaw’s Northern Command as a way to supplement
Tatmadaw revenues.184 Similar to MEHL and MEC, these other companies provide revenue
to support regional Tatmadaw activities and operations, fuel conflict in mining areas and pose
a barrier to civilian oversight of the Tatmadaw.185 This is consistent with research that has
found that since the early 2000s, higher-level Tatmadaw officials have granted land and
resource concessions in Kachin and Shan States as a way to generate personal revenue and
develop a political and economic power base.186
1.
(a)
Tatmadaw involvement in jade mining areas in Kachin State
Hpakant Township
86.
Jade mining areas and jade export routes from Kachin State to China have become
heavily militarized, particularly since the Tatmadaw resumed hostilities against the KIA in
June 2011, breaking a 17-year ceasefire. A recent US Institute of Peace report observed, “The
jade mines in Hpakant have become a battlefield in two senses of the word: over who has the
right to engage in rent-seeking opportunities, and as a war to push out the Kachin
Independence Army (KIA) units from jade-producing (and taxing) areas”.187
87.
The Mission received accounts that illustrate the human rights consequences of the
Tatmadaw’s heavy presence around jade mining areas in Hpakant Township, in addition to
turf battles that result in direct hostilities. Victims provided the Mission with consistent
accounts of being subjected to arbitrary detention and physical violence at the hands of
Tatmadaw soldiers in Hpakant.188 In 2016, for example, a “hand-picker” working at a jade
mine in Hpakant said he was detained by Tatmadaw soldiers when passing through a
checkpoint. The soldiers searched him, looking for raw jade. When the man told them he had
no jade, he was beaten, his feet were cuffed and he was detained in a makeshift tent near a
checkpoint for one night. Tatmadaw soldiers identified as being part of Northern Command
were present at the checkpoint.189 Another interviewee who worked as a miner for a jade
mining company in Hpakant was subjected to similar searches by the Tatmadaw in 2013. 190
The Mission also received allegations that soldiers of the Light Infantry Division (LID) 33
stationed in Hpakant Township in 2013 looted civilian livestock. 191 The Mission identified
LID 33 as one of the divisions most responsible for the crimes under international law
perpetrated in northern Rakhine State from August to December 2017. 192
88.
In addition to the Tatmadaw’s violations of international human rights law and
international humanitarian law and the risk of hostilities erupting around mining areas,
investigative journalists have found that the working conditions at the jade mines in Hpakant
Township are highly hazardous.193 According to the Ministry of Natural Resources and
Environmental Conservation, more than 400,000 people work in the gemstone mines in
184
185
186
187
188
189
190
191
192
193
Digital record 2005.
Digital record 2005; Global Witness, “Jade mining concessions in the Lone Khin area of Hpakant” in
“Jade: Myanmar���s Big State Secret,” 23 October 2015, p. 31.
Kevin Woods, “The Conflict Resource Economy and Pathways to Peace in Burma,” US Institute of
Peace, November 2018.
Kevin Woods, “The Conflict Resource Economy and Pathways to Peace in Burma,” US Institute of
Peace, November 2018, pg. 15.
PI-004.
DI-064; Tatmadaw violations against jade “hand-pickers” have also been documented by the Special
Rapporteur on the situation of human rights in Myanmar, who reported that “In November 2018,
three jade pickers were reportedly killed by Tatmadaw soldiers.” See A/HRC/40/68, paragraph 6.
QI-083.
DI-067; GI-028 corroborates that the LID 33 was stationed in Hpakant, Kachin State, at least until
July 2018.
A/HRC/39/CRP.2, paragraphs 1544, 1555.
Hannah Beech, “Battling for Blood Jade,” TIME Magazine, 9 March 2017 (https://time.com/battlingfor-blood-jade/)
31
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