A/HRC/42/CRP.3
northern Myanmar as “hand-pickers”.194 “Hand-pickers” or “kinase” have historically been
women and children, but increasingly scarce jobs have pushed more men into these roles. 195
The New York Times reported that a July 2018 landslide in Hpakant Township killed 18
miners and injured a further 100 at a jade mine owned by a company associated with U Ohn
Myint, a former commander of Northern Command and former Minister of Mining. 196 U Ohn
Myint’s jade mining company, Myanmar Win Gate, partners with MEHL. 197
(b)
Tanai Township
89.
The Mission has documented how the Tatmadaw’s Northern Command, from the
rank-and-file to the commander level, profits from the jade industry in the areas under its
control in Tanai Township, Kachin State.198 The militarization of mining areas manifests
through a network of Tatmadaw checkpoints, which have been sites of international human
rights and international humanitarian law violations against jade miners.
90.
Since November 2017 the Tatmadaw and the KIA have engaged in armed conflict
around the amber and gold mines near Noije Bum hill, south of Tanai town, resulting in
civilian casualties.199 Additionally, the Mission documented civilians being abducted into
forced labour in Tanai by the Tatmadaw in 2016.200
91.
The Mission documented numerous accounts of violations of international human
rights and international humanitarian law perpetrated by the Tatmadaw in Tanai, Kachin
State, including the rape of a female miner in an amber mining area in 2016.201 The heavy
Tatmadaw presence in these areas is accompanied by harassment of the local population,
including through small-scale corruption. In Tanai, the Northern Command extracts bribes
from both miners and mining companies operating in the area. One goldminer told the
Mission that he and other miners had to pay local Tatmadaw soldiers to be permitted to mine
amber and gold at the “Pha Ka” mine in Ting Kawk village near Noije Bum hill. 202 Another
person described working in Tanai for a company called Season Star (also referred to as
194
195
196
197
198
199
200
201
202
32
International Growth Centre, Artisanal Jade Mining in Myanmar, 2017
(https://www.theigc.org/project/artisanal-jade-mining-myanmar)
Mia Newman, “Multifaceted: Governance and Conflict Risks in Myanmar’s Ruby Industry,” Natural
Resource Governance Institute, March 2018
(https://resourcegovernance.org/sites/default/files/documents/multifaceted-goverance-and-conflictrisks-in-myanmar-ruby-industry.pdf)
“Gems, jade net $2.8b,” 4 April 2011, The Myanmar Times
(https://www.mmtimes.com/business/3118-gems-jade-net-2-8b.html) Hannah Beech and Saw Nang,
“Dozens Swept Away in Myanmar Landslide While Hunting for Jade,” The New York Times, 17
July 2018 (https://www.nytimes.com/2018/07/17/world/asia/myanmar-landslide-jade-mine.html);
From 2005 – 2010, U Ohn Myint served as the commander of Northern Command. See also “Gems,
jade net $2.8b,” 4 April 2011, The Myanmar Times (https://www.mmtimes.com/business/3118-gemsjade-net-2-8b.html).
Global Witness, “Jade: Myanmar’s Big State Secret,” 23 October 2015, p. 44, reports that U Ohn
Myint owns a large jade mining company called Myanmar Win Gate, which has subsidiaries in
Hpakant Township and that Myanmar Win Gate partners with MEHL.
PI-086, PI-061.
DI-061.
PI-061; For further information on a pattern of forced labour used by the Tatmadaw in and around
mining, see: International Labour Conference, Committee on the Application of Standards,
C.App./PV.4/ Myanmar/C29, Myanmar Forced Labour Convention, 1930 (No. 29), 13 June 2019, pg
16, which noted that “forced labour is also persistent in the private sector. In 2016, the ILO undertook
a detailed survey on child labour and agriculture and specifically in inland fisheries, sugarcane and
beans. The findings of that survey were alarming and found that in all three subsectors, children were
in conditions of forced labour. Creditable reports have indicated that men, women and children are
found in situations of forced labour in agriculture, fishing and prospecting for jade and other precious
stones. The use of forced labour in the jade industry has attracted significant international attention in
recent years. The mines are guarded by the Tatmadaw and their presence, and the presence of armed
ethnic groups, has led to increased abuses such as rape and forced labour around mine sites. Those
who risk their lives to extract the jade in this multibillion dollar industry see little for their labour,
with the vast majority of the benefit going to the army and traders.”
PI-146; See also PI-069, PI-054, PI-145.
PI-086.
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