A/HRC/42/CRP.3
homeland.318 First, the government prioritized the reinforcement of the fence immediately
after the clearance operations began to force thousands of Rohingya out of Myanmar due to
mass killings and forced displacement. Although there were earlier discussions about
securing the fence, it did not become an urgent priority for the civilian government319 and the
Tatmadaw320 until this point. Second, the stated purpose of the donations in the Tatmadaw
Commander-in-Chief Senior General Min Aung Hlaing’s speech during each of the
fundraising ceremonies explicitly indicates that the aim is to prevent the Rohingya from
returning to Myanmar. In speaking of the “root causes” of tension in Rakhine State, he stated:
“The Bengali problem was a long-standing one which has become an unfinished job despite
the efforts of the previous governments to solve it… we openly declare that “‘absolutely, our
country has no Rohingya race’”.321 Third, the situation at Konar Para is particularly revealing
concerning the purpose of the barrier fence. There, the fence is 200 metres from the border,
inside Myanmar territory, and surrounds the IDP Rohingya population, preventing them from
accessing their villages and homes.322 There have been daily loudspeaker announcements,
directed at the IDP Rohingya population from the Myanmar side of the fence, broadcasting
calls that the Rohingya are there illegally.323 Fourth, the re-inforcement of the barrier fence
was done in the context of a number of other projects implemented and actions taken by the
Tatmadaw, including the destruction of Rohingya villages that have the effect of preventing
the Rohingya from returning to their homes. These are elaborated on in the section below and
reaffirm the purpose of the barrier fence.
134. The financial assistance that KBZ Group and Max Myanmar officials provided
towards the construction of the fence was substantial. KBZ Group donated USD 2.2 million
through UEHRD to build a section of the fence.324 It also donated USD 2,477,857325 to the
318
319
320
321
322
323
324
325
This finding has been made previously, first by the Mission in its 2018 Report, A/HRC/38.CRP.2, at
paragraph 1215. The Office of the Prosecutor of the International Criminal Court also adopts this
conclusion in their “Request for authorization of an investigation pursuant to article 15” dated 4 July
2019, ICC-01/19 at paragraphs 153-154.
The issue of the barrier fence was raised on 6 September 2017 at a joint high-level meeting and on 20
October 2017 at a UEHRD fundraising ceremony
This is evidenced by the Tatmadaw fundraising ceremonies on 10 and 21 September 2017, and
possibly on 1 September. Although the border fence is not explicitly mentioned in Senior General
Min Aung Hlaing’s website report on the first of the three Tatmadaw funding ceremonies on 1
September 2017, the wording on a banner hung during the second ceremony infers that the fence may
have been mentioned during this first ceremony. A translation of the banner is as follows: “Second
ceremony to present cash and kind to Security forces, departmental staff who risked their lives for
national security and defence duties in Rakhine State, and the displaced natives who had to leave their
homes due to the violent attacks of the ARSA extremist Bengali terrorists; and to erect the border
fence.” (http://www.seniorgeneralminaunghlaing.com/2017/09/cash-donations-will-be-used-inareas.html?view=mosaic).
Official website of Senior General Min Aung Hlaing Commander-in-Chief of Defence Services,
“Entire government institutions and people must defend the country with strong patriotism,” 2
September 2017 (https://www.seniorgeneralminaunghlaing.com.mm/en/345/entire-governmentinstitutions-and-people-must-defend-the-country-with-strong-patriotism/); “Lack of country-loving
spirits may lead to disunity and all citizens should have country-loving spirits, patriotic spirits and
Myanmar spirits,” 11 September 2017
(https://www.seniorgeneralminaunghlaing.com.mm/en/486/lack-of-country-loving-spirits-may-leadto-disunity-and-all-citizens-should-have-country-loving-spirits-patriotic-spirits-and-myanmarspirits/); https://www.seniorgeneralminaunghlaing.com.mm/en/1410/sep-22-cash-donations-will-beused-in-the-areas-where-help-is-really-in-need-according-to-the-wish-of-the-donors/
As described in paragraph 112.
Oral update by the High Commissioner for Human Rights on the situation of human rights of
Rohingya people, A/HRC/38.CRP.2, paragraph 14, also see End of mission statement by Special
Rapporteur on the situation of human rights in Myanmar, Dhaka, 8, July 2018,
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23347&LangID=E. See
also FI-051 and FM-006.
Ben Dunant, “Tycoons on the Frontline of Rakhine Reconstruction,” Voice of America, 23 January
2018 (https://www.voanews.com/a/business-leaders-support-myanmar-reconstruction/4219898.html)
Official website of Senior General Min Aung Hlaing Commander-in-Chief of Defence Services,
“Entire government institutions and people must defend the country with strong patriotism,” 2
47
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