A/HRC/42/CRP.3
that the Tatmadaw used many of the types of arms and related equipment that these
entities were providing to commit gross violations of human rights and serious
violations of international humanitarian law. Many of these companies and States
therefore knew, or ought to have known, that their arms transfers could have a direct
and reasonably foreseeable impact on the human rights situation in Myanmar. Among
the arms suppliers identified by the Mission, 12 companies are State-owned enterprises.
The Mission also received credible information regarding seven foreign private
companies from which the Tatmadaw procured or sought to procure dual-use goods
and technology since 2016. The technology has included telecommunications services,
tracking and precision systems, unmanned aerial vehicles, and internet and data
transmission technology.426
181. The States and companies mentioned above are listed in the annexes to this
report.
182. Removing the Tatmadaw from Myanmar’s economy will entail two parallel
approaches. The first is negative, and requires the economic isolation of and
disengagement from Tatmadaw associated companies. This includes the abovementioned economic interests, as outlined in the Mission’s findings. The second
approach is positive, and centres on the promotion of economic ties and engagement
with non-Tatmadaw companies and businesses in Myanmar as a means of building and
strengthening the non-Tatmadaw sector of the economy.
183. Implementing these two parallel approaches will erode the economic base of the
Tatmadaw. This will undercut its ability to obstruct the reform process. It will also
impair the Tatmadaw’s ability to carry out its operations and thereby contribute to a
reduction in violations of human rights and international humanitarian law. Finally, it
will serve as a form of accountability in the short-term, ensuring that the Tatmadaw
suffer the consequences – at least economically – of its actions.
184. At the same time, pursuing these two approaches in parallel will contribute to
fostering the continued liberalization of Myanmar’s economy, including its natural
resource sector, albeit in an accountable way, contributing to equity and transparency,
as well as greater economic growth for Myanmar’s population.
185. To this end, the following recommendations set out a road map for the
government of Myanmar, United Nations Security Council, Member States, relevant
regional and international inter-governmental organizations, investors and businesses,
international financial institutions, and the United Nations, its funds, programmes and
agencies.
186.
To the Government of Myanmar:
(a)
Place the Tatmadaw fully under civilian control and oversight through the
adoption of necessary laws and policies, including through the amendment of the
Constitution;
(b)
Following a full restructuring of the Tatmadaw, as well as an amended
Constitution that ensures civilian control over the military, require parliamentary
approval of all funding for the Tatmadaw and prohibit any income for the Tatmadaw
that is not under parliamentary control. Consequently, remove the Tatmadaw from
Myanmar’s economic life, prohibiting it by law from engaging in any form of economic
activity and prohibiting serving Tatmadaw officers from having a controlling interest
in any economic ventures or sitting on the boards of economic enterprises;
(c)
In the interim, implement measures ensuring that MEHL and MEC
comply with all tax, accounting and financial rules, and fully disclose all information on
their financial activities and operations, and those of their subsidiaries;
(d)
Develop a robust policy and legislative framework that requires
companies involved in natural resource extraction, including MEHL, MEC and their
426
64
See Annex VI. Arms and military equipment suppliers to the Tatmadaw.
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