CONFLICT, HUMAN RIGHTS ABUSES and DISPLACEMENT in RAKHINE STATE Technical Report & Documentation for January – June 2019

19 July 2019 International Campaign for Arakan

Email: contact@arakancampaign.org

1050 Connecticut Ave, NW, Washington D.C 20036

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Table of Contents

PAGE CONTENTS

1 Title Page

2 Table of Contents

4 I. Introduction to Current Situation in Rakhine State

5 II. Methodology for Gathering & Presenting Information

6 III. Results (organized by Codes)

6 A Battles between opposing militaries (Arakan Army and Burmese Army)

7 1 Indiscriminate Attacks Affecting Civilians

7 2 Injuries and Deaths among Children

8 3 Extrajudicial killings and disappearances

8 4 Kidnappings and detentions

8 5 Sexual violence, beatings, torture and mutilations

8 6 Landmines and IEDs

8 7 Chemical Weapons Attacks

9 8 Suppression of Media, Internet, Free Speech

9 9 Forced Labor, Use of Facilities

10 10 Looting, Destruction of Homes & Buildings

10 11 Intimidation, threats, searches of civilians, arbitrary arrests

10 12 Monetary Compensation for Deaths

10 13 Internally Displaced Peoples (IDPs)

11 14 Restricting Humanitarian Access

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12 15 Loss of Cultural Heritage

13 IV. Analysis and Conclusions

13 Responsibility

13 Arms Suppliers

14 Economic Interests

16 Impunity

16 Genocide

17 War Crimes

17 Human Rights Violations

19 V. Requests to Burmese Government and International Community

20 VI. Appendices

20 1. List of Events in chronological order

20 2. CODES designating the type of event or human rights violation

21 VII. Endnotes and References

PAGE TABLES

6 Table 1. Battles and Attacks

8 Table 2. Human Rights Violations

11 Table 3. More Human Rights Violations

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I. Introduction

Arakan, also known as Rakhine or Rakhaing, was an independent Kingdom for some five thousand years, from BC 3325 – AD 1784. The last dynasty was the powerful and prosperous Buddhist kingdom of Mrauk-U, which ruled the region from 1433 until the conquest by the Burmese in

1784i. This conquest put the Arakanese under Burmese rule from 1784 until the present, with the exception of British rule from 1826-1948. The center of this population is currently known as Rakhine State, one of the states in Myanmar (Burma).

The Rakhine or Arakanese people maintain an ethnic identity, both within Rakhine State and also in the various locations they have migrated to around the world. Although no accurate census figures exist, population estimates for ethnic Arakanese include 3,300,000 (Myanmar), 207,000

(Bangladesh), and 50,000 (India)ii.

As a conquered ethnic minority in Burma, the Arakanese have been marginalized and disempowered by the dominant Burmese society. They suffer from high rates of poverty and unemployment, and lower rates of education and access to health care compared to mainstream Burmese society. The promotion of resource exploitation as well as conservation policies have been used by the Burmese government to remove Arakanese from their lands. The Arakanese continue to marginalization by the Burmese government. Long-term grievances and current critical problems led to a strong popular Arakanese movement, one part of which was represented by an armed militia called the Arakan Army (abbreviated as AA for the rest of this report). The relationship between the wide-spread popular political movement and the armed AA faction has been a point of contention for many years, and has been exploited by the Burmese government and military to justify attacks on the general populace. Once most of the minorities group were gone in 2017, attention turned back to the marginalization of the Arakanese by the Burmese government. Long-term grievances and current critical problems led to a strong popular Arakanese movement, one part of which was represented by an armed militia called the Arakan Army (AA). The relationship between the wide-spread popular political movement and the armed AA faction has been a point of contention for many years, and has been exploited by the Myanmar government and military (Tatmadaw)to justify attacks on the general populace.

Within this larger context, in January of 2019, the AA launched attacks on four police posts in Rakhine State, precipitating a series of reprisals that has led to all-out conflict between the AA and the Tatmadaw. In the Technical Report that follows, we document and summarize the known details and elements of this conflict, with a particular focus on violations of human rights between January 1 through June 30, 2019. The conflict is still on- going as of the date of publication of this report (19 July 2019).

This Technical Report should be read as a technical companion report to the much-more-detailed popular declaration of the Arakan Human Rights Fund, entitled "Escaping from Conflict & Discrimination: Arakanese (Rakhine) Indigenous Peoples and the Crisis of Displacement".

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II. Methodology for Gathering & Presenting Information

Information for the events described in this report came from a variety of sources, as follows:

• Local news media sources (Chin World, Democratic Voice of Burma, Development Media

Group, DPA, Eleven Media Group, Hinthar Media, Irrawaddy, Khonumthung News,

Mizzima, Myanmar Times, Narinjara News, Network Media Group)

• News media sources in Asia (Asia Pacific Regional Outlook, Radio Free Asia, Xinhua)

• International news media sources (Al Jazeera, The Guardian, New York Times, Reuters,

Voice of America, Washington Post)

• The ACLED conflict database (https://www.acleddata.com/)

• Personal reports contributed by Arakanese individuals living in, or having relatives in,

Rakhine State (these are generally referred to as "not specified" or "unattributed" in order

to protect the safety of the informant)

• Human Rights organization reports (Amnesty International)

• UN agency reports (UN Office for the Coordination of Humanitarian Affairs – OCHA –

Report)

Each event described in one or more of the above sources was placed into an excel spreadsheet listing date, location, summary of event, and source of information. Duplicates (multiple reports determined to be covering the same event) were merged. References and sources are provided in column L of the spreadsheet. This data was organized in chronological order, with a separate tab for each month. The spreadsheet can be seen as Appendix 1.

Each event was then given one or more codes, designating the type of event or human rights violation that appeared to be described in the source. Codes can be seen in columns H, I and J of the spreadsheet. These fifteen codes, developed for this Technical Report, are listed in Appendix 2, along with the number of events coded for each code, by month.

In the Results section below, we summarize the documented events under headings representing the 15 codes designating the type of event or human rights violation.

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III. Results More than half of all battles or clashes between the AA and the Burmese military (Tatmadaw) appear to involve human rights violations or war crimes. This was determined as follows:

• First, we counted all the events coded as attacks, including A (battles between the two armies),

1 (indiscriminate attacks on civilians), 6 (Landmines and IEDs), and 7 (Chemical Weapons

Attacks).

• Then we counted how many of these were described only as A (battles between the two

armies), without other codes being applied.

For the six months analyzed, there were a total of 222 battle or attack events tallied (codes A, 1, 6

and 7). Of these, 103 were described purely as military battles, while 119 involved other codes that

included actual attacks on civilians, whether intentional or indiscriminate, or the potential for grave

harm to civilians through use of land mines, chemical weapons, or other actions that put villagers at

risk. There is a very clear trend in numbers of battle or clash events, with March 2019 being the

highest point (over 2 battles per day, even after removing the reports from unspecified sources).

More recent numbers are still too high: approximately one battle per day in June.

Table 1: Battles and Attacks (Numbers are a tally of events, not affected individuals)

MONTH DOCUMENTED

BATTLE EVENTS

(Codes A,1,6,7)

BATTLES WITH / WITHOUT

DOCUMENTED CIVILIAN

HARMS OR RISKS

BATTLES INVOLVING

LANDMINES AND

IEDS

BATTLES INVOLVING

CHEMICAL

WEAPONS ATTACKS

January 21 14 7 1 0

February 33 13 20 6 0

March 82 42 40 3 1

April 26 13 13 1 0

May 28 16 12 7 1

June 32 21 11 4 0

TOTAL 222 119 103 22 2

A: Battles between opposing militaries (Arakan Army and Burmese Army) As pointed out above, there have been at least 222 battle or clash events in the 6-mont period analyzed. This is certain to be an underestimate, as it is difficult to obtain accurate and timely information in the midst of a conflict. Most of these clashes have been located in rural areas or villages, although a significant number have taken place in or near more populated areas such as

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Sittwe, Mrauk-U, Minbya, Ponnagyan, Maungdaw, Buthidaung, Kyawtaw, . The battles have involved gunfire, shelling, bombing, helicopter attacks, IEDs, land mines, and reportedly chemical weapons.

The AA often targets police as well as military forces. The battles often appear to be asymmetric, with the Burmese military forces having a technological advantage. However, we have no quantitative documentation on this. After most battles, the two opposing sides tend to give different descriptions of who initiated the fighting ("the other side initiated it") and how many troops were killed ("we didn't lose that many"). 1: Indiscriminate Attacks Affecting Civilians More than half of all the documented battles (119 out of 222) are described as having put civilians at grave risk, often with documented casualties. Many personal anecdotes describe the situation of these civilians as they hide or run, fearing for their lives and watching members of their family or community be injured severely or killed. A significant number of the battles injured or killed children (see 2, below) or resulted in displacement of community members (see 13, below). It is clear that the Burmese military does not exercise great caution to avoid striking civilians. When challenged, they often defend their actions by saying that the community members were not civilians but were actually members of the AA. These indiscriminate attacks probably constitute war crimes as well as human rights violations when they generate a high risk for harm to civilians. 2: Injuries and Deaths among Children The data we have analyzed document a total of 17 events in which children (including unborn children) were harmed – either injured, killed, or forced to hide or flee. See Table 2, column 2. Actual numbers are probably much higher, as reports which did not specifically mention children, were not counted here. In fact, when entire communities are harmed, children are doubtless

Table 2: Human Rights Violations (Numbers are a tally of events, not affected individuals) MONTH Harm to

Children

Extrajudicial

Killings or

Disappearances

Kidnappings

or

Detentions

Sexual violence,

beatings or

torture

Forced Labor

or Use of

Facilities

Looting or

Destruction

of Property

January 3 0 3 0 0 2

February 2 6 8 4 4 1

March 5 5 7 3 2 6

April 3 7 5 3 0 1

May 3 2 3 2 0 0

June 1 4 4 1 2 2

TOTAL 17 24 30 13 8 12

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harmed as well. These harms to children may very well constitute war crimes as well as human rights violations.

3. Extrajudicial killings and disappearances

The data we analyzed document a total of 24 events in which extrajudicial killings or disappearances took place. See Table 2, column 3. Killings or disappearances were not coded in this category unless they were clearly described as intentional executions, took place during beatings or torture of specific individuals, or involved people who disappeared after having been detained. Otherwise they fell under A (battles and clashes) or 1 (indiscriminate attacks affecting civilians). The Burmese military sometimes tried to hide such killings, denying knowledge or in some cases attributing the deaths to other factors such as suicide, addiction withdrawal or heart attack. These extrajudicial killings or disappearances probably represent both war crimes and human rights violations. 4. Kidnappings and detentions The data we analyzed document a total of 30 events in which kidnappings or detentions took place. See Table 2, column 4. The difference between these and the disappearances discussed above is that community members generally saw these people being taken, and had some sense of where they were and that they were still alive. Of course, in some cases, what started as a detention could end up being a disappearance. Detentions were distinguished from normal criminal arrests in that there was no believable criminal offense. Some of these kidnappings or detentions probably represent both war crimes and/or human rights violations.

5. Sexual violence, beatings, torture The data we analyzed document a total of 13 events in which sexual violence, beatings, torture took place. See Table 2, column 5. Most of these were beatings or torture, generally of persons in detention. In a number of cases, people who were beaten or tortured subsequently died, in which cases the incident received multiple codes. It is possible that sexual violence is underreported due to the shame experienced by those who suffer this type of attack. It may also be that reports of sexual violence are made, but are not published in the news sources where most of these data were obtained. These uses of sexual violence, beatings or torture probably represent both war crimes and human rights violations. 6. Landmines and IEDs The data we analyzed document a total of 22 events in which landmines and IEDs were reportedly used. See Table 1, next-to-last column. The Myanmar Government Forces (Thamdaw) seems to use land mines more frequently, perhaps because they have inferior fire-power for head-on confrontations. Of course, land mines put civilians at risk because there is no way to control who triggers their detonation. The use of anti- personnel mines is a violation of the Ottawa Convention, and can amount to war crimes where they are used indiscriminately or cause unnecessary sufferingiii.

7. Chemical Weapons Attacks We only came across one reported use of chemical weapons. This event was described as follows: "March 16, 2019: Burmese Government Forces helicopters dropped barrel bombs filled with

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chemical weapons on Mrauk U, Kyawtaw and Minbya 3 township in Arakan State. The Burmese government forces resumed shelling of Arakan Army and used chemical weapons to attack. 15 civilians were wounded by the chemical weapon attack and 6 civilians admitted to urgent care at local hospitals in Mrauk U and Kyauwtaw. Chemical weapon attacks may have affected 100 people including pregnant women and children. Witness said that at least 15 civilians were being treated. Local hospital reported that people continued to arrive at a hospital in Mrauk U and Kyauwtaw Hospitals, and civilians have been treated for breathing problems." Unfortunately, the report was not attributed, and thus it is hard to know how much weight to give it. If true, it would constitute a war crime and human rights violation.

8. Suppression of Media, Internet, Free Speech The suppression of media, internet and free speech have been verified, although this cannot be quantified as a tally of "events". News reporters have been threatened or arrested for their coverage of the conflict, and in late June, mobile internet was shut down in the conflict region.

According to Amnesty International, "In late March, several Yangon- and Sittwe-based media outlets received threatening e-mails and phone calls, warning them about their coverage of the conflict…".iv

In a well-documented case, "Ye Ni, the editor of the Burmese edition of The Irrawaddy, was charged with “online defamation” under Section 66(d) of Myanmar’s 2013 Telecommunications Act on 12 April 2017.243 The charge relates to an article which appeared on The Irrawaddy website on 1 April 2019, detailing its reporter’s eyewitness account of the fighting in Mrauk-U town in March. If convicted, Ye Ni faces up to two years in prison… Amnesty International is aware of at least one other editor who is facing charges under Section 66(d) for their reporting on the conflict in Rakhine State in 2019."v In another case, "In early May 2019 Aung Marm Oo, the editor of Development Media Group (DMG), learned that he is being investigated under section 17/2 of the Unlawful Associations Act. DMG is a Rakhine State-based news agency, which regularly reports on the conflict... The charge carries up to five years in prison for any person who “manages or assists in the management of an unlawful association, or promotes or assists in promoting a meeting of any such association, or of any members thereof as such members”.vi At the time of the Amnesty International publication (late May 2019), Aung Marm Oo was in hiding. Note that Development Media Group is one of the main sources of information for this Technical Report.

Finally, in a further attempt to control the flow of information, the government of Myanmar imposed an internet shutdown in the conflict zone in Rakhine State and Chin State on June 21st, 2019.vii Mobile internet was still shut down as this Technical Report was being prepared in mid- July. These instances of suppression of media and free speech are human rights violations. 9. Forced Labor, Use of Facilities The data we analyzed document a total of 8 events in which forced labor or forced use of facilities (such as schools) took place. See Table 2, column 6. This is a form of stealing people's labor, and of kidnapping people away from their daily life, and as such is a human rights violation.

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10. Looting, Destruction of Homes & Buildings The data we analyzed document a total of 12 events in which looting (stealing) or destruction of homes and other buildings took place. See Table 2, column 7. This form of stealing is a human rights violation. 11. Intimidation, threats, searches of civilians, arbitrary arrests The data we analyzed document a total of 13 events in which intimidation, threats, searches of civilians and/or arbitrary arrests took place. See Table 3, column 2. These actions were sometimes justified by the Burmese military as targeting the AA; however, there is no documentation that this was the case. The net result of these actions was to strike fear into the hearts of the Arakanese people, often causing them to flee or go into hiding. They constitute human rights violations, and possibly war crimes in some of the worst cases.

Table 3: More Human Rights Violations (Numbers are a tally of events, not affected individuals) MONTH INTIMIDATION,

SEARCHES and ARBITRARY ARRESTS

MONETARY COMPENSATION FOR DEATHS

INTERNALLY DISPLACED PEOPLES (IDPS)

RESTRICTING HUMANITARIAN ACCESS

LOSS OF CULTURAL HERITAGE

January

3 1 4 1 0

February

3 0 4 0 0

March

3 2 4 0 10

April

0 0 2 1 1

May

2 0 1 0 0

June

2 0 9 0 0

TOTAL

13 3 24 2 11

12. Monetary Compensation for Deaths The data we analyzed document a total of 3 events in which monetary compensation was offered to the family after actions of the Burmese military resulted in someone's death. See Table 3, column 3. In each case, the amount offered was pathetically small, and was clearly offered as a token attempt to reduce resentment. In two of the cases, the offer was rejected. 13. Internally Displaced Peoples (IDPs) The number of events tallied here include documented events that resulted in villagers fleeing conflict. See Table 3, column 4. However, more useful estimates of the magnitude of this problem come from reports published by Amnesty Internationalviii, OCHAix and Asia Pacific Regional Outlookx.

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"According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), more than 30,000 people have been displaced by the fighting in Rakhine and Chin States since November 2018. The number of people displaced has increased dramatically as the conflict has intensified and moved closer to urban and more populated areas. As of 18 February, OCHA reported approximately 5,500 people displaced in Rakhine State. This figure leapt to more than 16,000 by 24 March, and stood at

almost 27,000 two weeks later, on 6 April."xi

According to Asia Pacific Regional Outlook on May 31, 2019, "Although the government claims that there are now 33,000 internally displaced persons in Rakhine as a result of the infighting, civil society

groups dispute this with a higher estimate of close to 52,000 IDPs."xii People do not flee their homes without good reason. Thus, this high number of IDPs reflects the presence of other human rights violations and possibly war crimes. 14. Restricting Humanitarian Access Numbers tallied in Table 3 simply indicate the dates – January 10 and April 12 – of the documented restrictions on humanitarian access to assist the IDPs and other civilians. According to Amnesty International, "Since 10 January 2019, most UN agencies and international humanitarian organizations have been barred from accessing the five conflict-affected townships of Buthidaung, Kyauktaw, Maungdaw, Ponnagyun, and Rathedaung. Only the International Committee of the Red Cross (ICRC) and World Food Programme (WFP) are exempted from the ban. Authorities imposed additional access restrictions following the escalation of fighting in Mrauk-U Township in March 2019. Local human rights organizations have also reported restrictions on humanitarian access to Chin State. Also according to Amnesty International, "In addition to restricting humanitarian access, Myanmar’s authorities – both military and civilian – have imposed restrictions on the transport of food and medical supplies in conflict-affected townships. Amnesty International obtained a copy of an order issued by the Kyauktaw Township General Administration Department dated 12 April 2019, which requires any person seeking to transport food, rations, and medical supplies within the township, or to other townships in Rakhine State, to first obtain a permit and submit to inspection by township authorities and police officials. The order is silent on the penalty for non- compliance. The order explicitly states that its aim is to target “insurgents” through: “the successful targeting of those things which they have a basic need of in order to be able to continue to exist in the long term, namely… transport of weapons and ammunition, recruitment and assembly of new people, and putting blocks in place to prevent rice and food supplies, medication

and medical supplies from being sent to them or reaching them."xiv

This is clearly a human rights violation and likely a war crime.

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15. Loss of Cultural Heritage The data we analyzed document a total of 11 events in which fighting in and around the nominated UNESCO world heritage site of Mrauk-U threatened or destroyed parts of the physical infrastructure, including monasteries, forts, temples, stupas, and other structures. See Table 3, column 6. Mrauk-U has come under direct shelling, as well as gunfire, and portions of the ancient structures have been damaged. This has caused a strong emotional reaction by the Arakan people, who identify with this cultural heritage as a central part of their identity. In recent years, cultural rights have been proposed to be an integral part of human rights.xv, xvi. These attacks demonstrate a wanton disregard for the cultural identity of the Arakan communities, or perhaps an intentional targeting, and may thus constitute a human rights violation.

IV. Analysis and Conclusions Responsibility Both the Arakan Army (AA) and the Burmese military (Tatmadaw) bear responsibility for the protection of civilians, their health and social well-being, their property, their economic livelihoods and their cultural heritage. This means they must avoid putting civilians at risk in any of the ways outlined in this report. The Burmese military bears the larger part of the responsibility since it has more resources, superior military capacity, and greater ability to do harm through shelling and bombing. People elected the current governing party the National League for Democracy (NLD) and its leader the Nobel laureate Aung San Sue Kyi with hopes of solving the problems of ethnic equality and self-determination in the country. However, the NLD government has miserably failed to bring about a negotiated agreement to resolve the conflict between the Burmese military (Tatmadaw) and ethnic armed organizations (EAOs). Also, the NLD government has imposed restrictions on the delivery of humanitarian aid to those who have been displaced by the conflict. Additionally, civilians have been killed while in military custody, and all human rights violations issues are being ignored. The NLD government must be held accountable for the escalation of attacks against the civilians and it’s inability to protect innocent civilians lives.

Arms Suppliers External forces, particularly economic interests and arms suppliers, also bear some responsibility for the conflict in Rakhine State, playing a role in the impoverishment, disempowerment and violence affecting the Arakanese people. Arms suppliers to the Burmese military include China, Israel, Russia and others. Myanmar is currently on a shopping spree for military hardware, despite EU and US arms embargoes and calls earlier this month from a UN fact-finding mission for the international community to sever financial ties to Myanmar’s military. China has been its main source of weapons, according to the Stockholm International Peace Research Institute (SIPRI), which estimates that from 2013-17 China accounted for 68% of Myanmar arms imports, including armored vehicles, surface-to-air missile technology, radar, and unarmed drones.xvii

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Senior General, Min Aung Hlaing, Commander-in-chief of the Armed Forces of Myanmar said in April of 2019 that the country was interested in new purchases of Russian weapons. According to him, the state is ready to purchase all types of military equipment, including artillery, tanks and small arms.xviii Russia is already assembling six Sukhoi SU-30SM fighter jets for Myanmar under a contract worth about US$204 million signed between the two nations last year.xix

Israeli arms dealers are also selling arms to the Burmese military. Myanmar military representatives showed up at the ISDEF 2019 expo in Tel Aviv on June 4, 2019.xx In addition, Myanmar has recently bought a number of JF-17 "Thunder" combat jets, developed jointly by China and Pakistan.xxi

The UN's independent fact-finding mission looking into the actions of the Burmese military in Rakhine State has concluded that the world must impose arms embargos, sanctions, and withdraw support.xxii

Economic Interests Interests attempting to engage in oil and gas development or the tourism industry in and around Rakhine State have played a role in impoverishing and marginalizing local farmers by confiscating land. China's Belt and Road Initiative leans on Myanmar to allow them access for a transportation corridor. India also has interests in connecting cities through routes in Myanmar. While Myanmar finds ways to make peace with other ethnic-based militias, they seem to be determined to wipe

out the Arakan Army.xxiii

According to another analysis, China is interested in rebuilding its influence in Myanmar in order to manage conflicts so they do not spill over the border. Another strategic interest is to preserve access to the Indian Ocean, where Myanmar is seen as a ‘land-bridge’. Instability along the borders creates obstacles in the smooth implementation of China’s mega infrastructure projects that include road, rail and energy pipelines as part of its massive Belt and Road Initiative (BRI). The China-Myanmar oil and gas pipelines connecting Myanmar’s Rakhine state off the coast of the Bay of Bengal and Chinese Yunnan provincial capital Kunming transport imported energy from the Bay of Bengal, West Asia and Africa to Chinese hinterlands. Overland trade through China-Myanmar borderlands comprises of over half of the US$11 billion bilateral trade. Myanmar shares a 1,997-km land border with China’s Yunnan province, and cross-border trade with Myanmar is vital for Yunnan

province.xxiv This analysis ties China's oil and gas pipelines to the conflict in Rakhine State. Rakhine remains one of Myanmar’s poorest states – 78 percent of the population live below the poverty line (nearly double the national average). China has been investing heavily in projects within the Rakhine State, including a deep-sea port and a gas pipeline to Yunnan. However, locals have seemingly not seen any positive benefits. An August 2017 report by a government-backed commission on Rakhine’s troubles, led by former UN chief Kofi Annan, echoed alarm about who was really benefiting from the investments. The report stated that, “profit tends to be shared between Naypyidaw and foreign companies, and as a consequence, local communities often perceive the government as exploitative”. Hence, the sense of exclusion from socio-economic development has created new grievances, contributing as an additional trigger to Rakhine nationalism.

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Consequently, the Arakan Army enjoys widespread support among the Rakhine majority,

particularly vulnerable population.xxv Myanmar-China oil and gas pipeline is the biggest foreign direct investment between China and Myanmar, connecting from Yunnan Province, China through to Rakhine State, Myanmar. It is part of China's Belt and Road Initiative. The Myanmar-China Pipeline Watch Committee (MCPWC) has formed a network of civil society organizations in 21 townships along the pipeline to monitor the pipeline project. Land confiscation and environmental destruction are the two major issues along the pipeline. In 2015, MCPWC has done the field research project in 100 villages within 6 townships along the pipeline and wrote an exclusive research report titled “In Search of the socio- economic situation along Myanmar-China Oil and Gas pipeline” which was published on the 18th of January,

2016.xxvi Investors from many countries including Singapore, South Korea, China and India are investing in Rakhine State. Singapore topped the list with US$20.6 billion investment in Myanmar, followed by China with US$20.3 billion investment. Foreign investors made the biggest investment in energy sector in the state, and local investors made most of their investments in the hotel and tourism

sector.xxvii Aid groups and human rights advocates have warned the World Bank that a $100 million development project it is planning for Myanmar’s conflict-riven Rakhine state could worsen tension there. “It is difficult to imagine how meaningful recovery and development are possible in Rakhine without addressing the underlying human rights issues that currently impact every aspect of life for communities,” more than a dozen international non-governmental organizations (NGOs) in Myanmar said in an April 9, 219, letter to the World Bank’s Myanmar office, obtained by Reuters. Suu Kyi has said development is key to resolving Rakhine's multiple crises. The proposal stems from a meeting between Suu Kyi and the bank's vice president for East Asia and Pacific, Victoria Kwakwa, in July last year. According to the World Bank: "The project is being carefully prepared so that it does not reinforce or perpetuate movement restrictions or other forms of segregation, and that it

creates new openings for social cohesion and positive exchanges between communities."xxviii Multinational companies doing business with Myanmar’s military have so far shrugged off calls from activists to cut ties despite ongoing efforts to have the country’s top generals prosecuted for genocide. Even big brand names such as Western Union that stand to suffer reputational damage in the wake of outrage over mass killings in Rakhine state in 2017 have stuck with their military- owned business partners. Late last year the Burma Campaign UK pressure group published a list of 49 foreign companies it said were doing business with the military or implicated in rights abuses in Myanmar. The military is believed to draw large amounts of off-the-books funding from two local conglomerates: the Myanmar Economic Corporation (MEC) and Union of Myanmar Economic Holdings (UMEH). Western Union uses a local bank that is a subsidiary of UMEH as an agent for its remittance services in Myanmar, while the Adani Group, an Indian conglomerate, recently signed a

$290 million deal to develop a container port with MEC.xxix Chevron Corp will put a focus on human rights in Myanmar under an agreement with an investor

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group that had urged it to pay more attention to violence in the Asian nation where the U.S. oil company has operations. Chevron will undertake steps including social investment reviews in Myanmar’s Rakhine State, donate to humanitarian organizations for Rohingya refugees, and help develop practices for companies operating amid risks of crimes against humanity, according to a letter signed by a company executive. Chevron, the second-largest U.S.-based oil producer, does business in Myanmar through a subsidiary, Unocal Myanmar Offshore Co, according to Chevron’s website. Its projects there include a minority interest in natural gas production and in a pipeline

company.xxx Australian developer Gold Coast KTMG Myanmar has proposed a 7,000-acre, US$38 billion “new city” project in the suburbs of Sittwe, Rakhine State’s capital. The company expects the project to cost about $38 billion. The biggest obstacle facing the company could be obtaining the right to use the land, as thousands of land plots and farms in the area belong to villagers. The price of real estate including farmland in the area is skyrocketing, both for prime locations in the city and on the outskirts of Sittwe. Company officials told lawmakers they planned to purchase the land from local

residents at current market prices.xxxi Impunity The government of Myanmar (Burma) is documented to have a direct role in the decisions to target civilians during conflict in Rakhine State, through the following actions documented in the data we analyzed:

• cutting off internet and freedom of media coverage

• blocking humanitarian access

• arbitrary arrests, detentions, torture, and extrajudicial killings

• military decision about where to shell, bomb and fire guns

Because the Burmese government is authoritarian and does not adhere strictly to rule of law, they often investigate allegations against their own actions and declare themselves to have acted properly, incompliance with the law. This process leads to complete impunity for any violations the government or its associated entities (such as police and military) commit. Genocide The UN defines genocide as followsxxxii: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: A. Killing members of the group; B. Causing serious bodily or mental harm to members of the group; C. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; D. Imposing measures intended to prevent births within the group; E. Forcibly transferring children of the group to another group. The intent is the most difficult element to determine. To constitute genocide, there must be a proven intent on the part of perpetrators to physically destroy a national, ethnical, racial or religious

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group. Cultural destruction does not suffice, nor does an intention to simply disperse a group. It is this special intent that makes the crime of genocide so unique. In addition, case law has associated intent with the existence of a State or organizational plan or policy, even if the definition of genocide in international law does not include that element.

Importantly, the victims of genocide are deliberately targeted - not randomly – because of their real or perceived membership of one of the four groups protected under the Convention (which excludes political groups, for example). This means that the target of destruction must be the group, as such, and not its members as individuals. Genocide can also be committed against only a part of the group, as long as that part is identifiable

(including within a geographically limited area) and “substantial.”

War Crimes According to the International Committee of the Red Cross, the International Criminal Court defines War Crimes as followsxxxiii: The Statute of the International Criminal Court defines war crimes as, inter alia, “serious violations of the laws and customs applicable in international armed conflict” and “serious violations of the

laws and customs applicable in an armed conflict not of an international character”xxxiv.

Amnesty International concludes, in their report on this conflict: "The fact that violations – including war crimes – have been committed not only by units long based in Rakhine State and associated with previous atrocities, but also by newly-deployed units, highlights the

institutionalized and systemic nature of military abuse in Myanmar."xxxv The spokeswoman for the UN High Commissioner for Human Rights, Ravina Shamdasani, said the agency had "credible reports of the killing of civilians, burning of houses, arbitrary arrests, abductions, indiscriminate fire in civilian areas and damage to cultural property." "We are deeply disturbed by the intensification of the conflict in Rakhine state in recent weeks," Shamdasani told a press conference in Geneva. "The Myanmar military is again carrying out attacks against its own

civilians — attacks which may constitute war crimes."xxxvi The 6-month documentation in this Technical Report suggests that the Burmese military has probably engaged in war crimes, when comparing their activities with the "laws and customs applicable in an armed conflict". Documented actions they have taken that may fall under this definition include Indiscriminate attacks on civilians with clear knowledge that civilians were being placed in harm's way; Extrajudicial killings and disappearances; Sexual violence, beatings, torture and mutilations; and Chemical Weapons Attacks, among others. Human Rights Violations According to the Universal Declaration of Human Rights, Human Rights Violations would be the violation of one or more specified human rights, laid out in 30 Articles, and including the following

and many morexxxvii:

• Everyone has the right to life, liberty and security of person

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• No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

• Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

• No one shall be subjected to arbitrary arrest, detention or exile.

• Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for this defense.

In recent years, cultural rights have also been proposed to be an integral part of human rights.xxxviii, xxxix.

The 6-month documentation in this Technical Report demonstrates that the Burmese military has engaged in human rights violations to a degree that goes beyond the normal harms associated with armed conflict; specifically including violation of the human rights listed above.

V. Requests to Burmese Government and International Community

The International Campaign for Arakan is calling for the following:

➢ immediate cessation of armed conflict against Arakanese (Rakhine) and other indigenous

peoples

➢ release Arakanese (Rakhine) leaders and civilians who are arbitrarily detained

➢ immediate and unfettered humanitarian access to affected populations, including

displaced people

➢ unfettered access for independent journalists and human rights observers

➢ Myanmar military and civilian government disclose the fate and whereabouts of

disappeared people

➢ ensure all detainees are:

o not tortured or ill-treated

o have access to a lawyer and to their families

o are able to challenge the legality of their detention

➢ referral of Burmese military to ICC

➢ global arms embargo against Burmese military

➢ targeted and economic sanctions for the responsibility of human rights violations

➢ a truly independent international investigation

➢ implement the UN Declaration on the Rights of Indigenous Peoples for the Arakanese

➢ enforce ILO Convention 169 principles, especially with regard to self-determination and

land and resource rights for the Arakanese

➢ ensuring that Indigenous Peoples in Myanmar are guaranteed freedom of expression

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➢ maintain distinct cultural identities of Arakanese people

➢ allow Arakanese people to live free from discrimination and the threat of genocide

➢ allow Arakanese people to have secure access to the lands and resources essential to their

well-being and way of life

➢ implement Sustainable Development Goal 16 in Myanmar: Promote peaceful and inclusive

societies for sustainable development, provide access to justice for all and build effective,

accountable and inclusive institutions at all levels

VI. Appendices 1. List of EVENTS in chronological order (excel spreadsheet)

2. CODES designating the types of event or human rights violation, with numbers of events designated with each code, by month; Tab 7 includes key articles analyzing the conflict and human rights violations (excel spreadsheet)

VII. ENDNOTES and REFERENCES

Note that most references are provided in Appendix 1 (excel spreadsheet list of events).

i https://en.wikipedia.org/wiki/Rakhine_people ii https://en.wikipedia.org/wiki/Rakhine_people iii http://theconversation.com/two-decades-after-they-were-banned-its-time-to-make-landmines-war-crimes-88054 iv Amnesty International report "No One Can Protect Us" p 40 v Amnesty International report "No One Can Protect Us" p 39 vi Amnesty International report "No One Can Protect Us" p 40 vii https://www.amnesty.org/download/Documents/ASA1606042019ENGLISH.PDF viii Amnesty International report "No One Can Protect Us" p 31 ix OCHA Report - Myanmar: New Displacement in Rakhine and Chin States x Asia Pacific Regional Outlook, June 2019 issue xi Amnesty International report "No One Can Protect Us" p 31 xii Asia Pacific Regional Outlook, June 2019 issue xiii Amnesty International report "No One Can Protect Us" p 31 xiv Amnesty International report "No One Can Protect Us" p 32 xv https://en.unesco.org/news/karima-bennoune-cultural-heritage-human-rights-issue xvi https://www.ohchr.org/EN/Issues/ESCR/Pages/CulturalRightsProtectionCulturalHeritage.aspx xvii https://www.thestar.com.my/news/regional/2019/05/30/myanmars-military-goes-shopping/ xviii https://news.ru/en/world/myanmar-is-ready-to-buy-weapons-from-russia/ xix https://www.irrawaddy.com/news/burma/russia-building-six-advanced-fighter-jets-myanmar-military.html xx https://972mag.com/israel-arms-sales-genocide-podcast/142294/ xxi https://www.quora.com/Why-Myanmar-bought-JF-Thunder-17 xxii

https://www.theguardian.com/global-development/2019/may/14/un-urges-worldwide-withdrawal-of-support-for- myanmar-military xxiii https://www.eurasiareview.com/14042019-myanmar-full-scale-civil-war-in-rakhine-state-analysis/ xxiv https://www.orfonline.org/research/understanding-chinas-response-to-ethnic-conflicts-in-myanmar-49759/ xxv

https://www.eurasiareview.com/14072019-arakan-army-myanmars-new-front-of-conflict-analysis/ xxvi https://www.mata-nrg.org/wp-content/uploads/2016/07/In-Search-of-Social-Justice-along-Myanmar-China-

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Pipeline_English-Version_18012016.pdf xxvii https://elevenmyanmar.com/news/singapore-tops-the-investment-list-in-rakhine-state xxviii https://www.dhakatribune.com/world/south-asia/2019/05/17/world-bank-under-fire-for-development-plan-in- rakhine-state xxix https://www.voanews.com/south-central-asia/foreign-firms-face-scrutiny-un-looks-isolate-myanmar-generals xxx https://www.reuters.com/article/us-chevron-myanmar-exclusive/exclusive-chevron-investor-reach-deal-on- myanmar-shareholder-resolution-idUSKCN1RN19B xxxi http://www.arakanmedia.com/news/international-news/foreign-developer-proposes-7000-acre-project-in-sittwe- australian-developer-proposes-38-billion-project-in-sittwe.html xxxii https://www.un.org/en/genocideprevention/genocide.shtml xxxiii https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule156 xxxiv ICC Statute, Article 8 (cited in Vol. II, Ch. 44, § 3) xxxv Amnesty International report "No One Can Protect Us" p 9 xxxvi https://www.dw.com/en/un-attacks-in-myanmars-rakhine-state-could-be-war-crimes/a-48234266 xxxvii https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf xxxviii https://en.unesco.org/news/karima-bennoune-cultural-heritage-human-rights-issue xxxix https://www.ohchr.org/EN/Issues/ESCR/Pages/CulturalRightsProtectionCulturalHeritage.aspx