A/HRC/39/CRP.2
the lowest access to clean water and sanitation. 909 There are also concerns that some largescale development projects, such as the Shwe Gas pipeline, and initial preparatory phases for
the Kyaukpyu Special Economic Zone are not benefitting local communities.910
408. In late 2015, an ethnic Rakhine armed group, the Arakan Army, started operating in
Rakhine State.911 Its stated aims include self-determination for ethnic Rakhine (Arakanese)
people, safeguarding cultural heritage and promoting the “national dignity and Arakanese
national interest”.912 It has operated in a number of townships within Rakhine State and has
since sporadically clashed with the Tatmadaw, with clashes reportedly becoming more
frequent and more deadly in recent years. 913 The casualties incurred by the Tatmadaw in these
clashes exceed those resulting from the ARSA attacks of 2016 and 2017. The clashes have
also caused displacement of civilians.
409. In September 2016, in an effort to address the concerns of all communities in the State,
the Myanmar Government formed the Advisory Commission on Rakhine State. The
Commission, composed of six national and three international members, was chaired by
former United Nations Secretary-General, Kofi Annan. It was mandated to “finding lasting
solutions to the complex and delicate issues in Rakhine State, in accordance with established
international standards”. The Commission produced a final report in August 2017, including
88 wide ranging recommendations. 914 The Office of the State Counsellor welcomed
“recommendations for meaningful and long-term solutions”. It stated that it would give the
report “full consideration with a view to carrying out the recommendations to the fullest
extent, and within the shortest timeframe possible, in line with the situation on the ground.” 915
The report noted that the situation in Rakhine State amounted to a “development crisis”, a
“human rights crisis”, and a “security crisis”. It underscored that the mandate of the Advisory
Commission was not to examine specific allegations of human rights violations. 916
410. The Mission has examined such specific allegations. It has focused on (1) human
rights violations against the ethnic Rakhine, (2) the systemic oppression of the Rohingya, (3)
the violence in 2012, and (4) the extreme violence in 2016 and 2017 in the context of the
ARSA attacks and security forces’ “clearance operations”.
A.
Human rights violations against the ethnic Rakhine
I want to share my story with the whole world because the world does not know what
is happening in our land.917
909
910
911
912
913
914
915
916
917
100
Data from 2014 census data available on an interactive platform:
http://www.dopredatam.gov.mm/redbin/RpWebEngine.exe/Portal?BASE=MMARENG&lang=eng
CI-154, CI-162; International Commission of Jurists, Special Economic Zones in Myanmar and the
State Duty to Protect Human Rights (February 2017); Earth Rights International, There is no benefit,
they destroyed our farmland (June 2013).
The Arakan Army was created in 2009 in Kachin State, predominantly by ethnic Rakhine migrant
workers from the mines of Hpakant who received training by the Kachin Independence Army (KIA).
The Arakan Army is part of the Northern Alliance and the Federal Political Negotiation and
Consultative Committee (see chapter IV: Emblematic situation 1: Kachin and Shan States) and has
participated in hostilities in the north of Shan State, Kokang Self-administered zone and Kachin State.
Myanmar Peace Monitor, The Arakan Army.
According to credible reports, the townships where the Arakan Army operates include Buthidaung,
Kyauktaw, Maungdaw, Mrauk-U, Minbya, Ponnagyun, and Rathedaung. See: K-076.23; D.
Mathieson, “Shadowy rebels extend Myanmar’s wars (Asia Times, 11 June 2017); A. Davis,
“Myanmar’s other Rakhine problem (Asia Times, 29 November 2017).
Advisory Commission on Rakhine State, Final Report, Towards a peaceful, fair and prosperous
future for the people of Rakhine (August 2017).
Republic of the Union of Myanmar, Office of the State Counsellor, Statement by the Office of the
State Counsellor on the Final Report of the Advisory Commission on Rakhine State (24 August 2017).
Advisory Commission on Rakhine State, Final Report, Towards a peaceful, fair and prosperous
future for the people of Rakhine (August 2017), pp. 9-10 and p. 13.
DI-028.