A/HRC/39/CRP.2
the SSA-S and fighting started. The Tatmadaw gave me a gun and told me to shoot at
the Shan soldiers, but I did not know how to shoot. I refused and the soldiers beat
me.565
272. Individuals acting as porters were frequently forced to carry weapons, 566 and one
individual reported being required to load ammunition into weapons. 567
273. In some cases reported to the Mission, individuals were taken from their villages for
forcible recruitment into the Tatmadaw. 568 One of these individuals was a child. 569 Credible
information received by the Mission, however, indicates that the Tatmadaw have forcibly
recruited adults and children throughout the reporting period.570 With regard to the
recruitment of adults, it needs to be examined whether these and other cases amount to forced
labour, or were imposed in manner that would render the recruitment unlawful or arbitrary
(for example, not prescribed by law; implemented in a way that is arbitrary or discriminatory;
functions and discipline of recruits not based on military needs and plans; or not
challengeable in a court of law). The Mission notes that efforts have been made to address
the issue of child recruitment.571 In 2012, the Government and the United Nations signed a
joint action plan to end the recruitment and use of child soldiers. In 2018, it was reported that
the total number of released children since the signing of the plan was over 924.572 In 2018,
the Tatmadaw remained listed as a perpetrator of recruitment and use of children in the
Secretary-General’s report on children and armed conflict but it is recognised as having put
in place measures to improve protection of children during the reporting period.573
7.
Forced displacement, confiscation and destruction of property, and denial of
humanitarian assistance
274. The complete disregard for the interests and well-being of the civilian population in
Kachin and Shan States, particularly, but not only, in areas of active conflict, is further
demonstrated by patterns of movement restriction and forced displacement; the confiscation
and destruction of land and property; and the denial of humanitarian relief.
(a)
Legal framework
275. It is a violation of international humanitarian law for a party to a non-international
armed conflict to order the displacement of the civilian population, in whole or in part, unless
an evacuation is required to protect the security of the civilians involved or because of
imperative military reasons.574 This displacement includes forced transfer caused by physical
force, the “threat of force or coercion, such as that caused by fear of violence, duress,
detention, psychological oppression or abuse of power against such person or persons, or by
taking advantage of a coercive environment”.575 Parties to a conflict also have a duty to ensure
respect for their obligations under international law so as to prevent displacement caused by
565
566
567
568
569
570
571
572
573
574
575
70
PI-011.
DI-063, DI-064, PI-022, PI-076, PI-080, PI-096, PI-099.
PI-080.
PI-012, PI-016, PI-080, PI-081.
PI-016.
K-070, K-072.
Children must never be recruited into armed forces. This applies at a minimum to those under 15
years of age. Voluntary recruitment of children 15 years and above into State armed forces is not
prohibited by international law though preference should be given to recruiting those closest to 18
years of age. See CRC, art. 38(2)(3).
UNICEF, “Seventy-five children and young people released by the Myanmar Armed Forces” (3
September 2018). Also, S/2017/1099.
A/72/865, S/2018/465.
ICRC/Customary IHL, rule 129B.
ICTY, Prosecutor v. Stakić, IT-97-24-T, Appeals Judgment, 22 March 2006, para. 281. This language
was adopted and appears in the footnote of the ICC Elements of Crime, art. 7(1)(d).