A/HRC/39/CRP.2
388. The presence of landmines has a severe impact on the lives of civilians. Displaced
persons have indicated that landmines were one of the concerns preventing them from
returning to their places of origin. 860 For example, one individual from Namhsan Township,
Shan State, explained the impact of landmines:
There are many landmines planted on the route to my tea farm. There is no way to see
them, you only know they are there after stepping on them. Villagers often die from
stepping on them. My friend stepped on one and lost her leg. My father nearly stepped
on one but he was lucky, it exploded just before he put his foot on it. The landmines
make it dangerous for us to farm.861
3.
Lack of recourse
389. Not only do victims and survivors live in a continuing state of insecurity and a
constant fear, they also have also no recourse to justice. The very authorities that should
protect them also fail at this level. The climate of impunity and its underlying causes it
discussed in detail in Chapter VII (impunity and accountability). This section provides a brief
overview of the experiences of victims and witnesses from Kachin and Shan States in this
regard.
390. Many victims are too afraid to complain. If complaints are made, the default reaction
appears to be of reprisal and attempts to silence rather than undertaking a genuine
investigation. In cases that have been investigated, the process has often been flawed.
(a)
No possibility to file complaints
391. Individuals who escaped after having been detained and in many cases subjected to
torture, ill-treatment, sexual violence or attempted murder by the Tatmadaw, frequently told
the Mission that they were too afraid to return to their villages, let alone to file official
complaints.862 This concern was particularly apparent in cases where the Tatmadaw had
retained the individual’s identity document. 863 This fear was not unfounded as many were
later told by family members that the Tatmadaw had come and looked for them after they
had escaped.864 In some cases, the Tatmadaw had also threatened or beaten family members
of those who had fled.865 For example, one victim from Puta-O Township, Kachin State,
reported that after being sexually assaulted by a soldier in 2012 she did not return home but
the soldier went looking for her there:
I was walking back from another village when a soldier pulled me into the jungle. He
put his hand over my mouth to stop me from screaming, he beat me and touched my
body. An elderly man passing by heard the commotion and told the soldier to leave
me alone. I ran away but was too afraid to go back home so I stayed with an elder in
my village. The next day the elder went to see my parents, they said the soldier had
been to my house looking for me. He had beaten my parents and taken my ID card
from them. Because of this, I had to leave my village.866
392. Many victims therefore decided to leave the country following their escape from
detention.867
393. Individuals who did return to their villages, as well as family members of individuals
who had been killed or who had witnessed killings, told the Mission that they did not
complain as they were afraid to do so.868 This fear is not unfounded given that reprisals have
860
861
862
863
864
865
866
867
868
PI-103, SI-002, SI-003.
PI-094.
PI-078, PI-079, PI-084, PI-085, PI-089.
PI-006, PI-007, PI-011, PI-029, PI-040.
PI-066, PI-067, PI-077, PI-078.
PI-007, PI-068, PI-096.
PI-007.
PI-006, PI-029, PI-033, PI-062.
DI-057, DI-068, PI-041, PI-070.
95