A/HRC/39/CRP.2
Minister for Social Welfare, Relief and Resettlement, Dr Win Myat Aye, stated that the
“redevelopment of Maungdaw region” would be implemented according to the Natural
Disaster Management Law (NDML):2773
There is a need to follow a law in managing the redevelopment works for terrorist
acts that had occurred. In some places, it became a burnt land. According to the law,
burnt lands become government-managed lands. The law that governs burnt land is
national disaster management law.2774
1218. Article 2 of the NDML defines natural disaster as the destruction of property,
livelihood infrastructure, “… due to natural or man-made accidents or negligence such as fire
… or violence and armed insurgencies.” 2775 The National Natural Disaster Management
Committee, formed by the Government to implement this law, is responsible for leading the
implementation of projects for the “rehabilitation and reconstruction activities after the
natural disaster”.2776 The law precludes criminal liability against responsible parties, such as
the Government or the national disaster management committee, where disaster management
“is done in good faith”.2777
1219. In the view of the Mission, this is a misapplication of the law in the present context.
The Tatmadaw is responsible for the intentional burning and destruction of Rohingya villages
and property. Reference to this law in this context further demonstrates the failure of the
Government of Myanmar to take responsibility for its actions, and further leads to the
conclusion that a safe, voluntary and dignified return from Bangladesh is impossible.
Demolition and other forms of terrain clearance
Image of Chein Khar Li and Thaung Paing Nyar villages in southern Maungdaw,
taken on 20 February 2018, showing extensive terrain clearance through bulldozing
2773
2774
2775
2776
2777
288
Natural Disaster Management Law (Pyidaungsu Hluttaw Law No. 21, 2013).
Ministry of Information, “Redevelopment of Maungtaw region as per Disaster Management Law” (26
September 2017), www.moi.gov.mm/moi:eng/?q=news/27/09/2017/id-11604
Natural Disaster Management Law, art 2.
Natural Disaster Management Law, art 5.
Natural Disaster Management Law, art 35.