A. Human rights violations against the ethnic Rakhine
1. Forced or compulsory labour
412. The Mission found a consistent pattern of the Tatmadaw using ethnic Rakhine men, women and children for forced or compulsory labour.919 Forced labour took place throughout the reporting period and across Rakhine State.920 The victims were mostly from remote rural areas. Considering that victims also referred to family members, including their parents,921 being subjected to similar practices in the past, it is clear that such practices have been a feature of Rakhine rural life for many years.
413. The ethnic Rakhine have experienced multiple forms of forced or compulsory labour.
The most common form was the carrying of heavy packs, weapons and supplies for Tatmadaw patrols, referred to as “portering”, with the victims usually being males. Both men and women have also been forced to work in Tatmadaw compounds, with men usually constructing infrastructure and women washing, cleaning and cooking. Other forced labour related to road construction, breaking and carrying rocks, cutting firewood, clearing forests, and working in paddy fields.
414. Victims told the Mission of the typical experience. Tatmadaw soldiers would arrive in a village or where villagers were gathered, including fields while farming922 or when returning from work,923 and order villagers to join them without warning or consultation.
Soldiers would often physically grab people as they passed through the village,924 or take them from their homes.925 In such instances, the selected villagers were often unable to inform their families. They were given no information on the work they were supposed to do and had to embark immediately on portering or other forms of work for days or weeks. One victim described his experience:
I used to go to the forest and collect firewood to sell. One day, I was on my way back with other villagers. Suddenly, some Tatmadaw soldiers appeared and grabbed us.
They beat us and said that we had to go with them for portering. We had to go with them straight away. We were then portering in the high hills for eight days.926 415. Alternatively, the Tatmadaw would gather labourers by telling the head of the village to provide a number of persons.927 One victim, who lived in a village next to a Tatmadaw base, reported that announcements were made indicating the number required on a particular day.928
416. Most victims had to participate in forced or compulsory labour on multiple occasions.
For some, it was once a week, for others it could be once a month, or two to three times a year.929 It appears that proximity to a Tatmadaw base may have affected the frequency. While there was little scope to avoid forced or compulsory labour, there are instances where
918 For legal framework, see chapter IV, section A.7: Forced labour and forced recruitment of adults and children.
919 CI-053, CI-055, CI-056, CI-057, CI-058, CI-060, CI-153, CI-154, CI-158, CI-159, DI-014, DI-015, DI-016, DI-017, DI-018, DI-019, DI-028, DI-029, DI-032, DI-033, DI-036, DI-039, DI-041, DI-043, DI-044, DI-045, QI-072, QI-074, QI-075.
920 The Mission documented cases in the following townships in Rakhine State: Buthidaung, Kyaukpyu, Kyauktaw, Mrauk-U, Maungdaw, Minbya, Pauktaw, Ponnagoyun, Ramree, Rathedaung and Sittwe.
921 DI-017, DI-029, QI-075.
922 CI-055, DI-019.
923 QI-074.
924 CI-053, CI-058, CI-060, CI-153, CI-154, CI-158, DI-018, DI-028, DI-043.
925 CI-056, DI-015, DI-017, DI-032, DI-036, DI-041, DI-044, DI-045.
926 QI-074.
927 CI-056, CI-057, QI-074.
928 QI-072.
929 CI-056, DI-015, DI-016, DI-032, DI-033, DI-036, QI-072, QI-074, QI-075.
villagers paid the Tatmadaw as an alternative.930 In some situations, one person from each household in the village had to go for forced labour, whenever the order came. Victims of forced labour were often required to report on a regular basis. They frequently had to sleep in the Tatmadaw camp until the tasks were completed and they were permitted to return home. Victims were fearful of further forced labour. When the Tatmadaw arrived in the village, the youth would often flee to hide. No payment or compensation was received for the labour.931
417. The duration of forced or compulsory labour has varied, lasting from a few hours to days, weeks or months.932 Porters could be forced to travel significant distances on foot, carrying heavy loads between towns or to other states, for up to ten days. 933 One villager described how he had to carry a grenade launcher for eight days.934 In most cases, the porters were not given any information about the journey, simply ordered to follow the troops.
418. Forced labour was also imposed in the context of the conflict between the Tatmadaw and the Arakan Army,935 exposing porters to significant dangers. In some instances, porters were taken to conflict areas and exposed to combat or the risk of combat.936 One victim described how another porter was badly injured by an anti-personnel mine and had his leg amputated and bandaged without medicine.937 Porters were also used as minesweepers, with soldiers sending porters ahead of them.938 One victim stated:
I was taken as a porter when working in a field. A large group of soldiers came and told me to follow them. When I refused, they kicked me and punched me in the face. A soldier pointed his gun in my back and said I would be killed if I did not follow. So, I followed and carried their rations. They made me and others walk at the front, carrying heavy bags. We travelled for three days and then there was shooting between the Arakan Army and the soldiers. The fighting lasted about one hour. I managed to hide in the forest, but three soldiers and other porters were killed.939
419. Forced labourers received overt verbal threats, including death threats to themselves or family members, insults and derogatory references to their ethnicity. Ethnic Rakhine who tried to avoid forced labour, because of sickness or other compelling reasons, were subjected to beatings with sticks,940 or kicking and punching.941 Additionally, fines were imposed and they faced the threat of arrest.942 Forced labourers were frequently subjected to ill-treatment.
Porters often had to walk long distances over many hours, carrying heavy loads and with little or no rest. They were only allowed to stop when instructed. When porters slowed down or were unable to carry the heavy loads, they were beaten with sticks or guns,943 slapped or kicked.944 One victim stated:
I was subjected to forced labour since I was 20 years old. I had to break stones. It happened irregularly, but it could last for about one week and sometimes three weeks.
About 50 male villagers were taken each time. If we worked slowly, we were beaten.
After nearly 10 years, I tried to refuse but the soldiers threatened to arrest me. When
930 QI-075.
931 CI-057, CI-154, CI-158, DI-015, DI-041, QI-072, QI-075.
932 DI-039, DI-045, QI-075.
933 CI-055, DI-017, DI-019, DI-039, DI-043, QI-074.
934 QI-074.
935 The Mission is aware of allegations of abuses committed by the Arakan Army, as well as allegations of violations perpetrated by the Tatmadaw in this context, both of which warrant further investigation.
CI-159, DI-019, DI-043, QI-074, QI-075.
936 DI-019.
937 QI-074.
938 DI-019, DI-043.
939 DI-019.
940 DI-018, DI-032, DI-043, QI-072, QI-075.
941 CI-053, DI-017, DI-019, DI-045.
942 DI-032.
943 CI-056, CI-062, CI-153, CI-154, DI-017, DI-032, DI-043.
944 CI-053, CI-056, CI-062.
I refused again I was beaten with wooden sticks. My eyebrow was broken; I was bleeding.945
420. During patrols, porters were given minimal food and water, while the soldiers had two or three meals a day.946 One victim said that he only received food three times over an eight- day period.947 Porters were forced to sleep on the ground in the open air or forest, while soldiers had sleeping mats and blankets.948 The experience of forced labour and the associated ill-treatment had negative health consequences, some serious.949
421. Women were particularly vulnerable while serving in Tatmadaw camps, as they were also subjected to rape950 and other forms of sexual violence. Some women were kept in the camp after completion of their service, and then raped by the Tatmadaw, including at captain rank.951
422. Children were not spared.952 Like adults, children were subjected to portering, including the ill-treatment that often accompanies it (beaten953 or hit with a rock954). One victim explained he still had the scars of injuries inflicted during the beatings while he was a child.955 Another explained how she had been taken from the age of 13.956 Tatmadaw soldiers would visit her village frequently, forcing one person from each household into forced labour.
They would often take her father, but have also taken her mother or one of the four children.
When they came, soldiers would just point at whomever they wanted. The witness recalled that she was taken to a Tatmadaw camp a three-hour walk away, where she was forced to break and carry stones. Sometimes she was taken for one week, sometimes for one month.
At night, she slept in the forest. If she and other victims got tired, or tried to rest, the soldiers would abuse them verbally, threaten or beat them. She was beaten on five occasions.
423. Some of the victims tried to escape. Despite the fact that porters were guarded by troops,957 some managed to flee.958 Attempts to escape were dangerous, with porters being shot at:959
I did not try to escape. We would be shot. One person from a different village tried to escape and he was shot. I saw this with my own eyes.960
424. Those who managed to escape lived in fear of being caught.961 Victims felt compelled to hide, leave their homes, and ultimately flee the country. Forced labour had a significant impact on victims’ economic conditions.962 The majority of the victims already lived in economically deprived rural areas, with most living on a subsistence basis. While undertaking forced labour, persons were unable to earn a living for themselves or their families. The economic consequences were also a reason given for leaving Myanmar.963
945 DI-032.
946 DI-019, DI-032, QI-074.
947 DI-019, QI-074.
948 DI-032, QI-075.
949 DI-017, QI-075.
950 DI-014, DI-016, DI-017, DI-036, DI-041, DI-044, QI-072, QI-073, QI-074, QI-075.
951 QI-072.
952 DI-015, DI-016, DI-017, DI-029, DI-042, QI-072, QI-075.
953 DI-015, DI-017.
954 DI-042.
955 DI-015.
956 DI-017.
957 CI-153, DI-016, DI-028.
958 CI-053, CI-153, QI-074.
959 CI-153, DI-028.
960 DI-028.
961 CI-053, CI-056, CI-153, DI-032, QI-072, QI-074, QI-75.
962 DI-015, DI-030, DI-039, DI-055.
963 DI-032.
2. Forced evictions