A/74/342 The Special Rapporteur is concerned about the proposed World Bank Rakhine recovery and development support project that is intended to fund, through the Government, employment and basic income-generating activities in Rakhine. An influx of aid and development before meaningful steps have been taken to address fundamental human rights issues risks further entrenching the discriminatory policies of and the ongoing segregation of Rohingya by the Government. The Special Rapporteur therefore welcomes the statement made by the World Bank in June, after issues had been raised by civil society, that the project would not be pursued if their due diligence revealed that conditions were such that the project could not be effective. The Special Rapporteur rejects the claim by the Government that development alone is the solution to the problems in Rakhine. Experience in other parts of Myanmar demonstrates that a failure to ensure the protection of human rights ahead of development will exacerbate the impact of conflict. B. Jade mining 12. On 22 April in Hpakant, Kachin State, more than 54 mine workers were reportedly killed by a mudslide that occurred owing to several co mpanies illegally dumping waste into a disused mine and to heavy rain. Some of those companies were operating without permits and have alleged links to military-aligned militias and ethnic armed organizations. The Ministry of Natural Resources and Environm ental Conservation responded by suspending mining in the vicinity of the collapse and announced that there would be a full moratorium on jade mining during the rainy season, from July to August. On 28 July, however, another deadly mudslide occurred, reportedly killing at least 17 people. These are not isolated incidents: such predictable and avoidable tragedies occur annually in Hpakant, where conditions pose a deadly threat, with the most economically disadvantaged – the formal and informal mine migrant workers and nearby communities – at greatest risk. 13. Gaps, inconsistencies and shortcomings in the legal and policy regulatory framework, combined with a lack of coordination at the Union Government and state government levels, and weak enforcement mean that the adverse environmental impact of jade mining in Hpakant is not being mitigated, and victims have few avenues for redress. Myanmar Gems Enterprise has indicated that an environmental management plan for the region, which addresses many of these failur es, cannot be implemented until at least 2021, when all the remaining licences have expired. 14. The Special Rapporteur believes it is too dangerous for the situation in Hpakant to continue. She urges the Government to demonstrate the political will neede d to address the complex crisis and consider declaring an environmental emergency under the Environmental Conservation Law and to suspend all mining indefinitely. She recommends that the Government build its understanding of the situation on the ground in Hpakant and of how environmental and human rights harm can be addressed by engaging broadly, in particular with local civil society groups and affected communities. The Government should then harmonize the regulatory framework on the basis of those consultations, improve the legislation to ensure that comprehensive and appropriate environmental protections are in place and ensure that sufficient resources are allocated to build the capacity of government departments tasked with enforcing regulations. C. Land rights 15. The Special Rapporteur is informed that progress in implementing the 2016 national land use policy has stalled. Its implementation is urgently needed in order to 19-14822 5/22

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