A/74/342
principles relating to the status of national institutions for the promotion and
protection of human rights (Paris Principles), in particular that commissioners come
from diverse backgrounds, including civil society, and are selected in a transparent
process.
III. Development, business and human rights
A.
Hydropower and development in Chin and Rakhine States
8.
The Special Rapporteur has observed a pattern preceding the construction of
major hydropower projects, such as the Kengtawng dams on the Nam Teng River in
Shan State and the planned Hatgyi dam on the Salween River in Kayin State. Both
are near sites of brutal Tatmadaw campaigns conducted in the 1990s and 2000s that
caused a combined total of hundreds of thousands of people from ethnic minorities to
flee internally or to Thailand. Villages in both locations were burned, after which
military facilities were constructed. Villagers remain displaced as a result of the dams
and the associated militarization. There is insufficient information regarding these
and other hydropower projects made publicly available by the Governme nt and
developers. Given this lack of transparency, the Special Rapporteur questions the role
in hydropower development of the State-owned economic enterprise, Electric Power
Generation Enterprise, which is under the Ministry of Electricity and Energy, and
whether it has links to the military.
9.
With this in mind, the Special Rapporteur is extremely worried to have received
reports that surveying has been carried out in 2019 for two proposed dams on the
Lemro River located in the conflict-afflicted townships of Paletwa, Chin State and
Mrauk-U, Rakhine State. A feasibility study has reportedly been completed but not
made public, and the government of Chin is inviting international investors for the
swift development of the dam in the state. Villagers, howeve r, have been displaced
from the identified flood sites in recent months by the conflict between the Tatmadaw
and the Arakan Army. The Dai ethnic minority live along the Lemro River and their
entire culture and way of life are threatened by the project, whi ch they have opposed
since its inception. The Special Rapporteur has not yet received reports that public
consultations, in line with the environmental impact assessment procedure, have been
conducted.
10. As the Special Rapporteur has previously stated, the Government, having
ratified the International Covenant on Economic, Social and Cultural Rights, should
refrain from entering into investment treaties in which there is a conflict between its
obligations under those treaties and the Covenant. In addition, the home Governments
of international investors must recall that all States parties to the Covenant are
required to take the steps necessary to prevent human rights violations abroad by
business enterprises domiciled in their territory and/or jurisdictio n. The irresponsible
development of the Lemro River dams could undermine, for tens of thousands of
people, their rights to an adequate standard of living, work, take part in cultural life,
freely pursue economic, social and cultural development and adequat e housing on a
basis of non-discrimination.
11. The independent international fact-finding mission on Myanmar has found that
the Government is making a concerted effort to fundamentally alter the landscape of
northern Rakhine State in the name of development, following the alleged
international crimes committed against the Rohingya (A/HRC/42/CRP.3).
International financial institutions, development agencies and private investors must
seriously question whether implementing projects in Rakhine, and now Chin State, at
this time can be considered in line with their responsibility to respect human rights.
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