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
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