Compilation of all recommendations made by the Independent International Fact-Finding Mission on Myanmar, to the
Government of Myanmar, armed organizations, the UN Security Council, Member States, UN agencies, the business
community and others in English
with the government’s commitments under the Extractive Industries Transparency Initiative
(A/HRC/42/CRP.3);
57.
Ensure no person or entity who has cooperated with the Mission is subject to
reprisals, intimidation or any other form of harassment. Take all appropriate steps to
prevent, investigate, punish and redress human rights violations through effective policies,
legislation, regulations and adjudication of business related activities and require businesses
to respect human rights, and periodically assess the adequacy of such laws and address any
gaps; perform due diligence and provide effective guidance to businesses on how to respect
human rights throughout their operations; and encourage and, where appropriate, require
businesses to communicate how they address their human rights impacts of their operations
(A/HRC/42/CRP.3).
Sexual and gender-based violence
58.
Cease the perpetration of sexual and gender-based violence by Myanmar security
forces against women, girls, men and boys, as well as the unlawful or arbitrary detention of
women and children, and release them; put in place and effectively enforce a zero-tolerance
policy on sexual and gender-based violence (A/HRC/39/CRP.2);
59.
Acknowledge the role of the Tatmadaw and other security forces in the perpetration
of gross human rights violations, including sexual and gender-based violence and grave
violations against children (A/HRC/39/CRP.2);
60.
Promptly investigate and prosecute Tatmadaw and other security personnel,
including senior officials in the Tatmadaw’s chain of command, for sexual and genderbased violence, including as serious crimes under international law, such as crimes against
humanity, war crimes and genocide (A/HRC/42/CRP.4);
61.
Ensure that the Tatmadaw’s Commander-in-Chief of the military issues military
orders expressly prohibiting rape and all forms of sexual violence (A/HRC/42/CRP.4);
62.
Ensure that reports of alleged sexual and gender-based violence by the Tatmadaw,
and other security personnel, results in credible investigations, fair trials and appropriate
sanctions, such as imprisonment and dismissal (A/HRC/42/CRP.4);
63.
Undertake the necessary legislative reform to protect people of all genders,
including children of all ethnic groups, including Rohingya, from sexual and gender-based
violence, including by (A/HRC/42/CRP.4):
(a)
amending the Constitution to remove provisions that grant government
officials, including military and security personnel, immunity from prosecution for human
rights violations and to establish civilian jurisdiction over human rights violations,
including by military and security personnel;
(b)
amending the Penal Code of 1861 to adopt a definition of violence against
women, including rape and other forms of sexual and gender-based violence, in accordance
with the Convention on the Elimination of Discrimination against Women and international
standards;
(c)
amending the Penal Code of 1861 to criminalise sexual and gender-based
violence against men and criminalise male rape;
(d)
ensuring civilian courts have jurisdiction over the military for sexual and
gender-based violence against women, men and children;
(e)
enacting promptly the Prevention and Protection of Violence against Women
Law (PoVAW) and ensuring that it fully complies with international standards, covers
conflict-related sexual violence, provides adequate protection and support to victims and
witnesses of sexual violence, and establishes civilian jurisdiction over these crimes,
including when perpetrated by military or other security personnel;
(f)
effectively criminalize in domestic law serious crimes under international
law, including genocide, crimes against humanity and war crimes, such as conflict–related
sexual violence, with civilian jurisdiction over these crimes;
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents