Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English
(iii)
The 2012 violence
90.
Similar to the 2016 “clearance operations” being a precursor for the sexual violence
that marked the 2017 operations against Rohingya, the 2012 violence foreshadowed what
was to come in 2016. On 28 May 2012, Ma Thida Htwe, a 27 year-old Buddhist woman
was killed in the Kyauk Ni Maw village tract, Ramree Township, in the south of Rakhine
State. On 5 June 2012, the newspaper Global New Light of Myanmar reported the case as
murder and rape. It published the names of the three suspects and described them as
“Bengali/Islam”. The three accused were subsequently prosecuted and sentenced to death.
In the following days and weeks, the rape allegation, more than the murder, was used to
incite violence and hatred against the Rohingya.198
91.
The Mission found that the ensuing violence was in large part triggered by a
growing level of hate speech against the Rohingya community in Rakhine. Three waves of
violence occurred: from 8 June to August 2012, in October 2012 and again in 2013. The
perpetrators of the violence were mainly members of ethnic Rakhine communities who
acted with either the direct participation or the acquiescence of the security forces. 199
92.
In addition to killings, arson attacks and arbitrary arrests of Rohingya on a massive
scale, sexual and gender-based violence was also committed against women and girls. 200
The Mission received credible reports that up to 20 girls were abducted in June 2012 from
the Narzi quarter in Sittwe and subjected to sexual slavery by soldiers.201
93.
The Mission corroborated a case of a rape and subsequent killing of a 16 year-old
girl by security forces on 8 June 2012, in Ka Nyin Tan (a) Myo Ma Ka Nyin Tan,
Maungdaw Township. A witness saw security forces surrounding the house of the girl. Four
people entered the house, brought her outside the house, took off her clothes and raped her.
They pulled her legs and arms and then they killed her by gunshot. They had aluminium
and wooden sticks, long knives and short pistols.202
94.
Following the 2012 violence, Rohingya in Rakhine State started being identified as
“violent extremists” and “terrorists” and practising “violent Islam”, fuelling fear and deep
resentment.203 The statements of government officials, politicians, religious authorities and
military commanders, as well as of direct perpetrators, prior, during and after the violence,
revealed an exclusionary vision, with perpetrators using expressions such as “go away”,
“you don’t belong here”, “you are Bengali”, “we will kill you all”. 204 The Government
failed to condemn any of the sexual violence or the hate speech demonizing the Rohingya.
(iv)
Conclusions and legal findings
95.
In its 2018 report, the Mission concluded on reasonable grounds that sexual and
gender-based violence against Rohingya constituted, among other violations and crimes
under international law, torture, war crimes, underlying acts of crimes against humanity and
underlying acts of genocide.205 In that report, the Mission also assessed this sexual and
gender-based violence as part of three of five factors that inferred the Tatmadaw’s
genocidal intent to destroy the Rohingya people as such. 206 The first factor was the
utterances of Myanmar officials and others. One member of the Tatmadaw said to a gang
198
199
200
201
202
203
204
205
206
A/HRC/39/CRP.2.Para. 625.
A/HRC/39/CRP.2.Para. 645.
A/HRC/39/CRP.2.Para.s 662-668.
K-076.19
DI-038.
BI-001, BI-006, CI-147, EI-017, LI-006; LI-041, LI-048, LI-059, LI-077, LI-099, LI-114, QI-038,
QI-040, QI-041, QI-059, QI-064, QI-111, WI-010, YI-005, YI-030.
LI-006; LI-041, LI-048, LI-059, LI-099, QI-038, QI-041, QI-059, QI-064, QI-111, YI-030, WI-010,
A/HRC/39/CRP.2.Para.s, 1327-1331.
A/HRC/39/CRP.2, para. 438-441
The five indicators were rhetoric of hatred and contempt for the Rohingya, the utterances of
governmental officials and others prior, during, and after the violence, the existence of discriminatory
plans and policies, evidence of an organized plan of destruction, and the extreme brutality of the
violence. A/HRC/39/CRP.2, para. 14219-1433.
23
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