Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English act with total impunity in perpetrating sexual and gender-based violence during the “clearance operations” that began on 25 August 2017. Had there been the political will, the legislative reforms and the judicial action necessary to hold security forces, in particular Tatmadaw soldiers, commanders and top generals, as well as ethnic Rakhine villagers, accountable after the 2012 and 2016 violence, there is a strong likelihood that the catastrophe of 2017 could have been averted or at least reduced. Two years later, no military commander has been held accountable for these and other crimes under international law. The Government notoriously denies responsibility. There have been no significant legislative reforms to strip the military of its impunity and end the structural and institutional discrimination against the Rohingya.217 The Mission therefore not only concludes that the Government failed in its obligation to hold perpetrators for sexual violence accountable, but it also concludes that the Government bears State responsibility under the Genocide Convention for its failure to investigate and punish acts of genocide and for its failure to enact necessary legislation to give effect to the Convention as required by Article V.218 B. Sexual and gender-based violence against ethnic Rakhine 100. The Rakhine people have long felt politically disenfranchised, economically marginalised and discriminated against due to their ethnicity. 219 In its 2018 report, the Mission found that ethnic Rakhine women and girls were subjected to rape and other forms of sexual violence by Tatmadaw forces, especially high ranking officers, between 2011 and up until the “clearance operations” against the Rohingya that began on 25 August 2017. 220 Incidents of sexual and gender-based violence have primarily taken place in the context of forced labour221 or in heavily militarized areas.222 Women taken for forced labour by the Tatmadaw were assigned feminized chores, such as cooking, cleaning or manual labour, and subjected to rape, gang rape or sexual assault.223 101. For example, a survivor from Kyauktaw Township told the Mission that she was beaten by soldiers and raped on several occasions by a Tatmadaw captain in 2016. The same source also reported that 20 to 30 women from her village were raped in similar circumstances.224 When she refused to return to the military camp, the interviewee’s husband was threatened by the Tatmadaw. She then fled Myanmar, fearing that soldiers would return and rape her again. She described the last occasion she was raped. “At the end of the day [working at the military camp] the “chief” told me to wait, together with about ten other women. He chose about four or five women, and we were taken away one by one. I initially refused to go, but two or three soldiers beat me. In the room I was raped by one soldier, while two others stood outside the closed door. He had three stars on his uniform.” 225 102. Rape and other forms of sexual violence against ethnic Rakhine also coincided with instances of land grabbing and extortion by the Tatmadaw in heavily militarized areas. 226 For example, a Rakhine woman reported that, when she was 17 years old, she had been 217 218 219 220 221 222 223 224 225 226 See Section on Accountability. Article V requires that parties to the Genocide Convention “undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.” Article III makes punishable (a) Genocide; (b) Conspiracy to commit genocide; (c) Direct and public incitement to commit genocide; (d) Attempt to commit genocide; and (e) Complicity in genocide. A/HRC/42/50, para. 41 DI-014, DI-036, DI-041, DI-044, QI-072, QI-073, QI-075 ; A/HRC/39/CRP.2, para. 438-443. DI-044, QI-072, QI-075. DI-014, DI-036, DI-041, QI-073. DI-044, QI-072, QI-075. QI-072. QI-072. DI-036, QI-073. 25