Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English 121. A Kachin woman told the Mission that in April 2018, during ground operations and house searches conducted by the Tatmadaw in Tanai Township, Tatmadaw soldiers forced her to undress in front of her family. The victim understood the forced nudity as being a rape threat perpetrated to obtain information from her family on KIA movements.272 She also reported that, after the battle with the KIA and house searches, the Tatmadaw conducted patrols around the perimeter of the village and raped at least four women and girls that were trying to flee the area.273 (iii) Rape and other forms of sexual violence in heavily militarized areas 122. The Mission received consistent credible accounts of Tatmadaw soldiers, either individually or in groups, raping women and girls and committing other forms of sexual violence in heavily militarized areas since 2011.274 The Tatmadaw’s military presence in Shan and Kachin is marked by its military bases, camps and check-points in and around villages, and Tatmadaw patrols in and around villages, often characterized by sporadic incursions into civilian areas. Mining areas, areas where large infrastructure projects are carried out, and areas neighbouring EAO-controlled territory are particularly militarized. Women who were raped in or near their homes, or following abductions to other locations, identified the Tatmadaw as the perpetrators because the perpetrators were wearing Tatmadaw insignia or military uniforms or because of the presence of military bases near their villages.275 The Mission assessed these claims against a pattern of similar cases of the Tatmadaw using sexual and gender-based violence in Kachin and Shan State.276 123. Rape and other forms of sexual violence perpetrated against women and girls in such militarized contexts are not directly related to military objectives. They are not widely condemned or punished by the Tatmadaw hierarchy, which are also contributing factors to their widespread nature. The following are illustrative of sexual violence perpetrated in highly militarized areas in northern Myanmar. 124. The Mission verified the rape and torture of an ethnic Ta’ang woman by two Tatmadaw soldiers on 10 May 2019 in Namhsan Township, Shan State. 277 Sources available to the Mission and media reports suggest that Tatmadaw soldiers from LIBs 258, 252 and 522, commanded by LID 101, were stationed in or around the village at the time of the rape.278 The incident took place in an area bordering TNLA-controlled territory where the Tatmadaw has been fighting since 2011279 and where clashes took place after the December 2018 unilateral ceasefire.280 The soldiers abducted the woman while she was farming alone on a tea plantation. They dragged her down the valley while asking her in the Myanmar language, which she barely understood, how many TNLA fighters were in the area.281 The two men ripped off some of her clothes and took turns raping her. 282 According to another source, the Tatmadaw said it would “take responsibility” if the gang rape resulted in a pregnancy.283 The woman lodged an official complaint before the Namsan police shortly after the incident, after which the police collected the survivor’s clothing as 272 273 274 275 276 277 278 279 280 281 282 283 30 GI-006. GI-006. PI-005, PI-037, PI-046, PI-057, PI-110, PI-117, PI-136, PI-141, PI-142, PI-144, PI-166, PI-169, PI170, ; see also Shan Human Rights Foundation (SHRF), Update by the Shan Human Rights Foundation (April 2016); SHRF, Update by the Shan Human Rights Foundation (November 2015); Ta’ang Women’s Organization, Trained to torture: Systematic war crimes by the Burmese Army in Ta'ang areas of Northern Shan State (March 2011-March 2016); Kachin Women's Association Thailand, State of Terror in Kachin Hills (February 2013). PI-003, PI-004, PI-005, PI-007, PI-067, PI-068, PI-069, PI-089, PI-134, PI-136, PI-142, PI-144, PI166, QI-082. A/HRC/39/CRP.2, paras. 188-219. PI-166, V-354, V-355, 2615. PI-166, V-354, V-355, 2615. PI-101. A/HRC/42/50, paras. 57-58. PI-166. PI-166, 2615. 2615.

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