Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English quarters are less likely to be seen by others or identified as sexual slaves. The survivor’s observation of other sex slaves at the military base in the account above, along with accounts of senior officers being aware of sexual enslavement, suggests that sexual slavery may be tolerated generally and is not simply isolated incidents.322 (vii) Conclusions and legal findings 144. Based on the Mission’s investigations since the release of its 2018 report and the consolidation of all its materials on the Tatmadaw’s use of sexual and gender-based violence since 2011 in Kachin and Shan States, the Mission reaffirms its conclusion that rape and other forms of sexual and gender-based violence in the Tatmadaw’s ground operations, in heavily militarized areas and in forced labour constitute gross violations of international human rights law, including prohibitions against the arbitrary deprivation of life, torture and other inhuman, cruel or degrading treatment or punishment, arbitrary and unlawful detention, forced labour and sexual slavery. These included violations of Myanmar’s treaty obligations under the Convention on the Elimination on All Forms of Discrimination Against Women, for its use of sexual violence as a prohibited form of discrimination, under the Convention on the Rights of the Child, for its use of sexual violence against girls that amounted to sexual abuse, arbitrary deprivation of life, torture or other ill-treatment, and under the International Covenant on Economic, Social and Cultural Rights, for sexual and gender-based violence after January 2018 that constituted sexual slavery and was an assault on their living conditions and health, including sexual and reproductive health. Sexual violence since Myanmar signed the International Covenant on Economic, Social and Cultural Rights in July 2015 also constituted acts that defeated the Covenant’s object and purpose of respecting the right to adequate living conditions, health, and work. The Mission therefore concludes that the Government violated its obligation under the Vienna Convention on the Law of Treaties. 145. All of these acts also amounted to violations of international humanitarian law due to the fact that they took place in connection with an armed conflict. Additionally, many of the acts of sexual and gender-based violence amounted to rape, sexual violence, torture, cruel treatment, outrages upon personal dignity and sexual slavery and therefore must be investigated as war crimes. 146. This report also reaffirms that, collectively, these acts of sexual and gender-based violence were part of the widespread and systematic attack on a civilian population that constituted crimes against humanity. 147. In particular, this sexual and gender-based violence was part of a pattern of persecutory intent and derogatory behaviour characterised by explicit discrimination that targeted women and girls, manifested in insults, spitting and physical abuse. 323 148. Extreme physical violence, the openness in which it is conducted, and the confidence and general impunity the soldiers enjoy 324 that accompany the Tatmadaw’s use of sexual and gender-based violations reflect a widespread culture of tolerance towards humiliation and the deliberate infliction of severe physical and mental pain or suffering on civilians. For example, the Mission verified two cases of rape and attempted rape of 70 year-old ethnic women in Kachin and Shan States in or around their homes. 325 Typically, when victims of sexual violence are elderly women, the sexual assault is likely to be particularly brutal and largely motivated by anger and a need for power or control over a community.326 322 323 324 325 326 A/HRC/39/CRP.2, para. 213. PI-003, PI-004, PI-146. See Chapter XI: Impunity and accountability GI-002, GI-014, PI-136, PI-142. See for e.g. Lori E. Weeks , Judy Lynn Richards , Thomy Nilsson , Albert Kozma & Olive Bryanton, “A Gendered Analysis of the Abuse of Older Adults: Evidence from Professionals”, Journal of Elder Abuse & Neglect, (2005).. See also Susan J. Crichton, John B. Bond Jr., Carol D. H. Harvey & Janice Ristock“Elder Abuse: Feminist and Ageist Perspectives”, Journal of Elder Abuse & Neglect, (1999). 35