Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English VI. Sexual and gender-based violence against men and boys A. Context 149. In its 2018 report, the Mission called for further investigations into sexual violence against men and boys after it found that there were credible reports of a prevalence of sexual violence against men and boys during the Rohingya “clearance operations” and in detention settings.327 The sexual violence that men and boys were subjected to included rape,328 genital mutilation329 and sexual torture, sometimes leading to death.330 150. On 23 April 2019, in its resolution 2467, the Security Council recognized that sexual and gender-based violence also targets men and boys in armed conflict and post-conflict settings, as well as in the context of detention and other contexts associated with armed groups.331 Violent conflict impacts men, women, boys, girls and those with diverse gender identities differently. While there is an increasing awareness of the importance of gender in efforts to build sustainable peace, much of the conversation has focused on women, and the experience of men and boys has not been understood well.332 Against this background, the Mission conducted further investigations into the situation of sexual and gender-based violence against men and boys in the context of Myanmar’s ethnic conflicts. 151. Sexual and gender-based violence has distinct dimensions in relation to transgender persons. A recent study on gender in Myanmar found that “currently, public awareness and understanding of diverse sexual orientations and gender identities (SOGI) are limited across Myanmar, with some increasing understanding in state capitals but very little in rural areas. Socio-cultural prejudices based on perceptions of diverse SOGI as punishment to be suffered for past sins or bad karma from a previous life. This drives high levels of social discrimination and pressure to conform to expectations and to heteronormative marriages.”333 152. Societal attitudes drive high levels of social discrimination and pressure to conform to expectations. In schools, teachers apply pressure on gender non-conforming boys, pointing out their mannerisms, forcing them to change their clothes, or to change their behaviour, leading many to drop out before completing high school. This affects their subsequent work opportunities and earning potential.334 153. The Constitution of Myanmar guarantees equality before the law and freedom from discrimination on the grounds of gender.335 However, there is no express legislation protecting transgender persons under Myanmar law. To the contrary, Article 377 of the Penal Code, which forbids “carnal intercourse against the order of nature”, is often used to persecute people from the LGBT community, according to activists. 336 In 2013, Aung San Suu Kyi, as leader of the political opposition and before becoming State Counsellor, called 327 328 329 330 331 332 333 334 335 336 36 A/HRC/39/CRP.2. paras. 188, 675-676920, 1276. For the period following the June 2012 violence, there are also credible and consistent reports of men and boys being subjected to sexual violence, including rape, sexualised torture and humiliation, either by authorities or in their presence. CI-136, DI-037, QI-107, QI-108. K-130, V-134. EI-092, EI-096, LI-022. EI-092, EI-096. S/RES/2467, (2019), para. 28, 29, 32 and 33. International Alert “Gender in Myanmar-a men’s issue?”(28 November 2018). Jana Naujoks and Myat Thandar Ko “Behind the masks: Masculinities, gender, peace and security in Myanmar” (November 2018) ,p.21. Jana Naujoks and Myat Thandar Ko “Behind the masks: Masculinities, gender, peace and security in Myanmar,” p.21. See also, International Alert “Gender in Myanmar-a men’s issue?”(28 November 2018) Constitution of Myanmar, s. 21 and 348. James Nickerson, “Myanmar’s abused, intimidated LGBT people long for acceptance in new era” (Reuters, 16 November, 2016.