Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English There were serious concerns about the investigation methods. 546 The police detained and tortured or ill-treated two villagers accused of the rape and killing of the teachers,547 while ignoring evidence against troops of the LIB 503 who were stationed in the village at the time of the incident.548 The Tatmadaw threatened legal action against the families of the victims who initiated the investigation. XII. Conclusion and recommendations 253. The widespread sexual and gender-based violence against members of Myanmar’s ethnic minorities, especially women and girls, is the most extreme expression of gender related injustice inflicted on them. 254. 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, the Mission reaffirms its conclusion that rape and other forms of sexual and gender-based violence constitute gross violations of international human rights law in Rakhine, Kachin and Shan States. These violations include arbitrary deprivation of life, rape, torture and other inhuman, cruel or degrading treatment or punishment, arbitrary and unlawful detention, forced labour and sexual slavery. The Mission also concludes on reasonable grounds that the Myanmar Government’s failure to cease, prevent and take action against sexual and gender-based violence represents a grave failure to ensure respect and protection for human rights under international law. This sexual violence was used against women, men, girls, boys and transgender persons. 255. Many of these acts also amounted to violations of international humanitarian law when they took place in connection with an armed conflict. This report also reaffirms the Mission’s conclusion that acts of sexual and gender-based violence constituted crimes against humanity, war crimes and underlying acts of genocide accompanied by inferences of genocidal intent. 549 Notably, the Mission’s consolidation of its materials has led it to conclude on reasonable grounds that the sexual violence perpetrated against Rohingya women and girls in Rakhine state on and after 25 August 2017 was an indicator of the Tatmadaw’s genocidal intent to destroy the Rohingya people in whole or in part. The Mission also concludes that the Government has failed, and continues to fail, in its obligation to hold perpetrators for sexual violence accountable, and that the Government bears continuing State responsibility under the Genocide Convention for its failure to investigate and punish acts of genocide. 256. The Mission is deeply concerned about sexual violence and gender-based violence by EAO fighters and the EAOs’ lack of proper accountability processes for addressing this violence. This requires further investigation. 257. The Mission has found that the Government of Myanmar lacks the political will to address the pervasive impunity of the security forces for sexual and gender-based violence committed against ethnic minorities. This lack of decisive action is evidence of tacit approval and acceptance of such conduct. Instead of investigations, the policy of the Government now appears to be the destruction of evidence of the crimes committed,550 making future accountability more difficult. 258. Impunity for atrocity crimes and other gross violations of human rights and serious violations of international humanitarian law has legitimised domestically the Tatmadaw’s brutal, oppressive and discriminatory conduct. It has enabled recurrence 546 547 548 549 550 58 PI-037. PI-139, PI-140. PI-168, PI-169, PI-170. A/HRC/39/CRP.2 paras 1511, 1516, 1441. LI-224, https://www.aljazeera.com/news/southasia/2019/07/satellite-images-show-ongoingdestruction-rohingya-settlements-190724111501684.html