Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English of these violations, by emboldening perpetrators and silencing victims. It has undermined the legitimacy of the State and exacerbated ethnic and religious divisions. It has prevented Myanmar’s development as a modern democratic State. 259. Accountability is the key to build the population’s trust in the State and in its capacity to ensure a secure and equitable society in which all people can prosper. As stated in the preamble of the United Nations Principles to Combat Impunity, “there can be no just and lasting reconciliation unless the need for justice is effectively satisfied”.551 260. The Mission reiterates its recommendations from previous reports and makes the following additional recommendations.552 1. The Government of Myanmar should: 261. Promptly investigate and prosecute Tatmadaw and other security personnel, including senior officials in the Tatmadaw’s chain of command, for sexual and gender-based violence, including as serious crimes under international law, such as crimes against humanity, war crimes and genocide. 262. Ensure that the Tatmadaw’s Commander-in-Chief of the military issues military orders expressly prohibiting rape and all forms of sexual violence. 263. Ensure that reports of alleged sexual and gender-based violence by the Tatmadaw, and other security personnel, results in credible investigations, fair trials and appropriate sanctions, such as imprisonment and dismissal. 264. Undertake the necessary legislative reform to protect people of all genders, including children of all ethnic groups, including Rohingya, from sexual and genderbased violence, including by: (a) amending the Constitution to remove provisions that grant government officials, including military and security personnel, immunity from prosecution for human rights violations and to establish civilian jurisdiction over human rights violations, including by military and security personnel; (b) amending the Penal Code of 1861 to adopt a definition of violence against women, including rape and other forms of sexual and gender-based violence, in accordance with the Convention on the Elimination of Discrimination against Women and international standards; (c) amending the Penal Code of 1861 to criminalise sexual and gender-based violence against men and criminalise male rape; (d) ensuring civilian courts have jurisdiction over the military for sexual and gender-based violence against women, men and children; (e) enacting promptly the Prevention and Protection of Violence against Women Law (PoVAW) and ensuring that it fully complies with international standards, covers conflict-related sexual violence, provides adequate protection and support to victims and witnesses of sexual violence, and establishes civilian jurisdiction over these crimes, including when perpetrated by military or other security personnel; 551 552 Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity (E/CN.4/2005/102/Add.1), hereafter “Principles to Combat Impunity”. Many of the recommendations are reproduced from the Mission’s 2018 report. They also include similar recommendations from Myanmar’s recent review by CEDAW. See United Nations Committee on the Elimination of Discrimination against Women, Concluding observations on Myanmar, CEDAW/C/MMR/EP/CO/1, 8 March 2019. 59