Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English from Rakhine, Shan and Kachin States. It also interviewed members of non-State armed groups. 20. In cases of sexual and gender-based violence, where a second independent source of information was often unavailable, the Mission considered the case or incident corroborated when it obtained one first-hand account which it assessed as credible and as consistent with what was known about the incident or the established patterns of similar incidents in the area, and in line with the interviewer’s own observations. This methodology, as well the entire methodology of this report, is consistent with the Mission’s previous working methods, outlined in additional detail in its 2018 report.9 21. To collect information, the Mission travelled to refugee camps in Bangladesh, and to Thailand and Malaysia. The Mission also held consultations and meetings with other stakeholders, including intergovernmental organizations, non-governmental organizations, humanitarian actors, think-tanks and academic institutions. The Mission further received written submissions and relied on credible open source information. Due to the Government of Myanmar’s unwillingness to permit the Mission to conduct visits on its territory or respond to its requests for information, the Mission was unable to interview civilian government officials or members of its military forces. 22. The Mission was particularly mindful of the “do no harm principle”, taking measures to ensure that it did not re-interview victims or survivors previously met by the Mission and other stakeholders. The Mission thus considered information from other reliable stakeholders to complement its own. In the same vein, the Mission strictly avoided interviewing children unless it could do so under conditions that it deemed safe and appropriate. Mindful of the specific needs of survivors of sexual and gender-based violence, the Mission referred them, as appropriate, to specialized services throughout its investigation.10 23. The Mission notes that sexual and gender-based violence is often underreported in Myanmar for reasons explained further in this report. The findings contained in this report likely underrepresent the severity of conflict and crisis-related sexual and gender-based violence. 24. The Mission expresses its deep gratitude to all persons who agreed to be interviewed and for the invaluable support it received from a number of non-governmental organizations. The Mission reminds the Myanmar authorities and others of the obligation to ensure the safety and security of those who cooperated with the Mission.11 C. Legal framework 25. Sexual and gender-based violence is violence directed towards, or disproportionately affecting, someone because of their gender or sex.12 In addition to women, men and children, this report includes information about sexual and gender-based violence against transgender people, which the Office of the High Commissioner for Human Rights has defined as an “umbrella term for people with a wide range of gender identities and expressions who do not identify with the sex they were assigned at birth.”13 International human rights law 26. International human rights law prohibits sexual and gender-based violence in all its forms. Sexual and gender-based violence should be broadly defined to include acts or 9 10 11 12 13 6 A/HRC/39/CRP.2, para. 8-32. S/RES/2467 (2019), para. 8. See HRC resolution 12/2 on “Cooperation with the United Nations, its representatives and mechanisms in the field of human rights”. OHCHR, Integrating a Gender Perspective into Human Rights Investigations: Guidance and Practice, 2018, page. 7, https://www.ohchr.org/Documents/Publications/IntegratingGenderPerspective_EN.pdf OHCHR, Integrating a Gender Perspective into Human Rights Investigations: Guidance and Practice, 2018, page. 8, https://www.ohchr.org/Documents/Publications/IntegratingGenderPerspective_EN.pdf

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