Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English based violence committed by AA members against ethnic Rakhine or Chin civilians. There is said to be an internal rule strictly prohibiting and punishing sexual and gender-based violence against civilians.450 Sexual and gender-based violence perpetrated by EAOs 204. One incident of EAO sexual violence involved the rape of a Ta’ang headmistress by several TNLA members at her home in Kyaukme Township, Shan State in October 2017. Following the victim’s report to local authorities, the TNLA held traditional proceedings in the forest under their internal justice system to address the rape. The victim was invited, but chose not to attend. As a result of these proceedings, the TNLA negotiated for the perpetrators to pay compensation to the victim, and brought two armed men to kneel and apologize to her.451 In the Mission’s view the perpetrators were not adequately sanctioned and their apology was not perceived as deterrence against committing violence and other abuse against women.452 205. The Mission received unverified reports of KIA men being tried by the KIA’s internal justice system for raping women in Kachin State. 453 It also received unverified information regarding a case where a KIA commander summarily executed a KIA member for gang rape following a complaint by the survivor’s parents. He was reportedly shot on the spot when the survivor identified him as the first man who had raped her. The other rapist was excused as the survivor “had already been raped when the second KIA member penetrated her”, according to the KIA commander.454 206. EAOs face challenges when addressing sexual and gender-based violence. The Mission was informed that some EAO court systems contain written procedures, but may not have written laws, in which case they have applied Myanmar’s laws or, on an exceptional basis, international laws. There are no laws or guidelines regarding sentencing in KIO courts.455 When survivors decide to present their grievances before traditional community leaders, who are generally men, cases are commonly resolved by imposing “bunglat hka” or “blood money” to compensate the female victim for the harm committed and to restore peace in the community.456 207. The Mission was also informed that there are no female judges in EAO-run courts in northern Myanmar.457 However, the Mission was told that, when a rape case is brought before the KIO court, the Kachin Women’s Association (KWA) intervenes to defend the women’s rights and interests, advocating for the application of CEDAW and other UN resolutions pertaining to women’s protection.458 208. Some EAOs still use the death penalty.459 An expert told the Mission that the challenges associated with detention operations and justice systems left some EAOs carrying out summary executions to deliver justice.460 Conclusions and legal findings 209. The Mission received reliable but unconfirmed information regarding sexual and gender-based violence by EAOs in Kachin and Shan States. The Mission concludes on reasonable grounds, however, that sexual and gender-based violence by EAO soldiers has been less than that perpetrated by government security forces. Nor have EAO soldiers 450 451 452 453 454 455 456 457 458 459 460 48 LI-187. PI-110. PM-010. K-145. PM-010. 2160. PM-011, 2160. PM-011, 2160. PM-007, 2161. BM-017, PI-101, 2160, 2161. For example, in March 2016, the United Wa State Army (UWSA) reportedly executed two persons after they were convicted of murder by the Wa Special Administrative Zone’s court; K-143, V-305. PM-010.