Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English 226. In some cases reported to the Mission, the survivor, often accompanied by the male village administrator, lodged a complaint at the Tatmadaw base to which the perpetrators belonged. In most of those cases, the Tatmadaw failed to investigate or punish the perpetrator.493 However, because of the complaint, the entire community was made aware of the incident. In some cases, the survivors go to women’s organizations that can provide needed services more appropriately. 227. The consequences of the conflict for women and girls are particularly severe, especially for those displaced and for those who lost a spouse or father in the violence. 494 Many face dire economic situations having lost the main breadwinners in their families and are once again vulnerable to sexual and gender-based violence. A woman told the Mission that Tatmadaw soldiers killed her husband in Mogaung Township, Kachin State in 2017. “It has been very difficult since he died. When he was alive he managed everything for the family, and also the finances. He earned and provided, and we survived. Now it is difficult for me to take care of my children. My youngest child asks ‘where is daddy’, and ‘can we call daddy or talk to daddy’. In those moments, I feel sad and do not know how to respond. I tell them that daddy is in heaven. But one of my children is very young, and asks if we can call daddy in heaven.”495 228. A woman whose husband was detained by the Tatmadaw in Kachin State in 2014, never to be seen again, explained: “I became the head of the household. My children lost their father, and I had to find income to maintain my children and my aging parents. I had to start selling vegetables and to travel from one village to another. That is where Tatmadaw soldiers raped me in February 2018. Ever since my husband was taken away by the Tatmadaw, we have been struggling for survival. I decided to leave my children in Kachin State with my elderly parents so I can work abroad and ensure they stay alive.”496 XI. Impunity and accountability “While there have been alleged cases and accusations against members of the security forces, there has been no evidence and sufficient grounds to convict anyone. Actions cannot be based on narratives and rumours of unreliable sources.” Government of Myanmar submission to the Committee on the Elimination of Discrimination against Women under the exceptional reporting procedure, 7 February 2019 A. Context “We want justice. We had to leave behind everything when we were raped.” 497 229. Human rights violations of the most egregious nature have been committed in Myanmar. The Government of Myanmar has a duty to investigate, prosecute and punish perpetrators of sexual and gender-based violence, in particular where they amount to crimes under international law.498 Investigations into allegations of violations and crimes must be 493 494 495 496 497 498 52 PI-144, PI-166, PI-173. GI-036, PI-070, PI-073, PI-074. GI-036. PI-069. EI-090. E.g. A/HRC/27/56, para. 27. See also e.g. Genocide Convention, art. 1; U.N. Human Rights Committee, General Comment No. 31 (CCPR/C/21/Rev.1/Add.13); J.M. Henckaerts and L. DoswaldBeck, “Customary International Humanitarian Law. Volume I: Rules” (Cambridge, ICRC/Cambridge University Press, 2005), rules 150, 158 (hereinafter “ICRC/Customary IHL”); Basic Principles and Guidelines on the Right to a Remedy and Reparation (principles 1-5); and the Principles to Combat Impunity. Under the Convention on the Elimination of Discrimination against Women, to which

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