Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English dangerous work conditions38 violate the right to health. Myanmar signed the Covenant on 16 July 2015, at which point it accrued an obligation to “refrain from acts which would defeat the object and purpose” of the Covenant, unless it has made its intention clear not to become a party to the treaty.39 31. Despite its obligations as a State Party to numerous international human rights treaties, Myanmar has only partially incorporated the content of these instruments into domestic law. The Constitution of Myanmar does not contain a provision concerning the applicability of international treaties in domestic law, including CEDAW. 40 The CEDAW Committee has raised concerns about the absence of an effective constitutional guarantee of substantive equality and it has noted that the definition of discrimination is not in accordance with the definition of discrimination contained in article 1 of the Convention. 41 32. A limited number of legal protections from sexual and gender-based violence exist in Myanmar domestic law. For example, the Constitution prohibits trafficking and enslavement.42 The Penal Code, enacted in 1861, prohibits rape and other forms of sexual assault, though the definition of rape is legally vague and does not meet international standards.43 For example, Myanmar has not criminalised male rape or rape in marriage.44 33. Penal Code provisions criminalising “kidnapping, abduction, slavery and forced labour” are piecemeal.45 For example, the prohibition of the importation of women for the purposes of sexual exploitation is only applicable if the woman is under the age of 21.46 34. The Government is taking steps towards addressing some legal protection gaps regarding sexual and gender-based violence against women, in introducing a draft Prevention and Protection of Violence against Women Law (PoVAW). This law has been in development since 201347 and is currently before Parliament for consideration. However, it is unclear to what extent its draft provisions will address the legal deficiencies in Myanmar’s domestic law. There is no information about the scope of the criminal offences covered and the protection and support provided to victims and witnesses of sexual violence, including conflict-related sexual violence; and whether it allows for security forces to be investigated and prosecuted for conflict-related sexual violence and, if so, under which jurisdiction.48 35. On 24 July 2019, a new Child Rights Law was enacted, which prohibits all forms of violence against children. Importantly, it recognises that children affected by armed conflict need special protection by criminalising grave violations against children and providing 38 39 40 41 42 43 44 45 46 47 48 free from interference, such as the right to be free from torture, non-consensual medical treatment and experimentation. ICESCR, art. 7. Vienna Convention on the Law of Treaties, Article 18. Myanmar acceded to the Vienna Convention on the Law of Treaties on 16 September 1998. https://treaties.un.org/Pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XXIII1&chapter=23&Temp=mtdsg3&clang=_en. Concluding observations of the Committee on the Elimination of Discrimination against Women, 7 November 2008, CEDAW/C/MMR/CO/3, para.8 Concluding observations of the Committee on the Elimination of Discrimination against Women, 7 November 2008, CEDAW/C/MMR/CO/3, para. 9 Constitution of Myanmar, s. 358. Penal Code of Myanmar, s. 375 and 376; United Nations Committee on the Elimination of Discrimination against Women, Concluding observations on Myanmar, CEDAW/C/MMR/EP/CO/1, 8 March 2019, paras. 15-16. Penal Code of Myanmar, s. 375 refers to the crime of rape being intercourse between a man and a woman, without the consent of the woman and exception to rape is sexual intercourse by a man with his own wife. Penal Code of Myanmar, s. 359-377. Penal Code of Myanmar, s. 366B. The Irrawaddy, “New Law to Protect Women, Girls Against Violence “(17 October 2017). ; Women League of Burma (WLB), Procedural and substantive suggestions to the proposed Prevention and Protection of Violence against Women Law (February 2019). CEDAW/C/MMR/EP/CO/1, para. 17. 9