Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English
I. Executive summary
1.
In its report to the Human Rights Council in September 2018 1 (hereinafter “the 2018
Report”), the Independent International Fact-Finding Mission on Myanmar (hereinafter
“The Mission”) concluded that “rape and other sexual violence have been a particularly
egregious and recurrent feature of the targeting of the civilian population in Rakhine,
Kachin and Shan States since 2011”.
2.
The Mission found that sexual and gender-based violence was a hallmark of the
Tatmadaw’s operations in northern Myanmar and in Rakhine. These violations, for most
part perpetrated against ethnic women and girls, were used with the intent to intimidate,
terrorise and punish the civilian population and as a tactic of war. The Tatmadaw was
overwhelmingly the main perpetrator.
3.
Two years after the “clearance operations” against the Rohingya population in
Rakhine, and one year since the publication of the Mission’s findings, accountability for
these egregious acts remains elusive. The Mission felt compelled to issue this thematic
report, further exposing these grave violations that the Mission considers amount to war
crimes, crimes against humanity and acts of genocide.
4.
In examining the situation of sexual and gender-based violence in Myanmar, the
Mission also reviewed the situation of gender inequality in Myanmar more broadly. It
found a direct nexus between the lack of gender equality more generally within the country
and within ethnic communities, and the prevalence of sexual and gender-based violence.
Impunity for gender-based violence in Myanmar is exacerbated by underlying gender
inequality. Ethnic women and girls are doubly victimised: as women and girls and as
members of ethnic minority communities.
5.
In its 2018 report, the Mission found that men and boys have also been victims of
sexual and gender-based violence by security forces. On 23 April 2019, in its resolution
2467, the Security Council recognized that sexual and gender-based violence also targets
men and boys in armed conflict and post-conflict settings, as well as in the context of
detention settings, and in the context of those associated with armed groups. Violent
conflict impacts men, women, boys, girls and those with diverse gender identities
differently. While there is an increasing awareness of the importance of gender in efforts to
build sustainable peace, much of the focus has been on women and girls. The experiences
of men and boys have not been understood well. Against this background, the Mission
conducted further investigations into the situation of sexual and gender-based violence
against men and boys in the context of Myanmar’s ethnic conflicts and found that they have
been subjected to sexual and gender-based violence, especially in the context of detention
settings. The physical and psychological consequences are severe and far-reaching,
exacerbated by the stigma attached to male rape.
6.
The Mission also gathered information about the situation of people from the
transgender community, in particular transgender Rohingya. It found that transgender
women have suffered sexual and gender-based violence, including rape by the Tatmadaw
and Border Guard Police.
7.
Rohingya women, men and boys have also been traumatised through the forced
witnessing of sexual and gender-based violence inflicted on their relatives and community
members, with severe long-term mental effects.
8.
The Mission found that sexual and gender-based violence is also perpetrated by
ethnic armed organizations (EAOs) in northern Myanmar, although to a significantly lesser
extent than that perpetrated by the Tatmadaw. The Mission gathered information about rape
and sexual violence, including sexual harassment of women and girls by EAOs.
Accountability for these crimes is also inadequate in most cases, as EAOs rely on their
1
A/HRC/39/64 and A/HRC/39/CRP.2.
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