Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English
121. A Kachin woman told the Mission that in April 2018, during ground operations and
house searches conducted by the Tatmadaw in Tanai Township, Tatmadaw soldiers forced
her to undress in front of her family. The victim understood the forced nudity as being a
rape threat perpetrated to obtain information from her family on KIA movements.272 She
also reported that, after the battle with the KIA and house searches, the Tatmadaw
conducted patrols around the perimeter of the village and raped at least four women and
girls that were trying to flee the area.273
(iii)
Rape and other forms of sexual violence in heavily militarized areas
122. The Mission received consistent credible accounts of Tatmadaw soldiers, either
individually or in groups, raping women and girls and committing other forms of sexual
violence in heavily militarized areas since 2011.274 The Tatmadaw’s military presence in
Shan and Kachin is marked by its military bases, camps and check-points in and around
villages, and Tatmadaw patrols in and around villages, often characterized by sporadic
incursions into civilian areas. Mining areas, areas where large infrastructure projects are
carried out, and areas neighbouring EAO-controlled territory are particularly militarized.
Women who were raped in or near their homes, or following abductions to other locations,
identified the Tatmadaw as the perpetrators because the perpetrators were wearing
Tatmadaw insignia or military uniforms or because of the presence of military bases near
their villages.275 The Mission assessed these claims against a pattern of similar cases of the
Tatmadaw using sexual and gender-based violence in Kachin and Shan State.276
123. Rape and other forms of sexual violence perpetrated against women and girls in such
militarized contexts are not directly related to military objectives. They are not widely
condemned or punished by the Tatmadaw hierarchy, which are also contributing factors to
their widespread nature. The following are illustrative of sexual violence perpetrated in
highly militarized areas in northern Myanmar.
124. The Mission verified the rape and torture of an ethnic Ta’ang woman by two
Tatmadaw soldiers on 10 May 2019 in Namhsan Township, Shan State. 277 Sources
available to the Mission and media reports suggest that Tatmadaw soldiers from LIBs 258,
252 and 522, commanded by LID 101, were stationed in or around the village at the time of
the rape.278 The incident took place in an area bordering TNLA-controlled territory where
the Tatmadaw has been fighting since 2011279 and where clashes took place after the
December 2018 unilateral ceasefire.280 The soldiers abducted the woman while she was
farming alone on a tea plantation. They dragged her down the valley while asking her in the
Myanmar language, which she barely understood, how many TNLA fighters were in the
area.281 The two men ripped off some of her clothes and took turns raping her. 282 According
to another source, the Tatmadaw said it would “take responsibility” if the gang rape
resulted in a pregnancy.283 The woman lodged an official complaint before the Namsan
police shortly after the incident, after which the police collected the survivor’s clothing as
272
273
274
275
276
277
278
279
280
281
282
283
30
GI-006.
GI-006.
PI-005, PI-037, PI-046, PI-057, PI-110, PI-117, PI-136, PI-141, PI-142, PI-144, PI-166, PI-169, PI170, ; see also Shan Human Rights Foundation (SHRF), Update by the Shan Human Rights
Foundation (April 2016); SHRF, Update by the Shan Human Rights Foundation (November 2015);
Ta’ang Women’s Organization, Trained to torture: Systematic war crimes by the Burmese Army in
Ta'ang areas of Northern Shan State (March 2011-March 2016); Kachin Women's Association
Thailand, State of Terror in Kachin Hills (February 2013).
PI-003, PI-004, PI-005, PI-007, PI-067, PI-068, PI-069, PI-089, PI-134, PI-136, PI-142, PI-144, PI166, QI-082.
A/HRC/39/CRP.2, paras. 188-219.
PI-166, V-354, V-355, 2615.
PI-166, V-354, V-355, 2615.
PI-101.
A/HRC/42/50, paras. 57-58.
PI-166.
PI-166, 2615.
2615.
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