Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English committed sexual and gender-based violence with the same intent of targeting the civilian population.461 However, further investigation is required. 210. The Mission is concerned, on the basis of cases it has investigated, that EAO justice systems are inadequate in addressing allegations of sexual and gender-based violence. The Mission also notes that it is a war crime for EAOs in conflict situations to sentence their own members without affording them due process and fair trial rights in regularly constituted courts operating in accordance with international standards of justice and the rule of law. X. Consequences of sexual and gender-based violence and the gendered impact of Myanmar’s ethnic conflicts A. The Rohingya community 211. The consequences and impacts of sexual and gender-based violence are wide and varied for the Rohingya community. Rohingya women, in particular, suffer enduring consequences as survivors of sexual and gender-based violence, including forced and early marriages of girls, unwanted pregnancies, pregnancy terminations and the care of children conceived through rape. 212. Sexual violence has caused severe and long-lasting physical and mental injuries. Women interviewed by the Mission reported experiencing pain in the vagina and lower abdomen area during sexual intercourse.462 Men who experienced sexual torture in detention continue to suffer enduring physical and psychological injuries, including bleeding from the anus, loss of cognitive function, loss of emotional control, loss of erectile function and inability to work.463 213. The inadequacy of specific medical expertise in Rakhine related to rape exacerbates the effects of sexual violence. Improvements in access to specialized care and adequate referral pathways are needed to address the sexual and reproductive health needs of women. In 2017, the United Nations Special Rapporteur on the situation of human rights in Myanmar found that the limited capacity of providers in Rakhine, as well as restrictions on women’s freedom of movement due to increased militarization, limited access to lifesaving services for survivors of sexual and gender-based violence.464 214. The United Nations and other organizations noted an increase in the number of pregnant women and girls in the refugee camps in Bangladesh between May and June 2018.465 The exact number of children born out of rape is not known. It is presumed that most births occurred at home and were not registered. The lack of information may be attributable to the stigma associated with rape.466 Recognition of children born out of rape is hard for some mothers, who find these children a constant reminder of the rape they were subjected to. A survivor of rape described her child born out of rape as “not our child - a lost child”.467 Other victims terminated their pregnancies using traditional abortifacients or through medical interventions, with a rise in requests after November 2017. 468 461 462 463 464 465 466 467 468 A/HRC/39/CRP.2, para. 370; PM-012. EI-089, EI-031, EI-097. NI-008, NM-002. A/HRC/34/67, para. 56. Access is particularly limited in conflict areas and those highly militarized areas in Rakhine State. United Nations International Children’s Emergency Fund “More than 60 Rohingya babies born in Bangladesh refugee camps every day”–(17 May 2018). K-129, K-124, Sunaina Kumar and Fiona Weber-Steinhaus,“ A gift from God: the Rohingya refugees adopting orphaned babies.”(The Guardian, 25 December 2018). NI-013, K-124. NM-001, NI-018, K-129, K-124. 49

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