Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English
accountable. Myanmar’s top two military officials remain in their positions of power
despite the Mission’s call for them to be investigated and, if appropriate, prosecuted for war
crimes, crimes against humanity and genocide.5
16.
For these reasons, the Mission decided to prepare a thematic report that brings
together and analyses all the information it has gathered on the topic of sexual and genderbased violence and the gendered impact of Myanmar’s ethnic conflicts. In doing so, the
Mission has deepened and updated its findings in this area, including by expanding its
investigations into the situation of ethnic men, boys and transgender people as well as
examining further the consequences of sexual and gender-based violence on Myanmar’s
ethnic communities. The Mission collected new information about alleged perpetrators, not
included in the original list of six named individuals in its previous report. 6 The Mission has
added these alleged perpetrators to a confidential list of perpetrators that will be shared with
the Independent Investigative Mechanism on Myanmar and the High Commissioner for
Human Rights.
III. Mandate, methodology and legal framework
A.
Mandate
17.
The Mission derives its mandate from Human Rights Council resolution 34/22 and
its extension pursuant to Council resolution 39/2. The Mission has fulfilled its mandate by
establishing “facts and circumstances of the alleged recent human rights violations by
military and security forces, and abuses, in Myanmar, in particular in Rakhine State,
including but not limited to arbitrary detention, torture and inhuman treatment, rape and
other forms of sexual violence, extrajudicial, summary or arbitrary killings, enforced
disappearances, forced displacement and unlawful destruction of property, with a view to
ensuring full accountability for perpetrators and justice for victims”. Under its extended
mandate, the Mission has undertaken additional investigations into sexual and gender-based
violence and the gendered impact of Myanmar’s ethnic conflicts, including as part of its
efforts to consolidate information for purposes of handing it over to the Independent
Investigative Mechanism for Myanmar.7
18.
The Mission is also aware of reports of widespread sexual and gender-based
violence committed against women from other ethnic minorities in Myanmar in the past,
for example in Karen State,8 but because of resource and time limitations, it has been forced
to limit the scope of this report to Rakhine State and northern Myanmar since 2011.
B.
Methodology
19.
In accordance with standard practice in investigations mandated by the Human
Rights Council, the Mission has made its findings on the basis of the “reasonable grounds
to conclude” standard of proof, unless otherwise specified. The Mission had already
collected a vast quantity of primary and secondary information on sexual and gender-based
violence during its first phase of investigations leading up to the presentation of its 2018
report. In preparing this report, the Mission relied on both previously collected information
and information collected from new investigations. It interviewed victims and witnesses
5
6
7
8
A/HRC/39/CRP.2, para. 1553-1555.
A/HRC/39/CRP.2, para. 1555.
HRC resolution 39/2.
Human Rights Watch, “They Came and Destroyed Our Village Again" The Plight of Internally
Displaced Persons in Karen State (June 2005). The Karen Women’s Organization (KWO)
documented 125 cases of sexual violence committed by military troops in Karen State from 1988
until 2004, half committed by high-ranking military officers, see Karen Women’s Organization, State
of Terror The ongoing rape, murder, torture and forced labour suffered by women living under the
Burmese Military Regime in Karen State (February 2007).
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents