Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English
based violence committed by AA members against ethnic Rakhine or Chin civilians. There
is said to be an internal rule strictly prohibiting and punishing sexual and gender-based
violence against civilians.450
Sexual and gender-based violence perpetrated by EAOs
204. One incident of EAO sexual violence involved the rape of a Ta’ang headmistress by
several TNLA members at her home in Kyaukme Township, Shan State in October 2017.
Following the victim’s report to local authorities, the TNLA held traditional proceedings in
the forest under their internal justice system to address the rape. The victim was invited, but
chose not to attend. As a result of these proceedings, the TNLA negotiated for the
perpetrators to pay compensation to the victim, and brought two armed men to kneel and
apologize to her.451 In the Mission’s view the perpetrators were not adequately sanctioned
and their apology was not perceived as deterrence against committing violence and other
abuse against women.452
205. The Mission received unverified reports of KIA men being tried by the KIA’s
internal justice system for raping women in Kachin State. 453 It also received unverified
information regarding a case where a KIA commander summarily executed a KIA member
for gang rape following a complaint by the survivor’s parents. He was reportedly shot on
the spot when the survivor identified him as the first man who had raped her. The other
rapist was excused as the survivor “had already been raped when the second KIA member
penetrated her”, according to the KIA commander.454
206. EAOs face challenges when addressing sexual and gender-based violence. The
Mission was informed that some EAO court systems contain written procedures, but may
not have written laws, in which case they have applied Myanmar’s laws or, on an
exceptional basis, international laws. There are no laws or guidelines regarding sentencing
in KIO courts.455 When survivors decide to present their grievances before traditional
community leaders, who are generally men, cases are commonly resolved by imposing
“bunglat hka” or “blood money” to compensate the female victim for the harm committed
and to restore peace in the community.456
207. The Mission was also informed that there are no female judges in EAO-run courts in
northern Myanmar.457 However, the Mission was told that, when a rape case is brought
before the KIO court, the Kachin Women’s Association (KWA) intervenes to defend the
women’s rights and interests, advocating for the application of CEDAW and other UN
resolutions pertaining to women’s protection.458
208. Some EAOs still use the death penalty.459 An expert told the Mission that the
challenges associated with detention operations and justice systems left some EAOs
carrying out summary executions to deliver justice.460
Conclusions and legal findings
209. The Mission received reliable but unconfirmed information regarding sexual and
gender-based violence by EAOs in Kachin and Shan States. The Mission concludes on
reasonable grounds, however, that sexual and gender-based violence by EAO soldiers has
been less than that perpetrated by government security forces. Nor have EAO soldiers
450
451
452
453
454
455
456
457
458
459
460
48
LI-187.
PI-110.
PM-010.
K-145.
PM-010.
2160.
PM-011, 2160.
PM-011, 2160.
PM-007, 2161.
BM-017, PI-101, 2160, 2161. For example, in March 2016, the United Wa State Army (UWSA)
reportedly executed two persons after they were convicted of murder by the Wa Special
Administrative Zone’s court; K-143, V-305.
PM-010.
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