Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English journalists and human rights defenders; providing human rights and international humanitarian law education to all sectors of society and training for law enforcement officials as well as military and security forces; promoting public servants’ observance of codes of conduct and ethical norms, in particular international standards; promoting mechanisms for preventing and monitoring social conflicts and their resolution; reviewing and reforming laws contributing to or allowing human rights violations. 515 238. In June 2018, the Government of Myanmar established the Independent Commission of Enquiry (ICOE) to examine the events of 2017 in Rakhine State. The ICOE was to publish an interim report in April 2019 and its final report by 30 July 2019. 516 At the time of writing, neither report had been released. In July 2019, the Government extended the ICOE’s mandate for an additional six months to continue its work. Under its mandate, the ICOE’s recommendations can only be directed to enhancing peace and stability and ensuring law enforcement and the rule of law. The ICOE chairperson has emphasized that it is not an accountability mechanism for human rights violations and abuses and violations of international humanitarian law. 239. At the time of writing, the ICOE was on its first mission to Bangladesh.517 The Rohingya refugees with whom the Mission spoke feared reprisals if they spoke to Myanmar Government officials about Tatmadaw brutality in Rakhine. It is not clear how sexual and gender-based violence is being addressed by the ICOE.518 Because of the ICOE’s lack of a clear mandate, its opaque methodology and its questionable operating procedures, as well as its dependence on the Myanmar Government, the Mission has concluded that ICOE investigations will not identify perpetrators, promote accountability and justice, and provide redress to victims. 240. The Myanmar National Human Rights Commission is also not yet an effective mechanism for pursuing accountability of the Tatmadaw, its most senior commanders and its soldiers for gross violations of international human rights law and serious violations of international humanitarian law. The National Human Rights Commission has no experience of investigating major human rights violations and has not demonstrated the necessary independence, determination and capacity to warrant confidence in its effectiveness at this stage.519 The national ceasefire agreement of 2015 also does not include mechanisms to secure access to justice for survivors of sexual and gender-based violence. 241. In December 2018, the Government of Myanmar signed a joint communique with the Special Representative of the Secretary-General on Sexual Violence in Conflict on behalf of the United Nations.520 The Communique committed the Myanmar military to address six key priorities to prevent and ensure accountability for sexual violence in conflict. A National Committee to support implementation of the Joint Communique was announced by Presidential Decree in March 2019. The Joint Communique also commits the Myanmar military to issuing clear orders prohibiting sexual violence and to ensuring timely investigations of alleged abuses and accountability for violations. 515 516 517 518 519 520 Basic Principles and Guidelines on the Right to a Remedy, principle 23. See www.icoe-myanmar.org/key-terms and www.moi.gov.mm/ppd/sites/default/files/Vol-71%2CNo44.pdf. https://www.dhakatribune.com/bangladesh/rohingya-crisis/2019/08/19/rohingya-witness-protectionmyanmar-s-icoe-dodges-bangladesh-enquires. Summary of the meeting on Myanmar held by the Informal Expert Group on Women and Peace and Security on 4 June 2019, https://undocs.org/en/S/2019/591 The Myanmar National Human Rights Commission is not fully compliant with the Paris Principles. It currently has B status. See: https://nhri.ohchr.org/EN/Documents/Status%20Accreditation%20Chart%20%289%20May%202019 %29.pdf https://www.un.org/sexualviolenceinconflict/wp-content/uploads/joint-communique/jointcommunique-of-myanmar-un-on-prevention-response-to crsv/Joint_Communique_of_Myanmar_UN_Prevention_Response_to_CRSV_2018.pdf 55