A/HRC/45/5 29. Throughout the month of May 2020 there were reports that the Tatmadaw had burned large swathes of Buthidaung township where between five and more than a dozen Rohingya villages once stood. Thousands of Rohingya fled these areas in 2017 during and after the so-called “clearance operations”, and destruction of empty buildings has been going on in these areas since they were vacated. In May, the Tatmadaw returned to the area and burned the remaining remnants of Yin Ma Kyaung, Done Paing, Thin Ga Net, Soe Taung and Kone Taung villages. According to eyewitnesses, the burning of these areas was unrelated to the conflict with the Arakan Army, since no clashes were occurring in the area. In a letter to the High Commissioner dated 17 July 2020, the Permanent Representative of the Republic of the Union of Myanmar to the United Nations Office and other international organizations in Geneva stated that the attacks alleged to have taken place in May 2020 in Buthidaung township “had never taken place”. C. Sexual and gender-based violence 30. Impunity regarding sexual and gender-based violence continues. No safe, effective, accessible and gender-sensitive reporting mechanisms for these crimes are in place and the Government continues to flatly deny their occurrence in both conflict and non-conflict settings. The national commission also excluded evidence of sexual and gender-based violence that had been documented by the fact-finding mission. Victims and their families continue to face significant barriers in reporting violence and accessing services. Challenges reported by victims’ advocates include language barriers for ethnic minority communities, stigma, and fear of being subjected to criminal defamation laws if cases involve members of the military. These shortcomings make it difficult to assess the extent of sexual violence in Myanmar, with the few cases reported likely representing only a fraction of those occurring across the country. These challenges are particularly acute in rural and non-government-controlled areas, where cases are usually addressed through compensation payments made by third-party intermediaries, if at all. 31. Since February 2019, the Government has introduced “one-stop crisis centres” and “one-stop women’s support centres” offering health services to survivors, shelter for mothers and children, and legal support for victims of sexual violence. While these are positive steps, the number of centres is low and access to them by the most vulnerable populations is limited. Unrestricted access to free, confidential, multi-sectoral sexual and gender-based violence response services is still absent in Myanmar. While the ministries of social welfare, of relief and resettlement and of health and sports have developed protocols and guidelines to promote survivor-centred responses, services must be scaled up considerably with access for populations in hard-to-reach areas and for those affected by conflict. Humanitarian access must also be granted to all relevant stakeholders specializing in delivering survivor-centred response services. 32. After signing a joint communiqué with the Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, in 2018, the Government established a national committee in March 2019 to develop an action plan for its implementation. Regrettably, and contrary to international practice, the Government has not yet committed to an action plan jointly endorsed with the United Nations, citing concerns over monitoring and access. While the draft action plan is yet to be approved, it lacks essential protections for victims and survivors of sexual and gender-based violence. Other outstanding concerns arising from the draft include the absence of reforms needed for related legislation, the lack of inclusiveness, and the failure to provide for a survivor-based approach, including a complaint mechanism that would ensure the confidentiality of complaints and the protection of complainants from retribution. 33. In January 2020, the draft law for the prevention of violence against women was eventually submitted to Parliament, following a drawn-out drafting process that had begun in 2013. Despite concerns raised by civil society and the United Nations on the content of the draft, it continues to fall short of international standards as set out in the Convention on the Elimination of All Forms of Discrimination against Women, as has been highlighted by 8

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents