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
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