A/HRC/42/CRP.5 while one of the victims escaped, the other three died while under the control of the KIA.1340 560. The Mission received additional reports of alleged abductions by the TNLA 1341 and the KIA1342 and physical or psychological abuses and killings by the SSA-S1343 and the TNLA.1344 7. Sexual and gender-based violence 561. The Mission received limited information regarding sexual and gender-based violence by EAOs during the reporting period. An explanation lies in the misconception and misunderstanding of sexual and gender-based violence in northern Myanmar. Sexual and gender-based violence is widely understood as relating solely to rape committed by Tatmadaw soldiers.1345 562. Nonetheless, the Mission received credible information that members of EAOs have committed acts of sexual and gender-based violence. These reports included incidents of women and girls being sexually harassed, intimidated and assaulted, sometimes on a daily basis, by members of EAOs. 1346 While some EAOs have publically committed themselves to refrain from acts of sexual violence through “deeds of commitments”, EAOs operating in northern Myanmar have not.1347 The normalization of gender discrimination and gender inequality in northern Myanmar contributes to the commission of sexual and gender-based violence in non-government controlled areas.1348 563. The Mission was informed that some EAO court systems that address allegations of sexual and gender-based violence contain written procedures, but do not have written laws. Those court systems have applied Myanmar’s laws or, on an exceptional basis, international law. There are no laws or guidelines regarding sentencing in KIO courts. 1349 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.1350 In these cases the male perpetrator does not appear to receive any punishment. 8. Conclusions and legal findings 564. The Government’s refusal to grant the Mission access to the country and to respond to the Mission’s requests for information limited the Mission’s ability to gather first-hand information on human rights abuses and violations of international humanitarian law by EAOs. Abuses and violations perpetrated by EAOs remain generally under-reported by civil society organizations operating in northern Myanmar belonging to the same ethnic group as the EAOs.1351 Nonetheless, the Mission received credible allegations of human rights abuses and violations of international humanitarian law by EAOs, and draws the following conclusions. 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 V-350, V-351. V-408, V-421. V-352, Row 181 of FFFGEN-1-85769, V-409. V-352, and rows 27.10.18 and 15.08.18 of Doc ID 2143. Row 16.09.18, 06.07.18 of 2143. PM-010, PM-011. PM-010, PM-011. For example, the Karen National Union/Karen National Liberation Army, party to the 2015 NCA, signed a deed of commitment under Geneva Call for the prohibition of sexual violence in situations of armed conflict and towards the elimination of gender discrimination, available at http://theirwords.org/media/transfer/doc/knu_sexual-6bffd0548f5219cf14fa5acb9ad52479.pdf. PM-010, PM-011, PM-012. 2160. PM-011, 2160. PM-010. 151

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