A/HRC/4/14 page 11 B. Systematic human rights violations and impunity 36. In his last report to the General Assembly, the Special Rapporteur noted that “the culture of impunity remains the main obstacle to the efforts in view to safeguarding and securing respect for human rights in Myanmar and creating a favourable environment for their realization” (A/61/369, para. 27). 37. During the course of his mandate, the Special Rapporteur has received reports of widespread and systematic human rights violations, including summary executions, torture, forced labour practices, sexual violence and recruitment of child soldiers. These violations have not been investigated and their authors have not been prosecuted. Victims have not been in a position to assert their rights and receive a fair and effective remedy. 38. The Special Rapporteur regrets that in the discussions in the Commission on Human Rights and in the General Assembly the Myanmar authorities have preferred to deny the allegations and to denounce the accuracy of the Special Rapporteur’s findings. As the Government has not invited the Special Rapporteur to visit Myanmar, he cannot be blamed for not having been able to verify the accuracy of these allegations. 39. As the Special Rapporteur noted: “The mob attack targeting Aung San Suu Kyi in November 1996 and the brutal Depayin massacre in May 2003 are striking examples of the culture of impunity prevailing in the country. In spite of several appeals, including by the Special Rapporteur, the Government of Myanmar did not investigate these cases and have not brought those responsible to justice” (ibid., para. 28). 40. Under international law, Myanmar has an obligation to thoroughly investigate grave violations of human rights, to prosecute those responsible for their perpetration and, if their guilt is established, to punish them. This means that those responsible for human rights violations must stand trial and that victims must obtain reparations. 41. Another noteworthy illustration of the consistent and continuing pattern of impunity is the high number of allegations of sexual violence against women and girls committed by members of the military that have been regularly documented since 2002. In 2006, the Special Rapporteur received information about 30 cases of rape of Chin women. In late November 2006, he received additional reports of abuses by the military, including sexual abuses, and their impact in Kayin State. As noted by the Special Rapporteur: “This trend of sexual violence is particularly alarming, bearing in mind that the figures provided are likely to be far lower than the reality as many women do not report incidents of sexual violence because of the trauma attached to it. Moreover, some reports may also not have reached the Special Rapporteur, as information on human rights abuses in these areas is mainly collected from refugees arriving at the Thai-Myanmar border” (ibid., para. 30). The Special Rapporteur is not aware of any initiatives by the Government of Myanmar to look into these serious human rights abuses with a view to identifying the perpetrators and bringing them to justice. The failure to investigate, prosecute and punish those responsible for rape and sexual violence has contributed to an environment conducive to the perpetuation of violence against women and girls in Myanmar. As the Government has denied the Special Rapporteur access to Myanmar, he was not in a position to verify these allegations.

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