A/HRC/31/71 provisions against rape and other forms of sexual violence committed by the military, police and uniformed personnel in conflict. The law should also address all forms of gender-based violence, including domestic violence and marital rape, and provide for adequate penal sanctions, including against the military, as well as other measures, such as interim protection orders. 48. Sexual and gender-based violence, including domestic violence, is a particular problem in conflict areas. In his report on conflict-related sexual violence, the SecretaryGeneral found that sexual violence was widespread in Kachin State, northern Shan and Rakhine States, and areas subject to ceasefire agreements in Chin State and the south-east of the country (S/2015/203, para. 41). Civil society organizations documented 118 cases of sexual violence, allegedly committed by the military across Myanmar between 2010 and 2014.6 The significant underreporting of sexual violence would suggest that statistics underestimate the true scale of the problem. Victims are reluctant to report cases for a range of reasons, including fear for their own security. The Special Rapporteur was also informed of cases where small amounts of financial compensation were apparently offered to families to discourage legal action; for example, the family of a girl allegedly raped by a soldier was reportedly induced by the army to sign a statement declaring that they would not pursue prosecution after accepting a financial settlement. 49. When cases are reported and prosecuted, it is frequently through military procedures, which lack transparency and often provide little justice. While the Special Rapporteur welcomes the conviction of two soldiers for rape in 2014, that outcome does not reflect the general trend nor the structural challenges involved, which often result in impunity. Although section 72 of the Defence Forces Act (1959) requires serious crimes committed against civilians (including murder and rape) to be transferred to civilian courts, it contains broad exceptions for acts committed “while on active service”. The Ministry of Defence informed the Special Rapporteur that 61 members of the military were prosecuted for sexual and gender-based violence from 2011 to 2015; of these, 31 were tried under court martial. According to information from the Government, families are sometimes invited to witness trials in military courts; however, proceedings remain opaque and victims are frequently unaware of whether action has been taken against perpetrators. 50. Investigations, when conducted, are often seen as flawed and lacking in credibility. One year on, the investigation into the alleged rape and murder of two Kachin schoolteachers, Maran Lu Ra and Tangbau Hkwan Nan Tsin, in Shan State has yet to lead to any charges. Local villagers are frustrated at the ongoing impunity of perpetrators. They also fear future attacks or legal action, given that the military has allegedly threatened to pursue anyone publicly accusing the army of involvement. In addition, a large number of cases of rape, including child rape, are reportedly handled by traditional justice mechanisms and often settled by arranging the marriage of the victim to the perpetrator, without any consideration of the victim’s rights. E. Conflict and peace process 51. On 15 October 2015, a nationwide ceasefire agreement was signed between the Government and eight armed groups. This followed the signature since 2011 of bilateral ceasefire agreements with 14 ethnic armed groups. Nonetheless, violent clashes continue in parts of Myanmar, including in Kachin and Shan States, as well as Chin, Rakhine and Karen States. The Special Rapporteur also notes with concern the conflict between two 6 Women’s League of Burma, “If they had hope they would speak”: The ongoing use of statesponsored sexual violence in Burma’s ethnic communities, November 2014 11

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