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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents