Compilation of all recommendations made by the Independent International Fact-Finding Mission on Myanmar, to the Government of Myanmar, armed organizations, the UN Security Council, Member States, UN agencies, the business community and others in English with the government’s commitments under the Extractive Industries Transparency Initiative (A/HRC/42/CRP.3); 57. Ensure no person or entity who has cooperated with the Mission is subject to reprisals, intimidation or any other form of harassment. Take all appropriate steps to prevent, investigate, punish and redress human rights violations through effective policies, legislation, regulations and adjudication of business related activities and require businesses to respect human rights, and periodically assess the adequacy of such laws and address any gaps; perform due diligence and provide effective guidance to businesses on how to respect human rights throughout their operations; and encourage and, where appropriate, require businesses to communicate how they address their human rights impacts of their operations (A/HRC/42/CRP.3). Sexual and gender-based violence 58. Cease the perpetration of sexual and gender-based violence by Myanmar security forces against women, girls, men and boys, as well as the unlawful or arbitrary detention of women and children, and release them; put in place and effectively enforce a zero-tolerance policy on sexual and gender-based violence (A/HRC/39/CRP.2); 59. Acknowledge the role of the Tatmadaw and other security forces in the perpetration of gross human rights violations, including sexual and gender-based violence and grave violations against children (A/HRC/39/CRP.2); 60. Promptly investigate and prosecute Tatmadaw and other security personnel, including senior officials in the Tatmadaw’s chain of command, for sexual and genderbased violence, including as serious crimes under international law, such as crimes against humanity, war crimes and genocide (A/HRC/42/CRP.4); 61. Ensure that the Tatmadaw’s Commander-in-Chief of the military issues military orders expressly prohibiting rape and all forms of sexual violence (A/HRC/42/CRP.4); 62. Ensure that reports of alleged sexual and gender-based violence by the Tatmadaw, and other security personnel, results in credible investigations, fair trials and appropriate sanctions, such as imprisonment and dismissal (A/HRC/42/CRP.4); 63. Undertake the necessary legislative reform to protect people of all genders, including children of all ethnic groups, including Rohingya, from sexual and gender-based violence, including by (A/HRC/42/CRP.4): (a) amending the Constitution to remove provisions that grant government officials, including military and security personnel, immunity from prosecution for human rights violations and to establish civilian jurisdiction over human rights violations, including by military and security personnel; (b) amending the Penal Code of 1861 to adopt a definition of violence against women, including rape and other forms of sexual and gender-based violence, in accordance with the Convention on the Elimination of Discrimination against Women and international standards; (c) amending the Penal Code of 1861 to criminalise sexual and gender-based violence against men and criminalise male rape; (d) ensuring civilian courts have jurisdiction over the military for sexual and gender-based violence against women, men and children; (e) enacting promptly the Prevention and Protection of Violence against Women Law (PoVAW) and ensuring that it fully complies with international standards, covers conflict-related sexual violence, provides adequate protection and support to victims and witnesses of sexual violence, and establishes civilian jurisdiction over these crimes, including when perpetrated by military or other security personnel; (f) effectively criminalize in domestic law serious crimes under international law, including genocide, crimes against humanity and war crimes, such as conflict–related sexual violence, with civilian jurisdiction over these crimes; 11

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