Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English
C.
Sexual and gender-based violence in Kachin and Shan States
(i)
Context
108. Since June 2011, the protracted conflicts in Kachin and Shan States escalated,
characterized both by intense fighting between the Tatmadaw and the EAOs 237 and by
EAOs fighting each other.238 Attempts to sign an inclusive peace agreement with all EAOs
operating in Kachin and Shan States have failed. 239 Despite a unilateral ceasefire declared
by the Tatmadaw from December 2018 to 31 August 2019,240 the Mission found that
hostilities continue with adverse effects on the civilian populations, 241 including continued
sexual and gender-based violence.
109. The populations of Kachin and Shan States comprise various ethnic and religious
groups.242 Many of these groups have struggled for decades for greater autonomy and
against what they perceive to be a central government that has favoured Bamar-Buddhists
politically and economically.243 These grievances have been aggravated by the Tatmadaw’s
counterinsurgency tactics that directly target and adversely affect the civilian population. In
certain regions in northern Myanmar, the Tatmadaw intentionally and frequently targets
civilian populations that share the same ethnicity as members of EAOs. The Tatmadaw
seems to consider all members of an ethnic minority to be members and supporters of an
EAO of the same ethnicity.
110. Villages were cleared and land was burned throughout Kachin and Shan States since
2011.244 Thousands of civilians have been displaced. Over 106,500 people have been living
in 169 camps in Kachin and Shan since 2011, 36 per cent of them in contested areas and
areas controlled by EAOs to which United Nations agencies are denied access.245 The
conflicts in Kachin and Shan States are also fuelled by the exploitation of natural resources,
land use and major infrastructure projects, and narcotics trading.246 International human
rights and humanitarian law violations against ethnic and religious groups in northern
Myanmar are committed in a context of severe discrimination on ethnic and gender
grounds, often with persecutory intent. This manifests itself in the use of ethnic and sexist
237
238
239
240
241
242
243
244
245
246
The EAOs are: Kachin Independence Army (KIA), the Myanmar National Democratic Alliance Army
(MNDAA), the Ta’ang National Liberation Army (TNLA), Shan State Army-South (SSA-S - Armed
wing of the Restoration Council of Shan State (RCSS) and Shan State Army-North (SSA-N - Armed
wing of the Shan State Progress Party (SSPP).
Notably the SSA-S and the TNLA, and the SSA-S and SSA-N sporadically
Despite attempts to sign peace agreements with some of the EAOs since 1961, several groups have
been ostracized from the peace process, and hostilities have continued even with some parties to the
National Ceasefire Agreement (NCA). The NCA was signed on 12 October 2015 with eight EAOs.
Groups that have not signed include the KIA, the MNDAA, the TNLA and the Arakan Army (AA).
Among the groups currently involved in hostilities in Kachin and Shan States, only the SSA-S signed
the NCA but clashes continue between it and the Tatmadaw, parallel to the peace process. The SSA-N
has not yet signed the NCA; A/HRC/39/CRP.2, para. 107; A/HRC/42/50, para. 57-58.
Including the KIA, MNDAA and TNLA, see Myanmar Times, Tatmadaw extends ceasefire a second
time, to August 31, 2 July 2019; 2393, 2394, 2395, 2396, 2397, 2398; Myanmar Times, “Tatmadaw
extends ceasefire a second time, to August 31” (2 July 2019).
A/HRC/42/50, para. 57-66.
The peoples of Shan State include the Shan, Pa-O, Intha, Lahu, Lisu, Taungyo, Danu, Ta’ang, Ahka
and Jinghpaw (Kachin), Shan-Chinese (Han), Shan-Ni and Kokang. The peoples of Kachin State
include the Jinghpaw, Shan, Ruwang, Lisu, Zaiwa, Lawngwaw, Lachyit, Rakhine and Bamar. Many
of the ethnic minority groups have substantial numbers of Christians among their members. Some
groups are predominantly Christian.
A/HRC/39/CRP.2, para. 109.
A/HRC/39/CRP.2, para. 109.
A/HRC/42/50, para. 61.
A/HRC/39/CRP.2, para. 110; A/HRC/42/CRP.3.
27
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