Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English for the decriminalization of homosexuality.337 Four years later, oppressive laws are yet to be changed, even though the State Counsellor’s National League for Democracy controls the Parliament.338 B. Sexual and gender-based violence against Rohingya men and boys 154. The Mission’s 2018 report documented several cases of sexual and gender-based violence against Rohingya men and boys. The Mission found there to be credible and consistent reports of rape and gang rape,339 genital mutilation,340 forced nudity and other forms of sexual violence,341 sometimes leading to death,342 and called for further investigation of sexual violence against men and boys.343 155. The cases of sexual and gender-based violence against Rohingya men and boys documented in the Mission’s 2018 report occurred after the June 2012 violence and during the “clearance operations” that began on 25 August 2017. The majority of those cases took place in government detention facilities, in particular Buthidaung prison. 156. Interrogators used sexual and gender-based violence to pressure men to confess to having been involved in the attacks on police posts, accused of alignment to ARSA, or after violence such as that of Maungdaw in 2012. The demonization and emasculation of men was a tool used effectively against the Rohingya. Humiliated and abused, some made statements to put an end to the sexual violence such as the burning of pubic hair, genital mutilation, and other degrading treatment.344 157. These violations are attributable to the Tatmadaw, NaSaKa border forces, 345 Border Guard Police, prison authorities and members of ethnic Rakhine communities. 346 158. Sexual violence against men and boys is under reported, exacerbated by the patriarchal, lack of awareness and religious nature of the Rohingya community. Gender norms within the community make it difficult for men and boys to engage on the subject of sexual violence, especially as they are expected to be strong and have to live up to cultural 337 338 339 340 341 342 343 344 345 346 Aung San Suu Kyi: “Stigma against HIV and anti-gay laws are costing lives in Burma” (20 November 2013). Also, Myanmar LGBT Rights Network Joins Daw Aung San Suu Kyi in calling for the decriminalization of homosexuality in Myanmar (22 November 2013). Myanmar has not amended provisions of the Penal Code or the Police Act that are often used to oppress and discriminate against LGBT persons. Existing legal framework expressly discriminates against LGBT persons breaching their right to self-identify for example: The Penal Code of Myanmar, s.377 prohibits sodomy, whether heterosexual or homosexual and the Emergency Provisions Act of Myanmar, s. 5 (J), prohibits anything that might affect the morality of an individual, society or the public in a negative way. Transgender people in Myanmar are subject to rape, mistreatment or extortion by police and are often targeted using the "shadow law" in Section 35(c) of the Police Act. CI-136, DI-037, FI-047, FI-053, NI-008, QI-108. EI-092, EI-096. CI-106, CI-136, DI-037, NI-008, QI-108. EI-092, EI-096. A/HRC/39/CRP.2. Paras. 188, 675, 676, 920, 1276. For the period following the June 2012 violence, there are also credible and consistent reports of men and boys being subjected to sexual violence, including rape, sexualised torture and humiliation, either by authorities or in their presence. CI-136, DI-037, QI-107, QI-108. A/HRC/39/CRP.2.Para. 188, CI-292, CI-190. In northern Rakhine State, restrictions on freedom of movement are enforced through security checkpoints. These checkpoints were previously operated by the NaSaKa the former, Border Areas and Immigration Inspection Control Headquarters. It was disbanded by presidential order dated 12 July 2013, signed by President Thein Sein. Since 2013, the check points are mainly operated by the Border Guard Police, the Myanmar Police Force, and the Tatmadaw. K-076, CI-062, CI-063, CI-064, CI-079, DI-13, DI-026, DI-061. NI-006, NI-008,FI-004,FI-003,FI-047,QI-108,LI-122,NI-001,NI-003. 37