Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English violence inflicted great suffering that amount to the crime against humanity of inhumane acts as part of the widespread and systematic attack against the Rohingya civilian population as documented in the Mission’s 2018 report. 196. Additionally, the Mission heard an allegation of the military using rape as a way to coerce a community into providing men to perform night duty. A man said that, in the second half of 2018, the military raped a female relative after her brother tried to avoid night duty by fleeing. The military did this, the man said, to threaten villagers that they would face similar consequences if they refused to serve night duty.427 Although this is not an example of a family member witnessing sexual violence, the Mission concludes on reasonable ground that, when rape is used in this way, it is clearly a war tactic and is both a form of torture against the female relative and her close family members. IX. Sexual and gender-based violence by non-state armed groups 197. The Mission received limited information regarding sexual and gender-based violence by EAOs. The Government’s refusal to grant the Mission access to the country and to respond to the Mission’s requests for information limited the Mission’s ability to gather first-hand information on sexual and gender-based violence by EAOs. Abuses perpetrated by EAOs remain generally under-reported by civil society organizations operating in northern Myanmar belonging to the same ethnic group as the EAOs. 428 An additional explanation lies in the misconception and misunderstanding of sexual and gender-based violence in northern Myanmar. Sexual and gender-based violence is widely understood as relating solely to rape committed by Tatmadaw soldiers. 429 198. Nonetheless, the Mission received credible information that members of EAOs have committed acts of sexual and gender-based violence, both rape and other sexual and gender-based violence. These reports included incidents of women and girls being sexually harassed, intimidated and assaulted, sometimes on a daily basis, by members of EAOs.430 While some EAOs have publically committed themselves to refrain from acts of sexual violence through “deeds of commitments”, EAOs operating in northern Myanmar have not.431 It is important that further investigations are conducted into these reports. 199. The normalization of gender discrimination and gender inequality in northern Myanmar contributes to the commission of sexual and gender-based violence in nongovernment controlled areas.432 Because of this gender discrimination and gender inequality, the conflicts in northern Myanmar encompass complex gender dimensions particularly affecting women and girls. Based on their gender, ethnicity and age, men and boys of fighting age are particularly targeted by Tatmadaw as suspected EAO members. Since 2011, the Tatmadaw has arbitrarily arrested and detained, tortured or ill-treated, taken for forced labour, or killed men and boys.433 They are also particularly targeted for recruitment by EAOs.434 As a result, women and children are further marginalized and displaced in a situation of humanitarian crisis with limited access to humanitarian relief. 435 More precisely, after decades of conflict, women in many instances have become heads of households, caring for children and farming land to survive. In many of these ethnic 427 428 429 430 431 432 433 434 435 46 FI-037. PM-010. PM-010, PM-011. PM-010, PM-011. For example, the Karen National Union/Karen National Liberation Army, party to the 2015 NCA, signed a deed of commitment under Geneva Call for the prohibition of sexual violence in situations of armed conflict and towards the elimination of gender discrimination, available at http://theirwords.org/media/transfer/doc/knu_sexual-6bffd0548f5219cf14fa5acb9ad52479.pdf. PM-010, PM-011, PM-012. A/HRC/39/CRP.2, pp. 30-79; A/HRC/42/50 para. 61. A/HRC/39/CRP.2, para. 333-354. Gender Profile for Humanitarian Action, and across the Humanitarian-Peace-Development Nexus (Rakhine, Kachin and Northern Shan Myanmar) January 2019.