Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English 242. Myanmar has a National Strategic Plan for the Advancement of Women of Myanmar for 2013 to 2022.521 It calls for appreciation of diversity and claims to address the aspirations of ethnic nationalities and ensure equitable development. The Plan champions the elimination of all forms of violence against women and girls and proposes responses to the needs of women and girls affected by violence through legislation and structural changes.522 It calls for vulnerable women, in particular those who have suffered from violence, to be given access to services but ethnic women remain without protection and services.523 243. The Myanmar Government has failed to demonstrate the necessary political will to investigate, prosecute and hold perpetrators of sexual and gender-based violence accountable. The Government’s persistent denials of the perpetration of sexual and genderbased violence are a major obstacle to accountability and justice.524 For example, on 17 February 2019 the Commander in Chief was reported saying: “Security forces were accused of rapes. In fact, those security forces are not naughty. We all are under discipline. So, it is very impossible to commit rape case. However, some rape cases may happen along the Myanmar saying: the alms of Buddhist monks are mixed with the waste of mice. One or two members may commit such acts. I did not use the word ‘absolute’. For example, beating or rape may happen. However, show us the evidence to us. We will take action against them.”525 244. Additionally, the Mission has documented a number of instances where victims feared pursuing justice because of the lack of protection, given the perpetrators include law enforcement officers, such as the police.526 The fear is justifiable. In Kachin and Shan, women who either attempted to escape or fight, or whose rape was interrupted by other events, were threatened by their perpetrators,527 including with death.528 The Mission found a consistent pattern of perpetrators subsequently going to the survivor’s home searching for her,529 including with a superior officer.530 If complaints are made, the Tatmadaw response appears to be reprisal and attempts to silence rather than undertaking a genuine investigation. In cases that have been investigated, the process has often been flawed. 531 For example, on 2 July 2014 in Puta-O, Kachin State, two Tatmadaw soldiers attempted to rape a Ruwang woman on the side of the road. The next day she reported the incident to the commander. She was threatened with arrest for reporting the case and fled the country fearing reprisals.532 245. In two cases, Tatmadaw soldiers visited the survivor’s home, physically abusing the survivor’s relatives and confiscating personal property, including identification cards. 533 They told the relatives to return the survivor to the military camp as soon as she returned 521 522 523 524 525 526 527 528 529 530 531 532 533 56 Gender Equality and Women’s Rights in Myanmar, a situation analysis, Executive Summary, xvi (https://www.undp.org/content/dam/unct/myanmar/docs/unct_mm_UNWomen_Report_Gender%20S ituation%20Analysis.pdf). National Strategic Plan for the Advancement of Women (2012-2022) Myanmar National Committee for Women’s Affairs, p.31; https://myanmar.unfpa.org/sites/default/files/pub-pdf/NSPAW20132022_0.pdf CI-264 V-254, V-255. The “fake rape” charge appeared as a banner on the Facebook page of the State Counsellor’s Office (screenshot on file with the Mission). It is discussed in detail in chapter X, section B.2.a: Case study 1: the use of rape and other forms of sexual violence by the military. See also: http://www.statecounsellor.gov.mm/en/node/545. See interview with Senior General Min Aung Hlaing, 17 February 2019: http://cincds.gov.mm/node/1830 CI-074, CI-077, CI-174, DI-038, DI-048, DI-050. DI-065, PI-005. PI-00. PI-003, PI-005, PI-007, PI-067, PI-068, QI-084. PI-005. PI-136, PI-141, PI-144, PI-168, PI-169, PI-170 PI-173. PI-007, PI-023.