Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English
There were serious concerns about the investigation methods. 546 The police detained and
tortured or ill-treated two villagers accused of the rape and killing of the teachers,547 while
ignoring evidence against troops of the LIB 503 who were stationed in the village at the
time of the incident.548 The Tatmadaw threatened legal action against the families of the
victims who initiated the investigation.
XII. Conclusion and recommendations
253. The widespread sexual and gender-based violence against members of
Myanmar’s ethnic minorities, especially women and girls, is the most extreme
expression of gender related injustice inflicted on them.
254. Based on the Mission’s investigations since the release of its 2018 report and the
consolidation of all its materials on the Tatmadaw’s use of sexual and gender-based
violence, the Mission reaffirms its conclusion that rape and other forms of sexual and
gender-based violence constitute gross violations of international human rights law in
Rakhine, Kachin and Shan States. These violations include arbitrary deprivation of
life, rape, torture and other inhuman, cruel or degrading treatment or punishment,
arbitrary and unlawful detention, forced labour and sexual slavery. The Mission also
concludes on reasonable grounds that the Myanmar Government’s failure to cease,
prevent and take action against sexual and gender-based violence represents a grave
failure to ensure respect and protection for human rights under international law.
This sexual violence was used against women, men, girls, boys and transgender
persons.
255. Many of these acts also amounted to violations of international humanitarian
law when they took place in connection with an armed conflict. This report also
reaffirms the Mission’s conclusion that acts of sexual and gender-based violence
constituted crimes against humanity, war crimes and underlying acts of genocide
accompanied by inferences of genocidal intent. 549 Notably, the Mission’s consolidation
of its materials has led it to conclude on reasonable grounds that the sexual violence
perpetrated against Rohingya women and girls in Rakhine state on and after 25
August 2017 was an indicator of the Tatmadaw’s genocidal intent to destroy the
Rohingya people in whole or in part. The Mission also concludes that the Government
has failed, and continues to fail, in its obligation to hold perpetrators for sexual
violence accountable, and that the Government bears continuing State responsibility
under the Genocide Convention for its failure to investigate and punish acts of
genocide.
256. The Mission is deeply concerned about sexual violence and gender-based
violence by EAO fighters and the EAOs’ lack of proper accountability processes for
addressing this violence. This requires further investigation.
257. The Mission has found that the Government of Myanmar lacks the political will
to address the pervasive impunity of the security forces for sexual and gender-based
violence committed against ethnic minorities. This lack of decisive action is evidence
of tacit approval and acceptance of such conduct. Instead of investigations, the policy
of the Government now appears to be the destruction of evidence of the crimes
committed,550 making future accountability more difficult.
258. Impunity for atrocity crimes and other gross violations of human rights and
serious violations of international humanitarian law has legitimised domestically the
Tatmadaw’s brutal, oppressive and discriminatory conduct. It has enabled recurrence
546
547
548
549
550
58
PI-037.
PI-139, PI-140.
PI-168, PI-169, PI-170.
A/HRC/39/CRP.2 paras 1511, 1516, 1441.
LI-224, https://www.aljazeera.com/news/southasia/2019/07/satellite-images-show-ongoingdestruction-rohingya-settlements-190724111501684.html
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