A/HRC/28/72
all parties to the conflict have obligations to prevent violations of international
humanitarian and human rights law and to facilitate humanitarian access.
32.
During her visit, the Special Rapporteur was informed that progress had been made
in advancing the peace process and the Government was confident that a nationwide
ceasefire agreement would be reached in February 2015. However, since her visit there has
been intense fighting in the Kokang self-administered zone in north-eastern Shan State
between the Myanmar Army, the Myanmar National Democratic Alliance Army and other
armed groups. There are reports that tens of thousands of people have been displaced by the
fighting and attacks on humanitarian envoys. On 18 February, a state of emergency was
declared for 90 days in the Kokang self-administered zone, providing extensive powers to
the military. In view of ongoing allegations of serious human rights violations occurring in
ethnic border areas with a heavy military presence, the Special Rapporteur urges the
Government to ensure that the international human rights obligations of Myanmar are
upheld during the state of emergency. Even during states of emergency, States have an
obligation to uphold fundamental human rights, including the rights to life, nondiscrimination and freedom from torture.
33.
The conclusion of a comprehensive ceasefire agreement based on international
human rights principles is an essential precursor to sustainable peace and prosperity in the
conflict areas. The Special Rapporteur received reports from some interlocutors that
accountability for human rights violations and land rights issues are not priority issues in
the ceasefire negotiations. Moreover, her discussions with persons from ethnic minorities
revealed the deep level of mistrust and despair with the peace process. At the heart of the
conflict lie historically entrenched inequalities, land and natural resource rights issues,
discrimination against minorities and widespread human rights abuses. The Special
Rapporteur stresses the importance of addressing human rights issues during the negotiation
phase, including commitments and mechanisms for accountability, equality and nondiscrimination after the ceasefire is achieved.
34.
Successive Security Council resolutions have reiterated the importance of women’s
equal and full participation as active agents for the prevention and resolution of conflicts. 16
Those resolutions call on Member States to ensure women are not only fully included in
peace negotiations, but also that a gender perspective is incorporated in all areas of
peacebuilding. In Myanmar, ceasefire discussions have primarily been between male
military leaders, rendering invisible the experiences, grievances and needs of women and
men in the conflict areas.
35.
The Security Council has also called on parties to armed conflicts to protect civilians
from sexual violence, including by taking disciplinary measures and capacity-building
measures.17 The Committee on the Elimination of Discrimination against Women has also
expressed concern over the high prevalence of sexual violence perpetrated by members of
the armed forces and urged Myanmar to take immediate steps to put an end to those
violations and to prosecute and punish the perpetrators.18 Allegations of serious human
rights violations in conflict areas received by the Special Rapporteur include a significant
number of complaints of sexual violence perpetrated by military officers. 19 She was
16
17
18
19
Security Council resolutions 1325 (2000) and 1889 (2009).
Security Council resolutions 1820 (2008), 1888 (2009), 1960 (2010), 2106 (2013) and 2122 (2013).
Concluding observations of the Committee on the Elimination of Discrimination against Women:
Myanmar (CEDAW/C/MMR/CO/3), paras. 24 and 25.
See, for example, the November 2014 report from Women’s League of Burma, “If they had hope,
they would speak: The ongoing use of State-sponsored sexual violence in Burma’s ethnic
communities” . The report highlights 118 incidents of gang-rape, rape and attempted sexual assault
11
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