A/HRC/42/CRP.5
while one of the victims escaped, the other three died while under the control of the
KIA.1340
560. The Mission received additional reports of alleged abductions by the TNLA 1341 and
the KIA1342 and physical or psychological abuses and killings by the SSA-S1343 and the
TNLA.1344
7.
Sexual and gender-based violence
561. The Mission received limited information regarding sexual and gender-based
violence by EAOs during the reporting period. An 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.1345
562. Nonetheless, the Mission received credible information that members of EAOs have
committed acts of 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. 1346 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.1347 The normalization of gender discrimination and gender
inequality in northern Myanmar contributes to the commission of sexual and gender-based
violence in non-government controlled areas.1348
563. The Mission was informed that some EAO court systems that address allegations of
sexual and gender-based violence contain written procedures, but do not have written laws.
Those court systems have applied Myanmar’s laws or, on an exceptional basis,
international law. There are no laws or guidelines regarding sentencing in KIO courts. 1349
When survivors decide to present their grievances before traditional community leaders,
who are generally men, cases are commonly resolved by imposing “bunglat hka”, or “blood
money”, to compensate the female victim for the harm committed and to restore peace in
the community.1350 In these cases the male perpetrator does not appear to receive any
punishment.
8.
Conclusions and legal findings
564. 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 human rights abuses and violations of international humanitarian law by
EAOs. Abuses and violations perpetrated by EAOs remain generally under-reported by
civil society organizations operating in northern Myanmar belonging to the same ethnic
group as the EAOs.1351 Nonetheless, the Mission received credible allegations of human
rights abuses and violations of international humanitarian law by EAOs, and draws the
following conclusions.
1340
1341
1342
1343
1344
1345
1346
1347
1348
1349
1350
1351
V-350, V-351.
V-408, V-421.
V-352, Row 181 of FFFGEN-1-85769, V-409.
V-352, and rows 27.10.18 and 15.08.18 of Doc ID 2143.
Row 16.09.18, 06.07.18 of 2143.
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.
2160.
PM-011, 2160.
PM-010.
151
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