A/HRC/4/14
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B. Systematic human rights violations and impunity
36.
In his last report to the General Assembly, the Special Rapporteur noted that “the culture
of impunity remains the main obstacle to the efforts in view to safeguarding and securing respect
for human rights in Myanmar and creating a favourable environment for their realization”
(A/61/369, para. 27).
37.
During the course of his mandate, the Special Rapporteur has received reports of
widespread and systematic human rights violations, including summary executions, torture,
forced labour practices, sexual violence and recruitment of child soldiers. These violations have
not been investigated and their authors have not been prosecuted. Victims have not been in a
position to assert their rights and receive a fair and effective remedy.
38.
The Special Rapporteur regrets that in the discussions in the Commission on Human
Rights and in the General Assembly the Myanmar authorities have preferred to deny the
allegations and to denounce the accuracy of the Special Rapporteur’s findings. As the
Government has not invited the Special Rapporteur to visit Myanmar, he cannot be blamed for
not having been able to verify the accuracy of these allegations.
39.
As the Special Rapporteur noted: “The mob attack targeting Aung San Suu Kyi in
November 1996 and the brutal Depayin massacre in May 2003 are striking examples of the
culture of impunity prevailing in the country. In spite of several appeals, including by the
Special Rapporteur, the Government of Myanmar did not investigate these cases and have not
brought those responsible to justice” (ibid., para. 28).
40.
Under international law, Myanmar has an obligation to thoroughly investigate grave
violations of human rights, to prosecute those responsible for their perpetration and, if their guilt
is established, to punish them. This means that those responsible for human rights violations
must stand trial and that victims must obtain reparations.
41.
Another noteworthy illustration of the consistent and continuing pattern of impunity is
the high number of allegations of sexual violence against women and girls committed by
members of the military that have been regularly documented since 2002. In 2006, the Special
Rapporteur received information about 30 cases of rape of Chin women. In late November 2006,
he received additional reports of abuses by the military, including sexual abuses, and their
impact in Kayin State. As noted by the Special Rapporteur: “This trend of sexual violence is
particularly alarming, bearing in mind that the figures provided are likely to be far lower than the
reality as many women do not report incidents of sexual violence because of the trauma attached
to it. Moreover, some reports may also not have reached the Special Rapporteur, as information
on human rights abuses in these areas is mainly collected from refugees arriving at the
Thai-Myanmar border” (ibid., para. 30). The Special Rapporteur is not aware of any initiatives
by the Government of Myanmar to look into these serious human rights abuses with a view to
identifying the perpetrators and bringing them to justice. The failure to investigate, prosecute
and punish those responsible for rape and sexual violence has contributed to an environment
conducive to the perpetuation of violence against women and girls in Myanmar. As the
Government has denied the Special Rapporteur access to Myanmar, he was not in a position to
verify these allegations.
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