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UN Secretary-General: Burma: ‘High level of impunity’ for sexual violence by ‘state actors’

April 29, 2015 All News, Crimes Against Humanity, Rape and Sexual Violence, The United Nations and Burma

UN Secretary-General Ban Ki-moon has stated that there is: ‘a high level of impunity for conflict-related sexual violence perpetrated by State actors’ in a recently released report to the UN Security Council. The UN Secretary-General urged the government of Burma “…to ensure that security personnel accused of such crimes are prosecuted.” The report also stated that there is a ‘a lack of transparency in military courts.’

The report ‘Conflict-related sexual violence – Report of the Secretary-General’ is published annually. Last year, the UN Secretary-General made a similar call urging the Government of Burma “…to fully investigate and respond to current and historical human rights violations and abuses, including crimes of sexual violence…”.

Burma Campaign UK welcomes the UN Secretary-General’s continued highlighting of the widespread sexual violence in Burma, but is disappointed that he has not taken any practical action to end impunity, such as supporting the establishment of a UN Commission of Inquiry into rape and sexual violence in Burma. The Secretary-General is aware that the government of Burma will not investigate its own crimes.

The Burmese Army continues to pursue a policy of rape as a weapon of war against ethnic women and girls where their soldiers enjoy guaranteed impunity. As noted in the UN Secretary-General’s report, “Information verified by the United Nations indicates that sexual violence remains widespread in Kachin State, where armed conflict continues, as well as in northern Shan and Rakhine States and areas subject to ceasefire agreements in Chin State and the south-east of the country.”

Women’s groups from Burma also continue to highlight rape and sexual violence cases. Recent cases include the brutal raping and killing of two ethnic Kachin teachers, Maran Lu Ra and Tangbau Hkawn Nan Tsin by Burmese Army soldiers, in January. Although the government of Burma endorsed the Declaration of Commitment to End Sexual Violence in Conflict in June 2014, it appears to have taken no steps to implement the declaration. Instead, the Burmese government continues the culture of impunity, as well as intimidating and arresting women activists.

That is why Burma Campaign UK is calling for an independent international investigation into widespread sexual violence in Burma.

“We welcome the UN Secretary-General continuing to highlight the issue of sexual violence in Burma and his call for the prosecution of those perpetrators”, said Zoya Phan, Campaigns Manager at Burma Campaign UK. “Given the fact that the Burmese government is ignoring the previous call for action by the UN Secretary-General, and will never take action to investigate its own sexual crimes, Ban Ki-moon is allowing continued impunity by failing to support an international investigation into these human rights violations”.

The UN Secretary-General’s 2015 report on conflict-related sexual violence is available here.

 

Note to editor: From the report ‘Conflict-related sexual violence – Report of the Secretary-General’

Myanmar

41. Information verified by the United Nations indicates that sexual violence remains widespread in Kachin State, where armed conflict continues, as well as in northern Shan and Rakhine States and areas subject to ceasefire agreements in Chin State and the south-east of the country. Intercommunal fighting in Rakhine State has placed Muslim women in particular in a precarious position owing to restrictions on movement and lack of services. Recent reports by women’s groups indicate that sexual violence perpetrated by members of the armed forces continues, with 14 cases of gang rape and attempted sexual assault documented between January and June 2014. Reports further suggest that the resurgence of conflict and resulting civilian displacements have heightened the risk of sexual violence. Forced marriages of women and girls have been reported as well as cross-border trafficking for the purpose of sexual exploitation, exacerbated by poverty and the breakdown of community structures. Since early 2014, there has been a marked increase in dangerous migration practices and a surge in the trafficking of adolescent girls as well as an increase in the incidence of sexual violence in areas affected by the crisis. However, reporting of such cases is impeded by gaps in service coverage as well as a requirement that medical care providers share information with the authorities, which compromises confidentiality. Factors exacerbating sexual violence in ethnic areas include the protracted conflict over land and resources, the wide availability of illegal drugs and the close proximity to civilian population centres and internally displaced persons camps of military bases of all the parties to conflict.

42. The transition process in Myanmar has presented an opportunity for advancing women’s rights and the Government’s endorsement of the Declaration of Commitment to End Sexual Violence in Conflict in June 2014 and the development of specific legislation on violence against women are promising signs. Nevertheless, during 2014 there continued to be a high level of impunity for conflict-related sexual violence perpetrated by State actors and a lack of transparency in military courts. While the Government has adopted a zero-tolerance policy for sexual misconduct by its military personnel, successive Special Rapporteurs of the Human Rights Council on the situation of human rights in Myanmar have recommended that the Constitution be amended to ensure that security forces are subject to the rule of law and civilian oversight. In 2014, the Government prosecuted two perpetrators of rape who were members of the military: one Tatmadaw soldier received a 13 –year sentence for the rape of a 14-year-old girl and the other was sentenced to life imprisonment for rape. While these are promising first steps, legal recourse needs to be available uniformly and systematically and must become a better-known part of an overall culture of redress in Myanmar. For example, the family of a 10-year-old girl who was raped by a soldier in early 2015 was induced by the army to accept a financial settlement and to sign a statement that they would not prosecute the offender.

Recommendation

43. I urge the Government of Myanmar to continue with its reform agenda and, in the process, take practical and timely actions to protect and support survivors of conflict-related sexual violence and to ensure that security personnel accused of such crimes are prosecuted. Sexual violence should be an element in all ceasefire and peace negotiations, excluded from the scope of amnesty provisions and addressed in transitional justice processes. It is critical that women be able to participate consistently in and influence these processes.

 

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