Sexual Viiolence and Rape

UN actors highlighted the long-term nature and severity of such violations which the military forces commit as a means of controlling the civilian population...reported violations of sexual violence constitute international crimes.

all documented cases of rape received up until August 2003 committed by the Tatmadaw soldiers. no action was reportedly taken. gang rape was a common practice.

Myanmar Rapporteur received reports in 2004, 2005 and in 2006 about rape against Chin women in western Burma and in Pegu Division.

rape, perpetrated by members of the armed forces against rural ethnic women, including, the Shan, Mon, Karen, Palaung, and Chin. No mechanisms to bring perpetrators to justice.

The Torture Rapporteur stated sexual violence, as "punishment" for allegedly supporting ethnic armed groups. the authorities sanction violence against women and girls as a means of terrorizing and subjugating the population.

Myanmar Rapporteur said he was unaware of any initiatives by the Burmese government to look into such abuses in order to identify the perpetrators and bring them to justice. 61% of the rape incidents involved gang rapes.

in 2008 CEDAW observed victims of sexual violence are forced, under the law, to report to the police immediately, prior to seeking health care, and as a consequence such victims choose to not seek health, psychological and legal support.

the Myanmar Rapporteur stated that it was "wholly unacceptable" that victims lodging complaints to the authorities find no avenue for address, but are instead at risk of reprisals. the Torture Rapporteur noted that those who do complain if they do not retract their complaint, they would be subjected to more violence." he documented the Burmese military actively preventing external actors from investigating rape cases. The authorities threatened Shan villagers not to testify against their troops and sent out military intelligence officers to track down rape survivors.

Military officers threatened to cut the tongues and slit the throats of anyone who dare to speak to the ICRC delegations about human rights abuses committed by the military troops. The population was similarly threatened when a delegation from Amnesty International visited Burma in January 2003.

Many women do not report incidents of trauma, and the Myanmar Rapporteur also had limited access to areas where violence occurred. The UN actors have described the levels of sexual violence as widespread. The Myanmar Rapporteur received reports of “widespread and systematic” abuse, which included sexual violence.

An analysis of the UN documents that report on sexual violence in eastern Burma should lead the UN Security Council to mandate the creation of a Commission of Inquiry mandated to further investigate the nature and extent of the violations. The UN has evidence from its own actors that the military forces perpetration of prohibited acts of sexual violence and rape in Burma constitute either crimes against humanity prohibited by Article 7 or war crimes prohibited by Article 8 of the Rome Statute.

the UN documents emphasize the culture of impunity surrounding the reported sexual violence by the military. This impunity has made sexual violence acceptable, and UN actors have criticized the government for its failure to investigate and prosecute those responsible.

The Myanmar Rapporteur in 2006 said that "the failure to investigate, prosecute and punish those responsible for rape and sexual violence has contributed to an environment conducive to the perpetration of violence against women and girls in Myanmar." Culture of impunity.

Burma 101 - Crimes Against Humanity