Seeking justice beyond borders for victims and survivors of sexual violence in Myanmar

July 3rd, 2023  •  Author:   Progressive Voice  •  10 minute read
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 Despite worsening threats to life and safety imposed by the terrorist military, women in Myanmar remain resolute and determined in their pursuit of justice. Women’s organizations have been fighting to ensure women’s voices are heard and they are afforded justice and accountability for the military junta’s systematic and widespread violations of women’s rights and to end the military’s decades-long use of rape as a weapon of war.

On the occasion of the International Day for the Elimination of Sexual Violence in Conflict, women in Myanmar asserted the need for justice and accountability regarding sexual and gender-based violence (SGBV) in conflict situations that have thus far remained elusive. Women’s rights groups marked the decades-long SGBV inflicted upon women from ethnic communities as well as for all the victims and survivors terrorized by the junta after the attempted coup, issuing statements and hosting discussions.

SGBV in conflict did not begin in Myanmar over the past two years since the military’s failed coup, and it will not cease even if the revolution is triumphant. Women’s groups called on the international community, including national government institutions and international justice mechanisms, to exert pressure and actively advance justice and accountability, work towards holding the Myanmar military — the perpetrators of sexual and gender-based crimes — to account, and provide remedies and reparation for victims and survivors.

As part of its nefarious plan to seize power, the junta has inflicted immense pain and suffering on women and girls and employed SGBV as a means to dehumanize and diminish the identity and the struggle of ethnic communities. The Burmese Women’s Union has reported 59 cases of sexual violence documented since the attempted coup in five areas: Karenni State, and Sagaing, Magwe, Bago, and Ayeyarwaddy Regions. Meanwhile, the National Unity Government’s Ministry of Women, Youth and Children Affairs (MoWYC) released a report detailing 117 sexual violence cases that have occurred across the country since the attempted coup. In the recent junta’s attack in Moebye Township, Shan State, two women were raped and killed among 33 slain civilian. Such heinous crimes have long been committed by the Myanmar military against ethnic minority communities and the number of cases is likely higher, unreported due to difficulties in documenting in conflict areas. The same pattern of crimes has been repeatedly committed against ethnic minorities by the same military with total impunity, yet has further been escalated against all civilians throughout the country since the attempted coup.

Despite worsening threats to life and safety imposed by the terrorist military, women in Myanmar remain resolute and determined in their pursuit of justice. Women’s organizations have been fighting to ensure women’s voices are heard and they are afforded justice and accountability for the military junta’s systematic and widespread violations of women’s rights and to end the military’s decades-long use of rape as a weapon of war. Throughout this time, the security and safety of survivors of SGBV are at significant risk of retaliation, including arbitrary detention and abuse as a result of their efforts to speak out and seek justice. Furthermore, destruction of evidence of SGBV, such as killing and burning of bodies, has been a horrifically disturbing tactic employed by the Myanmar military to conceal its grave human rights violations against women.

Women activists, women human rights defenders and CDMers who have been arbitrarily arrested, detained and sentenced throughout the military’s attempted coup lack legal protection and civic space, and face a toothless judiciary under the control of the junta. Meanwhile, women in areas of military’s scorched-earth campaign face targeted attacks including rape, torture and murder. The junta has imposed numerous restrictions on legal proceedings and denied victims their rights to due process and a fair trial. Human Rights Watch reported that criminal defense lawyers are often targeted, and some have been subjected to ill-treatment and torture, further depriving women of access to justice. For example, a well-known rights defender lawyer, Ywet Nu Aung, who has been representing victims of political persecution, was sentenced to 15 years in prison with hard labor at Obo Prison in April 2022. There is no chance to obtain protection by law or pursue justice for the victims and survivors of sexual violence or other forms of violations perpetrated by the military while the junta is attacking lawyers with intimidation, arrest and imprisonment.

Sexual violence is not a by-product of conflict; rather, it is a result of the culture of impunity that the Myanmar military has enjoyed for decades while carrying out its campaigns of ethnic cleansing and hostilities entrenched in different layers of society. The Independent International Fact-Finding Mission on Myanmar’s report in 2019 verified that rape and other forms of sexual violence have been an egregious and recurrent feature of the Myanmar military’s targeting of civilian population in Kachin, Rakhine and Shan States since 2011.

In the fight to end impunity, women have been at the forefront of the struggle for justice and freedom with their decisive leadership and determined participation, striving against male-dominated, chauvinistic society and institutions further entrenched by the military impunity. However, the international community has been failing to protect women in conflict situations. Despite UN Security Council Resolution 1325 on women, peace and security, pledging to protect women from violence and strengthen their rights, and UNSC Resolution 2669 on Myanmar that calls for an end to violence, the international community’s political will to actually fulfill their obligations and implement these resolutions is severely lacking. All possible routes to legal accountability for all the victims of SGBV and the junta’s atrocity crimes must be pursued. This includes working together with women’s and civil society organizations in order to prosecute and punish the perpetrators. Without achieving justice and holding perpetrators to account, there will be no guarantee for protection, no program for comprehensive reparation and rehabilitation for the survivors, and thus no end to the military’s impunity. The international community must support ongoing efforts by Myanmar’s civil society and women organizations as they continue to strive to end the military’s tyranny and impunity and establish a federal democratic union that ensures the rule of law and access to justice for all by all.

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[1] One year following the 1988 pro-democracy uprising, the former military junta changed the country’s name from Burma to Myanmar overnight. Progressive Voice uses the term ‘Myanmar’ in acknowledgement that most people of the country use this term. However, the deception of inclusiveness and the historical process of coercion by the former State Peace and Development Council military regime into usage of ‘Myanmar’ rather than ‘Burma’ without the consent of the people is recognized and not forgotten. Thus, under certain circumstances, ‘Burma’ is used.


Resources from the past week

actions

Statements and Press Releases

End military junta’s crimes to halt mass displacement: Support local responders for effective humanitarian assistance

By Burmese Rohingya Organisation UK, Chin Human Rights Organization, Human Rights Foundation of Monland, Kachin Women’s Association Thailand, Karen Human Rights Group, Karen Peace Support Network, Karen Women’s Organization, Karenni Civil Society Network, Karenni National Women Organization, Progressive Voice, RW Welfare Society

Myanmar: Thailand’s one-sided approach to the Myanmar crisis must end

By FORUM-ASIA, Commission for Disappeared Persons and Victims of Violence – KontraS

Sweden must act to stop Indian arms sales to Myanmar military

By Justice For Myanmar

JFM welcomes US sanctions on junta banks and defence ministry

By Justice For Myanmar

Indian state-owned arms company exported over $5 million in equipment to Myanmar military in 6 months to April 2023, supporting terror campaign

By Justice For Myanmar

ASEAN’s planned military exercises led by Myanmar junta and Russian regime will deepen its complicity in the junta’s international crimes

By Justice For Myanmar

Statement of World Refugee Day 2023

By Karen Human Rights Group

Open Letter To: Mr. Pita Limjaroenrat, leader of Move Forward Party and Prime Minister-designate

By Karen Peace Support Network

Survivors of sexual and gender based violence in Myanmar need protection and accountability

By Legal Action Worldwide

Statement from #Milk TeaAlliance Friends of Myanmar Calling on Thailand’s Caretaker Government to Cancel the Track 1.5 Talks

By Milk Tea Alliance Friends of Myanmar

Australia Urged To Follow Suit As US Increases Pressure On Myanmar Regime

By Myanmar Campaign Network

Panel discussion on durable solutions to the Rohingya crisis and to end human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar

By National Unity Government (Ministry of Human Rights)

Statement on United States Department of the Treasury’s Announcement of Sanctions Against the Junta’s Ministry of Defence, and its controlled Myanma Foreign Trade Bank and Myanma Investment and Commercial Bank

By National Unity Government (Ministry of Foreign Affairs)

Statement of National Unity Consultative Council (NUCC) on China’s Approach related to Myanmar Issue

By National Unity Consultative Council

Concern for President U Win Myint’s Well-being

By National Unity Government (Ministry of International Cooperation Myanmar)

UN expert urges coordinated action by Indonesia and other nations to address Myanmar crisis

By Office of the United Nations High Commissioner for Human Rights

Durable solutions to the Rohingya crisis in Myanmar

By Office of the United Nations High Commissioner for Human Rights

Myanmar Authorities Must Ensure Full Legal Recognition of the Right to Citizenship of All Rohingya People, Deputy High Commissioner tells Human Rights Council – Council Concludes Interactive Dialogue with the High Commissioner on his Annual Report

By Office of the United Nations High Commissioner for Human Rights

Treasury Sanctions Burma’s Ministry of Defense and Regime-Controlled Financial Institutions

By United States Department of the Treasury

End of Mission Statement Thomas Andrews United Nations Special Rapporteur on the situation of human rights in Myanmar Jakarta, Indonesia

By United Nations Special Rapporteur on the situation of human rights in Myanmar

Sanctioning Two State-Owned Banks and the Ministry of Defense for the Burma Military Regime’s Atrocities

By United States Department of State

Statement on the International Day for the Elimination of Sexual Violence in Conflict

By Women’s Peace Network

International Day for the Elimination of Sexual Violence in Conflict

By Women Advocacy Coalition Myanmar

အပြည်ပြည်ဆိုင်ရာ ပဋိပက္ခအတွင်း လိင်ပိုင်းဆိုင်ရာ အကြမ်းဖက်မှု ပပျောက်ရေးနေ့ – အမျိုးသမီးများနှီးနှောဖလှယ်ပွဲ ထုတ်ပြန်ကြေညာချက်

By Women’s League Of Burma

reports

Reports

Sexual Violence Against Women under the Political Instability

By Burmese Women’s Union

Camp Closures: Current Status (April 2023)

By Center for Operational Analysis and Research

Brief for EU politicians on the MADE in Myanmar Programme

By IndustriALL Global Union

Summary of SAC human rights violations in Karenni State and Pekhon Township (Jun 5 – 18, 2023)

By Karenni Civil Society Network

Flower Strike Movement Which Alarms The Junta – Issue 109

By Myanmar Peace Monitor

Ministry of Human Rights – HRC53: Briefing paper on the human rights situation of the Rohingya

By National Unity Government (Ministry of Human Rights)

Burma: Violence-Driven Displacement Increases Since 2021 Military Coup

By US Department of State Humanitarian Information Unit

Myanmar: Cyclone Mocha Situation Report No.5 (As of 16:00 15 June 2023)

By United Nations Office for the Coordination of Humanitarian Affairs


Progressive Voice is a participatory, rights-based policy research and advocacy organization that was born out of Burma Partnership. Burma Partnership officially ended its work on October 10, 2016 transitioning to a rights-based policy research and advocacy organization called Progressive Voice. For further information, please see our press release “Burma Partnership Celebrates Continuing Regional Solidarity for Burma and Embraces the Work Ahead for Progressive Voice.”