The annual report of the United Nations Secretary-General on Conflict-related Sexual Violence for the year 2022, which includes country-specific descriptions of 17 countries including Myanmar, was released and the Security Council held the annual open debate on conflict-related sexual violence on 14 July 2023.
It is disappointing to observe that Myanmar Armed Forces (Tatmadaw) is listed yet again in the annexe of the report. Myanmar views it as an act of sheer politicization. The United Nations independent experts need to take into account the information provided by the State concerned and all information needs to be cross-checked to the best extent possible. However, the report not only deliberately excluded the information provided by the Government but also failed to verify the accuracy of the alleged cases with the concerned country.
Myanmar has been listed in the annexe of the annual report of the United Nations Secretary-General on Conflict-related Sexual Violence since 2018, based on the allegations of sexual violence that reportedly occurred in the Northern Rakhine State in 2017. Nonetheless, there is no concrete evidence to prove the perpetrators of such crimes. Yet the annual report contains unfounded allegations from anti-government sources without meaningful facts such as venue, date and time or any other relevant information to verify the alleged incidents. On the other hand, this year’s report informs about cases of sexual violence in the camps in Cox’s Bazar and how these cases are referred to male camp leaders who favour harmful dispute-resolution approaches. In fact, such cases have been prevalent unfortunately as rape cases against a total of over forty women by a camp leader were filed by six complainants from an IDP camp in Sittway earlier this year. The cases which were reportedly taken place between 2012 and 2022.
The report itself admits that no complaint was received but made its own conclusion as “underreported” based on speculations. Even though sexual violence cases committed by the terrorist group PDF went viral, failure to include such information makes the report further unbalanced. It is reported that four members of the so-called PDF raped and murdered a total of seven persons including four girls in August 2022 in Pekatoe village of Chaung Oo Township in Sagaing Region.
The report further misleads the international community by excluding a long list of measures taken by the Government to prevent conflict-related sexual violence. With the aim of delisting Myanmar from the annexe of the said report, the Joint Communique on Prevention and Response to Conflict-Related Sexual Violence was signed between Myanmar and the United Nations on 7 December 2018. The National Committee on Prevention and Response to Conflict-Related Sexual Violence was also established on 26 March 2019. The State Administration Council reconstituted the National Committee on 31 March 2021. The National Action Plan on Prevention and Response to Conflict-related Sexual Violence was adopted in June 2021 and the inputs provided by the Special Representative were appropriately incorporated in it. Myanmar also shared its National Action Plan with the Special Representative and progress in its implementation was also updated to her properly. The Action Plan has been extended to another year till 10 November 2023.
Myanmar is a society which traditionally and culturally opposes sexual violence in any form. It is well recognized that military personnel are strictly required to abide by the code of conduct as the offenders were punished to maximum sentences in accordance with a zero-tolerance policy. The Office of the Adjutant General issued a directive with letter No 1/85/727/Yay 3 (ga nge) dated 24 November 2021 to prevent conflict-related sexual violence. The instructions have been made known to all levels of the Tatmadaw which has been strictly monitoring the compliance of the instructions. The Office of the Judge Advocate-General and military academies have conducted a series of education trainings which includes inter alia, awareness raising for prevention of sexual violence. The trainings were participated by a total of over 43,000 military personnel in 2022.
In connection with the allegations against the detention centres, complaints can be filed with the respective Departments or the Myanmar National Human Rights Commission. The Commission has made a total of 41 prison visits from 2021 to May 2023 to inspect whether treatments are in line with the United Nations Standard Minimum Rules for the Treatment of Prisoners. In addition to the helpline phone established in 2016, Viber messages and Facebook channels were extended to file complaints on different forms of violence against women in January 2022. Moreover, five One Stop Women Support Centres (OSWSCs) have been established since 2017 and expanded to two States and Regions in 2021 and 2022. The OSWSCs provide necessary support including temporary shelter, legal aid and psychosocial support to survivors from gender-based violence. In the same vein, seven One Stop Crisis Centres (OSCCs) have been established by the Ministry of Health since March 2022 in seven general hospitals in four States and Regions to provide healthcare services.
It is also found out that Kyaw Moe Tun, a dismissed civil servant who has been facing a charge of high treason, participated in the said open debate and made a misleading statement. Myanmar registered its strong objection with relevant UN Offices against his participation and statement which does not represent the country. Myanmar also objects to some irresponsible and one-sided remarks by certain countries at the event.
Continued putting Myanmar on the list of the annexe of the report without any significant cases is a clear act of politicization and selectively targeting Myanmar. The unsoundness and unevenness of elements in the report are literal proof that the report is a mere attempt to discredit Myanmar on political grounds. Myanmar firmly believes that it should be delisted from the annexe of the report since the allegations cannot substantiate, perpetrators were given maximum penalties and domestic mechanisms are put in place to prevent conflict-related sexual violence.
National Committee on Prevention and Response to Conflict-Related Sexual Violence
25 July 2023
