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EXECUTIVE SUMMARY

by admin last modified 2005-05-18 16:17

EXECUTIVE SUMMARY


This report details 173 incidents of rape and other forms of sexual violence, involving 625 girls and women, committed by Burmese army troops in Shan State, mostly between 1996 and 2001. It should be noted that due to the stigma attached to rape, many women do not report incidents of sexual violence. Incidents may also not have reached SHRF, as information on human rights abuses in Shan State is gained from refugees arriving at the Thai-Burma border. Therefore the figures in this report are likely to be far lower than the reality. 

The report reveals that the Burmese military regime is allowing its troops systematically and on a widespread scale to commit rape with impunity in order to terrorize and subjugate the ethnic peoples of Shan State. The report illustrates there is a strong case that war crimes and crimes against humanity, in the form of sexual violence, have occurred and continue to occur in Shan State.

The report gives clear evidence that rape is officially condoned as a 'weapon of war' against the civilian populations in Shan State. There appears to be a concerted strategy by the Burmese army troops to rape Shan women as part of their anti-insurgency activities. The incidents detailed were committed by soldiers from 52 different battalions. 83% of the rapes were committed by officers, usually in front of their own troops. The rapes involved extreme brutality and often torture such as beating, mutilation and suffocation. 25% of the rapes resulted in death, in some incidences with bodies being deliberately displayed to local communities. 61% were gang-rapes; women were raped within military bases, and in some cases women were detained and raped repeatedly for periods of up to 4 months. Out of the total 173 documented incidents, in only one case was a perpetrator punished by his commanding officer. More commonly, the complainants were fined, detained, tortured or even killed by the military.

Shan women are increasingly vulnerable to rape due to the increased militarization and anti-insurgency measures in Shan State by the Burmese regime, currently named the State Peace and Development Council (SPDC). The number of battalions in the state has nearly tripled since 1988. The majority of rape incidents were committed in the areas of Central Shan State where over 300,000 villagers have been forcibly relocated from their homes since 1996. Many rapes took place when girls or women were caught, usually searching for food, outside the relocation sites. Rapes also occurred when women were being forced to porter or do other unpaid work for the military, and when stopped at military checkpoints.

The report also explores some of the physical and mental effects of the rapes on the survivors, who suffered not only from the lack of legal redress for the crimes, but also the lack of any crisis support. Some survivors faced blame and rejection from their own families and communities. Many of the survivors decided to flee to Thailand after being raped. However, the lack of recognition of Shan refugees in Thailand means these survivors have no protection, no access to humanitarian aid or counselling services. They are thus vulnerable to exploitation and trafficking and are in constant danger of being deported into the hands of their abusers.

The SHRF and SWAN therefore make the following recommendations:

To the State Peace and Development Council:

1.

To immediately implement a nationwide ceasefire in order to stop increased militarization and anti-insurgency campaigns in the ethnic states;

2.

To begin tripartite dialogue with representatives of non-Burman ethnic nationalities and the democratic opposition on the country's political future;

3.

To respect fully their obligations under international humanitarian law, including article 3 common to the Geneva Conventions of 12 August 1949, to halt the use of weapons against the civilian population, to protect all civilians, including children, women and persons belonging to ethnic or religious minorities, from violations of humanitarian law;

4.

To respect fully their obligations under the ILO 1930 Convention concerning forced or compulsory labour (No. 29);

5.

To end the continuing violations of the human rights of women, in particular forced labour, forced relocations, abuse, torture, sexual violence, exploitation and abuse in detention and summary executions, often committed by military personnel and especially directed towards women who are returning refugees, internally displaced, or belong to ethnic groups or the political opposition;

6.

To put an end to the causes of the systematic forced displacements of persons and the flow of refugees to neighbouring countries and create adequate conditions for their safe and voluntary return and complete reintegration, to allow humanitarian personnel safe and unhindered access to assist their return and reintegration, and to address the problems of trafficking of women and children, especially in the border area;

7.

To fulfil its obligations under the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women by bringing national legislation and practice into conformity with these conventions, and to consider signing and ratifying the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, as well as the Optional Protocols to the Convention on the Rights of the Child;

8.

To implement fully the recommendations made by the Committee on the Elimination of Discrimination against Women, in particular the request to prosecute and punish those who violate the human rights of women;

To the Royal Government of Thailand

1.

To give protection to Shan civilians along the Thai-Shan border by allowing them to cross the border into Thailand and to access refugee camps and UNHCR.

2.

To allow Shan asylum seekers access to humanitarian aid agencies based in Thailand.

3.

To exercise particular caution in relation to the deportation of Shan migrant workers as many are genuine refugees.

4.

To not repatriate Shan women into the hands of the Burmese army.

5.

The governments of Thailand and Burma should allow the international community and UNHCR to participate in any discussions, negotiations and/or repatriation programs involving Burmese migrants. Such discussions must address the root causes for the outflow of migrant workers.

To the international community

1.

To not allow political developments in Burma to act as a 'smokescreen' on the continuing human rights violations occurring predominantly in the non-Burman ethnic nationality areas;

2.

To pressure the SPDC to fulfil the recommendations above, which are based on the Commission on Human Rights resolution 2002/67 on the 'Situation of human rights in [Burma]', and to withhold all forms of aid to the regime until irreversible changes are made towards democratic reform in Burma.

3.

To pressure UN agencies and international NGOs working in the ethnic states of Burma to publicly bear witness to the atrocities being committed by the SPDC against civilians in these areas, since their silence makes them complicit in these abuses.