There can be no real accountability in Myanmar if women remain on the sidelines

For decades, ethnic women in Myanmar have documented acts of sexual violence committed against them in the hopes that, one day, perpetrators will be held accountable for their crimes. They had reasons for hope as recently as five years ago, when the government of Myanmar endorsed the international Declaration of Commitment to End Sexual Violence in Conflict and Aung Sung Suu Kyi was elected the first woman leader of the country in a historic victory.

Today, violent conflict between military and ethnic groups remains as intense as ever, while wartime sexual and gender-based violence continues unabated and unpunished. 

The direct and later indirect rule by the military since 1962 has had a long-term effect on the lives of women in Myanmar. They expected their fundamental rights to be restored under the new quasi-civilian arm of government, led by Suu Kyi. Instead, the web of military presence and business interests in ethnic areas of the country continue to devastate ethnic women. 

In August, the United Nations Fact-Finding Mission on Myanmar released a report documenting cases of gang rape, sexual slavery, and other forms of sexual abuse in heavily-militarized areas in several states: Shan, Kachin, and Rakhine. Investigators found that sexual violence has become a regular tactic used against civilians by the Tatmadaw, the official name of the country’s armed forces.

For women’s rights groups in Myanmar, the findings of the report corroborated their own experiences and those of the communities they represent. During the decades of direct and repressive military rule, women’s access to health, education, and political power was incredibly restricted, particularly for women from rural and ethnic areas. In an era of economic expansion and supposed democratic reform, the voices of Myanmar’s women are still sidelined. The civilian government keeps silent to avoid antagonizing a military force that still holds all real power in the country. In February, the government of Myanmar refused to acknowledge several horrific crimes committed against ethnic minorities, especially women—despite overwhelming evidence. One colonel responded to an allegation of sexual violence against Rohingya women by asking, “Would anyone want to rape them?” 

Incredibly, the country’s constitution denies the right of victims of crimes committed by the Tatmadaw to access civilian courts. Instead, the Commander-in-Chief’s decisions in legal cases are “final and conclusive.” Even the Penal Code—which dates back to the late 1800s under British colonial rule—leaves the definition of rape ambiguous by, for example, including an undefined requirement of “penetration” as a component of “sexual intercourse,” which excludes other forms of forced sexual intercourse.

The constitution also leaves the civilian government with no jurisdiction over military matters. Any constitutional amendment requires the vote of more than 75 percent of parliament; conveniently, members of the Tatmadaw currently hold 25 percent of the seats.

Myanmar presents one of the world’s most difficult challenges to combating impunity, assisting victims, and reforming the institutions responsible for committing sexual violence and other crimes in conflicts. For years, women in Myanmar have called on the international community to intervene to put meaningful pressure on their human rights abusers. They are demanding an end to military control in the country and accountability for perpetrators of sexual violence and other egregious crimes against women.

It is past time that all of us listen. Just last week, major actions were taken at the International Criminal Court and the International Court of Justice to advance the process of accountability in Myanmar. The voices and experiences of Burmese women must be central to these processes, and a welcome first step to this end was taken at the International Court of Justice with feminist jurist Navi Pillay being appointed as ad hoc judge. 

Burmese women are critical to understanding a country whose people have endured systematic violence and repression for far too long. They can’t be forgotten.

Olivia Nightingale is a Program Officer for Civil and Political Rights and Humanitarian Response at American Jewish World Service.

Phyu Phyu Sann is the Senior Burma Researcher at the Global Justice Center.