Human Rights Council: On Accountability for Crimes in Myanmar, LAW Statement

HUMAN RIGHTS COUNCIL 55th REGULAR SESSION

Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar, Tom Andrews   

Statement by Legal Action Worldwide (LAW)

19 March 2024 

Mr. Special Rapporteur,

More than three years have passed since the junta’s unlawful coup, and nearly seven years since the Myanmar military’s “clearance operations” against the Rohingya. 

However, as noted in your report today, the Myanmar military continue to commit human rights violations, frequently amounting to international crimes, with impunity.   

Of particular concern is the ongoing sexual violence – a hallmark of the Myanmar military for decades – which not only affects survivors at an individual level but has a long-lasting impact on their relations with their family, and communities as a whole.  

Legal Action Worldwide’s recent research found reasonable grounds to believe that the SGBV committed against the Rohingya men, women, and the hijra – in light of its enduring impact – constitutes the crime of genocide under international law. The scale, brutality, and public nature of the violence has led to symbolic emasculation in the Rohingya community, survivors’ inability to lead normal and constructive lives, and long-term negative impacts.  

Yet perpetrators continue to evade accountability.  

Human Rights Council members, we have two recommendations:  

1. SGBV must be a key part of any legal intervention and prosecutorial strategy to hold Myanmar accountable – this should include an ICC referral by State Parties and/or the UN Security Council; and 
2. Long term funding for sexual and reproductive health services and psychological support for survivors across genders must be prioritized urgently. 

Mr. Special Rapporteur –  How can civil society further support the people of Myanmar and ensure accountability for atrocity crimes, including CRSV ?  

Thank you for your attention.