Topics and Briefings

Human Rights Council (HRC)

Topic 2: Myanmar: State-Sanctioned Rape as a Weapon of War

Political History and Background

After 62 years of colonial rule under the British, Burma gained its independence in 1948. Its brief but fledging experience with democracy post-1948 came to halt in 1962 when Ne Win a military commander became the self-appointed head of state. His rule however was to last only until 1988. That year, marked an important date for Burmese history from then on to as it remains today. In 1988 the military deposed Ne Win and a military junta claimed control of the government. They called themselves the State Peace and Development Council (SPDC). Under this new regime, Burma's official name was changed to Myanmar and genuine democratic practices ceased to be practiced. While this by itself drew much fire from the international community, a specific issue that has been highlighted for how blatantly it is disregarded by the government is that of human rights. Among those violations are detention of people without trial, forced labour, violent repression of opposition of any sort, persecution of ethnic minorities (who make up 30% of the 48 million people in the country), state-sanctioned rape and torture by military personnel.

Rape in Warfare

In areas where the military has actively waged war against ethnic minorities, sexual violence in all forms has been employed as a tool of control. A report released in 2002 called The License to Rape documented incidences of rape and torture in the Shan district of Burma where an ethnic group by the same name resides. According to the report "sexual violence has been common … since the Burmese military began operations against ethnic resistance forces" and that its practice is "officially condoned by the military authorities". The reports also express the concern that these violations are going unnoticed by the international community that has been distracted by other "political developments" in Burma. Similarly another report released by Refugees International entitled No Safe Place: Burma's Army and the Rape of Ethnic Women articulate many of the same concerns.This said the issue has continued to attract considerable attention in part due to both Burmese and International women's groups. Additionally there have been calls for the international community to pressure the Burmese government to show greater respect for human rights and hold those perpetrators accountable for the crimes committed.

Myanmar and the UN

Grave as these concerns already are, what makes these issues doubly distressing is that fact that Myanmar is a signatory of a number of important human rights conventions such as the Fourth 1949 Geneva Convention relative to the Protection of Civilians in Times of War and the 1948 Universal Declaration of Human Rights. There have been a number of resolutions passed by the Human Rights Council to address the human rights situation in Myanmar, including the most one in December 2008 that expressly addresses the issue of rape without impunity. There have also been attempts by the Security Council to pass resolutions concerning the state of human rights in Myanmar. The most recent (and failed) attempt took place in 2007. The issue however has not yet been tabled and efforts to address the issue remain alive.

Questions to Consider

  • What steps should be taken by the Human Rights Council in response to this specific issue?

  • What steps should be taken by the International Community when a country so blatantly transgresses the principles embodied in documents such as the Universal Declaration of Human Rights?

  • What steps can the international community take ensure that the rights of both ethnic groups and women are respected in Myanmar?

  • What can the international community do to combat state-sanctioned violence without further exacerbating the situation of ethnic minorities?

  • How can those responsible for the crimes of rape and torture be brought to justice?

  • Are there specific things that need to be kept in mind while engaging with authoritarian regimes like the SPDC?

Recommended Resources

Batha, Emma. "Myanmar army raping with impunity, say Karen activists." Reuters Foundation. 2008. October 22, 2009.

Blume, Klaudia. "Burma: Rights Activist Says State-Sanctioned Rape Widespread in Burma." VOA News. 2008. October 22, 2009.

Bureau of East Asian and Pacific Affairs. "Background Note: Burma." U.S. Department of State. 2009. October 22, 2009.

Central Intelligence Agency. "The World Factbook: Burma." CIA. 2009. October 22, 2009.

Office of the High Commission for Human Rights. "Myanmar Documents." Office of the High Commission for Human Rights. 2008. October 22, 2009.

Pinhiero, Paulo Sergio. "End Burma's System of Impunity." NYTimes. 2009. October 22, 2009.

Refugees International. "No Safe Place: Burma's Army and the Rape of Ethnic Women." Refugees International. 2003. October 22, 2009.

Shan Human Rights Foundation & Shan Women's Action Network. "License to Rape: The Burmese Military Regime's Use of Sexual Violence in the Ongoing War in Shan State." October 22, 2009 2002. 2009.

U.S. Campaign for Burma. "Activists Urge Governments to Act on Rape, Crimes in Burma at Upcoming United Nations Meetings." U.S. Campaign for Burma. 2009. October 22, 2009.

UN Security Council. "Resolution 1820 (2008): Women and Peace and Security." United Nations. 2008. October 22, 2009.

United Nations. "Myanmar UN Documents." United Nations. 2009. October 22, 2009.

---. "The Universal Declaration of Human Rights." United Nations. 2009. October 22, 2009 <http://www.un.org/en/documents/udhr/>.