CONCLUSION
CONCLUSION
Evidence in this report has revealed that the Burmese military regime is using rape on a systematic and widespread scale as a 'weapon of war' against the ethnic populations in Shan State. It has also illustrated that the increased militarization of the region has greatly increased the vulnerability of women and girls to rape. Examining the jurisprudence from the ICTY and ICTR on sexual violence as an international crime, illustrates there is a strong case that war crimes and crimes against humanity are being committed by the Burmese army in Shan State.
The rape survivors have no recourse either to legal processes, or to any crisis support inside Shan State. Those fleeing to Thailand are also denied their right to protection and humanitarian assistance, and are liable to deportation at any time.
Clearly, the main reason why the Burmese army is able to continue to commit rape on such a systematic and widespread scale with impunity is that most of Shan State, particularly the zones of conflict, is closed off to the outside world. International human rights monitors entering Burma are not allowed into these areas, and in other areas are kept under close scrutiny by the regime. Thus, the only way that news can reach the outside world is across the borders. However, the regime continually seeks to discredit any reports from the border areas, dismissing them as coming from sources linked to "insurgents." Regrettably, some members of the international community, without coming to the borders to verify the stories of the refugees, are increasingly choosing the give the regime the benefit of the doubt. Some foreign governments are now beginning to soften their stance on the regime, and to encourage aid and investment, ignoring the ongoing civil war, and the continuing widespread atrocities being committed against civilians in the ethnic areas.
International pressure must be maintained on the regime to force it to begin meaningful dialogue not only with the democratic opposition led by Aung San Suu Kyi but also with the ethnic opposition. Unless a nationwide ceasefire is called, and political dialogue addressing the country's ethnic issues started, the civil war will continue, and the nightmare of violence in Burma's ethnic areas will continue unabated.
There is no doubt that the context of the war is the direct cause of the levels of sexual violence occurring today. It is urgently needed to end the war, demilitarize the ethnic areas, and restore democracy and the rule of law, so that women and children can begin to be protected from sexual violence.
Given the gender inequalities prevalent in Shan State, we are under no illusion that sexual violence will end completely once the war has ended, but for women to advocate for their rights an essential prerequisite is democratic governance and the rule of law. Only upon this basis will it be possible to work towards the complete end of discrimination against women in our society.
We 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 allow the participation of representatives of non-Burman ethnic nationalities in the contacts with Daw Aung San Suu Kyi, which would facilitate broad-based and inclusive national reconciliation and the restoration of democracy; |
| 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 minorities 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 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. |

