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A/HRC/56/CRP.8 50. Myanmar also lacks fundamental legal protections for LGBT people. Section 377 of the Penal Code, inherited from British rule in Myanmar, criminalizes consensual same-sex sexual conduct, characterized as “carnal intercourse against the order of nature,” with a penalty of up to 10 years’ imprisonment.42 Other colonial era laws, including the Police Act, provide security authorities with broad and arbitrary power to police LGBT communities in the evenings and at night under the guise of the “prevention and detection of crime.” Article 348 of the 2008 Constitution prohibits discrimination against any citizen based on “race, birth, religion, official position, status, culture, sex and wealth” but does not include sexual orientation or gender identity as a protected category. Myanmar lacks anti-discrimination legislation and recognition of sex change. The criminalization of LGBT communities put them at great risk of harassment, arrest, and imprisonment at the hands of security forces. C. Progress on the rights of women, girls, and LGBT people prior to the military coup 51. During the decade of relative political openness leading up to the 2021 military coup, civil society and political advocacy organizations had unprecedented opportunities to advocate directly to the government. Although women continued to face widespread discrimination and challenges in meaningful political participation, advocates for gender equality helped spur legislative and policy reforms and shift public perceptions regarding women’s rights and political inclusion. 52. Prior to the coup, the Myanmar government was in the process of developing and implementing important policies related to gender issues. The National Strategic Plan for the Advancement of Women aimed to advance gender equality in line with the twelve priority areas of the 1995 Beijing Platform for Action, including commitments to improve women’s economic opportunities, healthcare access and health outcomes, and equal political participation and leadership. The military coup effectively ended progress towards the implementation of these policies.43 53. A draft Prevention of Violence against Women Law was being considered by Parliament at the time of the coup, with women’s groups and human rights activists advocating to bring the draft into line with international standards.44 Its passage would have 42 43 44 The Denmark-Myanmar Programme on Rule of Law and Human Rights and the International Commission of Jurists, “In the shadows: Systemic injustice based on sexual orientation and gender identity/expression in Myanmar,” 8 November 2019, https://www.icj.org/wpcontent/uploads/2019/11/Myanmar-In-The-Shadows-Advocacy-Report-2019-ENG.pdf. Myanmar Ministry of Social Welfare, Relief and Resettlement, United Nations, and the Asian Development Bank, “Gender Equality and Women’s Rights in Myanmar: A Situation Analysis,” 2016, https://www.adb.org/sites/default/files/institutional-document/199701/gender-equalitywomens-rights-myanmar_0.pdf; Nathalie Ebead and Atsuko Hirakawa, “Inclusion and Gender Equality in Post-Coup Myanmar: Strategies for Constitutional and Democratic Reform,” International IDEA, May 2022, https://www.idea.int/sites/default/files/publications/inclusion-and-gender-equalityin-post-coup-myanmar-CAWE4_0.pdf. Global Justice Center, “Myanmar’s Proposed Prevention Of Violence Against Women Law – A Failure to Meet International Human Rights Standards,” 13 August 2020, https://wordpress-5373122488108.cloudwaysapps.com/temp-uploads/2020/07/20200710_MyanmarPOVAWlawAnalysis.pdf; The Independent International Fact-Finding Mission on Myanmar, Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts, UN Doc. A/HRC/42/CRP.4, 22 August 2019, https://www.ohchr.org/sites/default/files/Documents/HRBodies/HRCouncil/FFMMyanmar/sexualviolence/A_HRC_CRP_4.pdf; Committee on the Elimination of Discrimination against Women, Consideration of reports submitted by States parties under article 18 of the Convention: Myanmar, 2 March 2015, https://www.refworld.org/reference/statepartiesrep/cedaw/2016/en/110822. 15

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Courage amid crisis: gendered impacts of the coup and the pursuit of gender equality in Myanmar

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Human Rights Council

Date Published: Aug 1, 2024

Abstract: The 1 February 2021 military coup precipitated an unprecedented human rights and humanitarian crisis in Myanmar. Armed conflict, displacement, economic collapse, hunger, and the junta’s gross human rights violations threaten the lives and well-being of people in every corner of the country. Women, girls, and LGBT people are severely and uniquely impacted by this crisis, yet these impacts are all too often obscured and ignored by the international community. This conference room paper seeks to shed light on the gendered impacts of the coup and the Myanmar military junta’s gross human rights violations. It has been made possible by the guidance, testimony, and insights of those who are working courageously and tenaciously to address these challenges. They have made it clear that while women and LGBT people have suffered enormously, they are playing a critical role as human rights defenders and leaders in the resistance movement. The threat of sexual and gender-based violence is a dark shadow that follows women, girls, and LGBT people throughout Myanmar. Junta forces have committed widespread rape and other forms of sexual violence, often characterized by the utmost cruelty and dehumanization. Members of resistance forces have also been responsible for abuses against women, girls, and LGBT people. Accountability for sexual and gender-based violence is extremely rare, and survivors struggle to access the support they need. Displacement, financial distress, and the lack of access to education and health care have caused many women and girls to adopt negative coping strategies, increasing their vulnerability to violence, human trafficking, early or forced marriage, and sexual exploitation. Rohingya women, girls, and LGBT people face heightened risks rooted in the systematic denial of citizenship and basic human rights. The Special Rapporteur urges the international community to significantly increase support for women, girls, and LGBT people in Myanmar and work to ensure accountability for crimes committed against them.

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Courage amid crisis: gendered impacts of the coup and the pursuit of gender equality in Myanmar

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