A/HRC/56/CRP.8 public authorities and must also investigate, prosecute, apply appropriate legal or disciplinary sanctions, and provide reparations when sexual and gender-based violence occurs.5 They must also take all appropriate measures to prevent and remedy sexual and gender-based violence by non-State actors.6 27. The Committee on the Elimination of Discrimination against Women has emphasized that intersectionality is fundamental to understanding the scope of States parties’ obligations under CEDAW, stating that discrimination against women based on sex and gender is linked to other factors, including age, sexual orientation, and gender identity.7 The Committee has also elaborated on the obligations of States parties in situations of armed conflict, noting that although non-State actors cannot become parties to the Convention, “under certain circumstances, in particular where an armed group with an identifiable political structure exercises significant control over territory and population, non-State actors are obliged to respect international human rights.”8 The Committee specifically urged non-state actors, including armed groups, to respect women’s rights and commit themselves to abiding by codes of conduct on human rights and the prohibition of gender-based violence.9 28. Avenues to enforce Myanmar’s compliance with the Convention are limited. When acceding to CEDAW, Myanmar issued a reservation for Article 29, CEDAW’s arbitration and judicial enforcement clause, stating that it does not consider itself bound by the provision. Additionally, Myanmar has not ratified CEDAW’s Optional Protocol.10 As such, individuals or groups in Myanmar cannot lodge complaints with the CEDAW Committee for inquiry and resolution. The CEDAW Committee, along with other treaty bodies, continues to be unable to initiate a review on Myanmar’s compliance with CEDAW because the General Assembly’s Credential Committee has not formally recognized a government to represent Myanmar. If Myanmar had ratified the Optional Protocol, the Committee would have at least been able to receive complaints from non-State individuals and groups. Historically, Myanmar has failed to submit regular reports to CEDAW, though women’s groups and thirdparty groups have submitted shadow reports to CEDAW on the state of women’s rights and women in conflict in the country. In 2019, the Committee reviewed a report submitted by Myanmar on the situation of Rohingya women and girls under the exceptional reporting procedure.11 29. Myanmar acceded to the Convention on the Rights of the Child in 1991, less than a year after its entry into force.12 The Convention imposes binding obligations on States parties to uphold the civil, political, economic, social, and cultural rights of children without 5 6 7 8 9 10 11 12 8 Ibid., para. 23. Ibid., para 24(b). Committee on the Elimination of Discrimination against Women, General Recommendation No. 28 on the Core Obligations of States Parties under Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, UN Doc. CEDAW/C/2010/47/GC.2, 19 October 2010, https://www2.ohchr.org/english/bodies/cedaw/docs/cedaw-c-2010-47-gc2.pdf, para. 18. Committee on the Elimination of Discrimination against Women, General recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations, UN Doc. CEDAW/C/GC/30, 1 November 2013, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW%2F C%2FGC%2F30&Lang=en, para 16. Ibid., para. 18. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, UN Doc. A/RES/54/4, 15 October 1999, https://www.ohchr.org/sites/default/files/202108/OP_CEDAW_en.pdf. Committee on the Elimination of Discrimination against Women, Concluding observations on the report of Myanmar submitted under the exceptional reporting procedure, UN Doc. CEDAW/C/MMR/CO/EP/1, 18 March 2019. Convention on the Rights of the Child, 2 September 1990, https://www.ohchr.org/sites/default/files/crc.pdf.