A/HRC/56/CRP.8 husband, sons or other males in the family are given titles to the deceased’s land over the wife and daughters. 44. Women are regarded as “bearers” and “protectors” of culture and are chastised if their behavior and dress are perceived as aberrations from cultural norms. Women’s decency and chastity are considered key values against which their worthiness is assessed, and there is an expectation that these should be reflected in women’s modest dress and appearance. Whereas it is expected that men will have sexual experiences outside of marriage, women who transgress these social norms are condemned, even in cases of rape. Women who lose their virginity outside of marriage are described as apyoyay pyat, meaning spoiled, ruined or damaged, yet there is no equivalent term for men.30 At times, customary practices derived from concepts of women’s sexuality and chastity result in punishments of the women. For instance, female survivors of rape are sometimes forced to marry their rapists to preserve their own reputation and dignity. Women who become pregnant outside of marriage are often forced to bow down to elders and ask for forgiveness, or, in some cases, are expelled from their village.31 The measure of a woman’s worthiness against socially constructed ideas of decency and chastity creates a mentality that blames the victim and contributes to fears of reporting sexual violence by survivors and their families. 45. The current environment for women’s and LGBT rights has been further shaped by decades of military rule, which have fostered a culture of militarization and hypermasculinity. Previous military regimes severely under-invested in health and education, instead prioritizing the defense sector. As a result, women have struggled to access public services and have suffered from high maternal and infant mortality rates, among other challenges.32 Women have long been excluded from positions of power and have not received equal economic and educational opportunities as men. In the 2023 Social Institutions and Gender Index, Myanmar was classified as having a “high” level of gender discrimination.33 B. Inadequate domestic laws and protections 46. Gender discrimination and impunity for sexual and gender-based crimes has been preserved and sustained through codification in formal law and practices in Myanmar and by the absence of laws that protect people from discrimination, inequality, and violence on the basis of their gender and sexual orientation. 47. The 2008 Constitution lacks a substantial guarantee of equality and provides that certain jobs are “suitable for men only.”34 The Constitution further severely limits opportunities to hold military personnel or government officials accountable for crimes against women, girls, and LGBT persons. The military is granted “the right to independently administer and adjudicate all affairs of the armed forces,” preventing civilian oversight of justice mechanisms for soldiers.35 The Constitution’s Article 445 shields members of past military regimes from accountability for “any act done in the execution of their respective duties,”36 and may extend to subsequent governments depending on the interpretation of the 30 31 32 33 34 35 36 Brenda Belak, Gathering Strength: Women from Burma on their Rights, 2002. Gender Equality Network, “Raising the Curtain”; Women’s League of Burma, “Long Way to Go.” UN Women and UNDP, “Regressing Gender Equality in Myanmar: Women living under the pandemic and military rule,” 7 March 2022, https://www.undp.org/myanmar/publications/regressinggender-equality-myanmar-women-living-under-pandemic-and-military-rule. OECD, “SIGI 2023 Global Report: Gender Equality in Times of Crisis,” 18 July 2023, https://www.oecd-ilibrary.org/development/sigi-2023-global-report_4607b7c7-en. Myanmar Constitution, Article 352. Myanmar Constitution, Article 20b. Myanmar Constitution, Article 445. 13