A/HRC/56/CRP.8
information on the resolution of cases involving alleged human rights violations by resistance
forces.
21.
Many of the organizations and individuals who shared information with the Special
Rapporteur requested confidentiality because of security concerns. In many cases, the Special
Rapporteur withheld source information and redacted identifying details from testimony to
address those concerns.
22.
This paper focuses specifically on the period following the 1 February 2021 coup,
though the Special Rapporteur acknowledges that human rights issues related to gender and
sexual orientation are not a new phenomenon in Myanmar. Many of the patterns and trends
described are the result of decades of military and state-sponsored violence and
discrimination on the basis of gender and sexual orientation. Due to the broad scope of the
topic, the Special Rapporteur focuses particularly on the gendered impacts on vulnerable
populations who are invisible, who tend to receive less attention before the international
community, and who have specific and unique concerns, including women, girls, and LGBT
people. He acknowledges that there are also gendered dimensions of the crisis in Myanmar
that uniquely impact men.
23.
The Special Rapporteur recognizes and seeks to emphasize that human rights issues
related to gender and sexual orientation can be heightened as a result of intersecting forms of
discrimination based on ethnicity, citizenship, geography, age, disability, education, income,
and other factors. While the Special Rapporteur highlights various examples of intersecting
discrimination and violence, this paper is not a comprehensive accounting of the myriad ways
in which women, girls, and LGBT people are uniquely affected by the coup and conflict.
24.
This paper largely focuses on the situation of those inside of Myanmar as well as
highlighting the situation of Rohingya who are inside and outside of Myanmar. It also
considers gendered protection risks that extend across borders. The Special Rapporteur will
continue to look for opportunities to report on gender-based human rights issues facing
Myanmar people outside of the country, including Myanmar’s refugees and exiles in
neighboring countries.
III. International legal framework
A.
International human rights law
25.
Myanmar acceded to the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) in 1997.3 Under CEDAW, States parties agree to
use all appropriate means to eliminate discrimination against women, including by
embodying equality in their national constitutions and legislation, adopting antidiscrimination legislation, establishing legal protection of women’s rights on equal basis with
men, and eliminating discrimination in law and institutions. CEDAW requires States parties
to ensure women enjoy equal rights in employment, political participation and representation,
voting, public association, marriage, education, economic and social life, and access to health
care. States parties must act to prevent the trafficking of women and child marriage.
26.
CEDAW prohibits sexual and gender-based violence against women and girls as a
form of discrimination.4 States parties must prevent sexual and gender-based violence by
3
4
Convention on the Elimination of All Forms of Discrimination against Women, 3 September 1981,
https://www.ohchr.org/sites/default/files/cedaw.pdf.
Committee on the Elimination of Discrimination against Women, General recommendation No. 35 on
gender-based violence against women, updating general recommendation No. 19, UN Doc.
CEDAW/C/GC/35, para. 1.
7