Gender-based violence 2/ : % < D"G'68**A 'L=$% & 7=% $ M Women exercising their right to freedom of expression and information often face violence as a result. Gender-based violence is “violence that is directed against a woman because she is a woman or that affects women disproportionately”.184 It can be conducted in the family or within the wider community, and perpetrated or condoned by the state.185 Genderbased violence falls under five types: • • • • • Sexual violence Physical violence Emotional and psychological violence Harmful traditional practices Socio-economic violence. While there are no disaggregated statistics on gender-based violence as a consequence of speaking out, gender-based violence in general is rampant in Myanmar. In one national study, 69% of women reported experiencing one or more incidents of domestic violence within a year.186 This figure rises to 90% for women in some indigenous groups in the country, 62% on a daily basis.187 Of those women surveyed, only 25% were aware of their rights as women and 75% believed domestic violence was “a purely domestic affair which should be solved within the home.”188 Such violence against women is committed not only within domestic settings, but also by the community and by the state.189 In public spaces, sexual harassment is common190 and, since 1988 if not earlier, there have been serious and highly credible allegations of strategic, systematic and widespread sexual assault used by the military to humiliate and intimidate, the majority targeted at indigenous women.191The lack of investigation continues to this day and has resulted in high levels of impunity.192 Despite the size of the problem, the media significantly underreports gender-based violence and as a result public awareness is low.193 In the aforementioned national study, 93% of women did not take formal action following the violence,194 due to feelings of guilt, shame and the fear that people would look down on and gossip about them.195 Indeed, Myanmar has no specific legislation on gender-based violence, with the exception of rape which is prohibited under the Penal Code.196 The UN Special Rapporteur has said that Myanmar has a “culture of impunity” for gender-based violence197 and the CEDAW Committee has said that gender-based violence in Myanmar is “socially legitimized and accompanied by a culture of silence and impunity”.198 23#%2-%!3"68-"9/5*3:;%():;% <#:%&>?@*3:;%'#3=% W=/,&-$%&69":%>3=%6<" '$+/,&<$H&$+"&<B% $L="*V9/5<2/5 'L=$%&7=%$M():;% >:%95/:%>-1<B%S 2/:%<D"G'68**A 'L=$%&7=%*A>$M9/5<B%$)" $/.%&$<"&87!%<B;% '$+/,&<$H&#!%R&'6-X-!%$)#%4"& =+d&23.%6<"U '$+/,&<$H&$+"&'"& $#.%#9 4/*/5=%.!%."6!6<" 'L=$%&7=%$M=/5 9/52/5-1<B%S ARTICLE 19 - Censored gender: Women’s right to freedom of expression and information in Myanmar - Page 72