BREAKING
November 21, 2024

Rape and sexual assaults by both sides going unpunished

September 12, 2024

Women in Myanmar who have been raped and sexually assaulted during the ongoing conflict find little help from the junta, or those fighting against it.

While there have been active campaigns worldwide to protect women from becoming the victims of sexual violence, women in Myanmar, who have been assaulted sexually, remain helpless while those who attack them mostly walk away scot-free.

Myanmar’s women have been sexually assaulted and exploited in many ways during the conflict and battles caused by the military coup in 2021.

Dawei Watch talked to four women in Tanintharyi Region who had been sexually assaulted during the conflict period. Two were interviewed on the ground and one was interviewed through her relatives. Another was interviewed by phone.

One thing they all had in common was that the perpetrators escaped any punishment.

Men in uniform carrying guns were found to have committed the most sexual assaults on women. It is well documented that Myanmar’s military forces have used sexual violence and rape as a weapon for decades.

However, now it is not only the military junta and its forces, but also the revolutionary forces and civilians who have been committing sexually-related crimes against women.

The Ministry of Women, Youth and Children Affairs under the National Unity Government (NUG) has released a list of 117 complaints about sexual violence it received between February 2021 and June 15, 2023.

Of those 117 complaints, 108 cases were committed by military junta troops and nine cases by civilians. The 13 separate cases were committed by revolutionary forces, according to the NUG list. This information is about cases until June 2023 which have been lodged with the NUG.

Case 1 – Rosie

“The thing I would like to know most now is, what is justice?” asked Ma Rosie, one of those who filed a complaint.

Ma Rosie spoke softly, but clearly, as she brushed her hair with one hand. The 23-year-old, who lives in a township with many beaches in Dawei district, said she was raped during the rainy season in 2023.

She said she was raped when she visited a beach with a 30-year-old man who she described as like a brother to her. She said the man who raped her was a revolutionary soldier from the People’s Defense Force in Dawei district.

She admitted she had suffered from trauma after the rape.

“I was very sad at the time and didn’t know what to do. I just wanted to do something to myself. I wanted to finish off myself. I felt disgusted by what was done to me,” she said.

Finally, with the help of a revolutionary group working for women’s rights in the region, she was able to file a complaint to the Ministry of Women, Youth and Children’s Rights under the NUG.

However, the alleged rapist’s family members found out about her complaint to the NUG and went to her house and made various threats. Her case quickly became well known in her community and resulted in her being kicked out of her house.

However, since she lodged her complaint in August 2023, one year later and little progress has been made in the case. And so far, no action has been taken against the man she accused of committing the rape.

Case 2 – Ma Waso

Ma Waso was heavily pregnant when Dawei Watch interviewed her. We met her amid difficulties because her family restricted her from going out and talking to strangers.

Ma Waso fell in love with a soldier from the People’s Defense Force that was active in Dawei district while talking to him about revolutionary affairs.

Later, when she became pregnant, the soldier did not take any responsibility and cut ties with her, Ma Waso said.

“I told him by phone when I was three months pregnant. He replied that the pregnancy was not caused by him. He said he could not take responsibility.”

As Ma Waso told her story, she became lost for words, fell silent and tears rolled down her face. Now her boyfriend could not be found in the area and people said he had been sent to another area to fight. Ma Waso was eight months pregnant when she spoke to Dawei Watch.

Case 3 – Ma Wa Wa

Ma Wa Wa grew up with her foster-parents in a rural village in Dawei district.

She was known in her community to have been born with a mild mental disorder and was allegedly raped in 2022 by a married man who lived next door, according to some locals.

The man has denied the accusation, locals added. Ma Wa Wa has faced many tough times for a young woman and gave birth to a fatherless child.

Later, when her foster-mother died, she gave her son up for adoption and disappeared from the village, locals said. In her case, no action was taken against the alleged rapist, who has escaped any punishment.

People without protection

Although sexual violence during the conflict has increased day by day, there appears to be no way for women to get justice. Except for Ma Rosie, the many other women Dawei Watch interviewed did not complain to any organizations for various reasons.

Women’s rights groups urge that sexually assaulted women must not shut their mouths and should complain to their nearest women’s organization.

According to the records of the Tavoy Women’s Union, those sexually assaulted during the conflict included underage children and the disabled, said Ma Thida, the Secretary-General-1 of the union.

Most women do not complain to organizations for reasons that include a loss of their dignity, and because the culprits are not punished, said Kha-Yu from the Rose Colour Women’s Union (Dawei), one of the revolutionary forces in the region.

“If we can’t punish the culprits effectively, it is like we’re encouraging them to commit more crimes,” said Kha-Yu.

Kha-Yu also pointed out that there were still many cases of women being sexually exploited and assaulted and there were also many perpetrators who were still free.

There were also many women who had filed sexual assault charges who had lost their cases because the military junta-controlled courts in Tanintharyi Region sided with those who could pay them, according to local lawyers.

“They (the judges) like rape cases and political cases very much. That is because they get as much money as they demand,” said a lawyer who asked to remain anonymous. Dawei Watch could not ask the justice department of the military junta to comment.

Rapists are not punished

According to the records of the Tavoy Women’s Union, there were more than 40 cases of sexual assault, including domestic violence, against women in Dawei district alone in a span of eight months in 2024, but no effective action was taken in any case.

All those cases included crimes committed by the military junta’s soldiers, people’s defense forces and civilians.

“Out of 40 cases, only two cases have been solved. And those two cases did not get real justice,” said Ma Thida, the Secretary-General-1 of the Tavoy Women’s Union.

Sadly, it would appear that during the conflict not as much attention has been paid to sexual violence as military affairs, said Ma Thida.

“I’m really sad that even revolutionary groups have committed such crimes. They shouldn’t have committed those crimes. If anyone commits a crime, the culprit should be punished severely,” said Ma Thida.

Ma Rosie pointed out that the way the NUG handles sexual assault cases against women had not been satisfactory.

“They might be effective in other cases, but not effective in women’s issues,” said Ma Rosie.

Dawei Watch asked for comment from the Ministry of Women, Youth and Children’s Rights under the NUG on its actions regarding sexual violence against women, including Ma Rosie’s case, via email. But the ministry had not yet replied when this article was written.

Ma Rosie thought the people’s defense forces, and the NUG, should address the crimes committed by its people’s defense forces so they could retain their dignity.

“They (the revolutionary forces) don’t accept the fact that the tree is not guilty of producing rotten fruit. What I mean is the dignity of the organization would not be hurt by punishing those who committed the crimes,” said Ma Rosie.

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