Overview
In June 2002, SWAN launched
its report "Licence to Rape," documenting the systematic use
of sexual violence in Shan State by the Burmese military regime.
The report gained immediate
widespread international publicity. Published only a month after the regime
had released opposition leader Aung San Suu Kyi from house arrest, it
exposed clearly the real nature of the regime and its insincerity about
implementing democratic reform.
On July 2, 2002, the US State
Department issued a statement that it was appalled at the report of the
use of sexual violence by the Burmese military regime. After sending its
own team to investigate the issue on the Thai-Shan border, on December
17, 2002, it issued a further statement corroborating the findings of
"Licence to Rape."
The report has also mobilised
civil society organisations in various countries to start campaigns to
urge governments and international agencies to respond to the demands
made by SWAN in "Licence to Rape."
The regime has repeatedly
denied the findings of the report, and has staged its own token investigations
in Shan State to counter the accusations that it is using systematic sexual
violence. However, as stated in the UNCHR December 2002 report on Burma,
these investigations have had no credibility whatsoever.
Although Licence to Rape only
documents incidents of sexual violence committed by the regime's military
in Shan State, such sexual violence has been happening in all of Burma's
ethnic areas, and is continuing until today. The systematic use of sexual
violence by the regime is clearly an integral part of its strategy to
subjugate Burma's peoples. Thus SWAN believes that as long as the regime
remains in power, the security of girls and women will remain at risk.
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To put an end to the systematic
use of rape by the Burmese military regime:
SWAN:
1. Calls
on foreign governments to raise their concerns with the Burmese military
regime about their systematic use of rape as a weapon of war against ethnic
women, and to pressure the regime to immediately implement a nationwide
ceasefire and begin tripartite dialogue with the representatives of the
Burman and non-Burman democratic opposition.
2. Urges
foreign governments not to give aid to Burma through the regime, and to
stop all investment in Burma until there is irreversible democratic reform.
Position on international investigations into systematic sexual violence
committed by the Burmese military inside Burma
Since the publication of Licence to Rape, the Burmese
military has repeatedly used methods of intimidation to refute its complicity
in acts of rape by military personnel.
·
In August and September 2002, during their own
"investigation" into the report, they forced local Shan communities to
deny that their troops had committed any sexual violence.
·
In October 2002, prior to the visit of the UN Special
Rapporteur for Human Rights in Burma, Professor Pinheiro, they threatened
Shan villagers in various areas not to testify against their troops. They
also sent out military intelligence officers to track down and interrogate
rape survivors.
·
Before the visit of the International Committee
of the Red Cross to Central Shan State in December 2002, and the visit
of Amnesty International to Burma in January 2003, local Shan populations
were warned not to speak ill of the military.
·
Most recently, in early February, local military
officers threatened to cut out the tongues and slit the throats of villagers
who had dared speak out to the ICRC during their recent visit to Shan
State in January 2003.
It is clear that the increased international focus
on the issue of sexual violence is exposing women to even greater danger
and trauma, as no protection mechanism exists for survivors and/or witnesses
who dare to testify against the military.
Therefore, it is urgently
needed for the UN and other bodies to set up safe and secure mechanisms
for conducting investigations inside Burma which will not expose the women
to further risk or trauma. This
will necessarily involve political concessions by the regime, beginning
with a nationwide ceasefire.
In the meantime, only investigations conducted outside of Burma, where women can testify without fear of repercussion, are viable at this stage. We therefore encourage the UN Special Rapporteur on Violence Against Women to organise a fact-finding mission by experts in sexual and gender based violence to the Thai Burma border. This should be conducted in conjunction with ethnic women's organisations, who can provide ongoing support systems for the survivors. There should also be measures taken to ensure that those assisting with the fact-finding mission are provided with protection. [Top]