S/2017/249
basis of first-hand information from those who had crossed the border, OHCHR
reported in February 2017 that more than 50 of the 100 women and girls
interviewed described having been subjected to rape, gang rape or other forms of
sexual violence, apparently employed systematically to humiliate and terrorize their
community. Some of the rapes were carried out in front of relatives, as well as to
punish women for their perceived support for “insurgents”, who are often male
family members. Only those survivors who managed to cross the border have been
able to access care.
52. Despite the Emergency Treatment of Patients Law (2014), which waived
mandatory reporting by service providers to the police in cases of sexual violence,
the practice persists, further inhibiting reporting and response. The risk of sexual
violence linked with conflict and displacement, notably in Kachin and Northern
Shan States, is compounded by a lack of educational and employment opportunities.
This physical and economic insecurity leaves civilians, particularly those who are
internally displaced, at heightened risk of trafficking, including for the purposes of
forced marriage and sexual exploitation.
Recommendation
53. I urge the Government of Myanmar to facilitate humanitarian access to
Northern Rakhine State, including to assist survivors of sexual violence. To ensure
that there is no impunity for such crimes, I reiterate calls made by the Committ ee on
the Elimination of Discrimination against Women in 2016 to repeal immunity
provisions for members of the security forces. I also call upon the authorities to
ensure the implementation of the Emergency Treatment of Patients Law (2014), and
to harmonize the domestic definition of rape, which derives from the Penal Code of
1860, with current international standards.
Somalia
54. Widespread sexual violence continues to be a feature of protracted conflict in
Somalia. Internally displaced women and girls and members of minority clans
remain the most vulnerable, owing to a lack of preventive measures, limited access
to justice and weak clan protection. Large population movements, such as the return
of over 30,000 Somali refugees from Kenya, have also increased the vulnerability of
women and girls on the move.
55. Between January and September 2016, the United Nations verified information
on conflict-related sexual violence against 200 girls and 1 boy. The violations were
attributed to unknown armed elements (55), clan militia (60), Al-Shabaab (21), Ahl
al-Sunna wal-Jama‘a (3), and the Somali National Army (59). Three rapes of girls
were also attributed to the African Union Mission to Somalia, as addressed in my
report (A/71/818). In the last quarter of 2016, the United Nations Assistance
Mission in Somalia documented 14 incidents of conflict-related sexual violence,
including five gang rapes, allegedly committed by Al -Shabaab, the Interim SouthWest Administration of the Puntland Army, and the Somali national police. The
perpetrators were prosecuted in two of those cases, while in three others the
suspects were released owing to clan pressure or lack of evidence. Al -Shabaab
responded to the rape of a boy by one of its fighters by summarily stoning the
perpetrator to death.
16/33
17-05090
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