Burma
Mr. Speaker, in May 2002, the Shan Women's Action Network and the Shan Human Rights Foundation issued a highly disturbing report entitled License to Rape. The State Department followed that report with further investigation into the issue.…
Mr. Speaker, in May 2002, the Shan Women's Action Network and the Shan Human Rights Foundation issued a highly disturbing report entitled License to Rape. The State Department followed that report with further investigation into the issue.
I traveled to the Thai-Burma border in January of this year and heard further horrifying testimonies about Burmese military regime's use of systematic rape against ethnic minorities. In addition, refugees and others shared personal experiences about watching the State Peace and Development Council (SPDC) soldiers kill their families or neighbors in front of them. One eight-year-old orphan I met saw both parents brutally murdered while he watched. Other refugees reported the SPDC's use of ethnic minorities, including women and young children, as human landmine sweepers and as forced labor.
These human rights abuses MUST be stopped.
To add further proof to the myriad reliable reports by both local and international non-governmental organizations (NGOs), Refugees International recently released a report further documenting the SPDC military's use of rape as a weapon of war against ethnic women. The new report is entitled No Safe Place: Burma's Army and the Rape of Ethnic Women. No Safe Place documents the SPDC's use of rape against women from the Karen, Karenni, Mon, Tavoyan and Shan ethnic groups and indicates that the rapes are ``a pattern of brutal abuse designed to control, terrorize, and harm ethnic nationality populations through their women.''
Mr. Speaker, I would like to enter a portion of Refugees International's report into the Congressional Record.
Thank you.
No Safe Place: Burma's Army and the Rape of Ethnic Women
ii. recommendations
Refugees International recommends that:
The United Nations
The UN Commission on Human Rights condemn rape and other
forms of sexual violence against ethnic women and girls by
Burma's military in its annual resolution on the situation of
human rights in Burma.
The UN High Commissioner for Human Rights ensure that any
investigation of rape and other forms of sexual violence
inside Burma conducted by UN officials is done by experts on
sexual violence, with guarantees of full access, complete and
ongoing security for all witnesses and victims and a follow
up mechanism to verify compliance.
UNHCR assist the Royal Thai Government in providing a safe
environment for Burmese fleeing human rights abuses with a
special emphasis on women and children.
The UNHCR insist that women and girls fleeing rape and
other forms of sexual violence in Burma qualify for
protection and assistance in Thailand.
The Committee on the Elimination of Discrimination Against
Women request a special periodic report from the State Peace
and Development Council focusing on the constitutional,
legal, administrative, military, and practical measures taken
to eliminate rape and other forms of violence against women.
The Committee should convene a special session to engage in
dialogue with the SPDC about this special periodic report.
The Royal Thai Government (RTG)
The RTG recognize women and girls fleeing rape in Burma who
seek refuge in Thailand as legitimate refugees who have a
right to protection and assistance, and not as ``illegal
migrants.''
The RTG ensure that Burmese survivors of rape and other
forms of sexual violence in Thailand, whether in camps or
working as ``migrants,'' receive critical physical and mental
health services, especially focused on gender-based abuses.
The RTG cease the practice of repatriating or deporting
asylum seekers without prior screening to ascertain whether
they have valid claims for asylum.
The RTG adhere to the definition of ``refugee'' according
to the 1951 Convention on the Status relating to Refugees and
the 1967 protocol--a definition that has attained the level
of customary international law--and should not create a new
standard for determining when those seeking refuge are
entitled to enter its borders.
The State Peace and Development Council
The SPDC stop all military buildup and begin demilitarizing
the ethnic areas promptly.
The SPDC fulfill its obligations under the Convention on
the Elimination of All Forms of Discrimination Against Women
(CEDWA), which it ratified in 1998. This includes ceasing all
practices and policies which discriminate against women,
including violence against women.
The SPDC ratify the Optional Protocol to CEDAW.
The SPDC fulfill its obligations under the Convention on
the Rights of the Child, which it ratified in 1991, which
prohibits gender-based violence against children.
Governments
Governments demand that the SPDC demilitarize ethnic areas.
Governments maintain economic sanctions and withhold
overseas development and loan or debt assistance until
significant improvements in the human rights situation,
including a decrease in violence against women, is
independently verified.
Governments continue to pressure the SPDC to engage in
meaningful, substantive discussions with the National League
of Democracy and representatives of ethnic nationalities.
NGOs and International Organizations
Organizations lend support to the international campaign to
stop rape and other forms of sexual violence by the Burmese
military through public statements and advocacy.
International organizations conducting research on rape,
other forms of sexual violence and other human rights abuses
coordinate with grassroots, indigenous organizations to
ensure the comprehensive and safe collection of information.
Non Governmental Organizations (NGOs) seek to build the
capacity of indigenous groups to document abuses perpetrated
against their own communities.
Organizations increase efforts to reach and assist
displaced populations with critical needs.
iii. introduction
``I have waited many years to tell you this story,'' one
Karenni woman lamented as she told of witnessing her
thirteen-year-old sister's rape and then described how the
Burmese soldiers beat and attempted to rape her. She is just
one of countless women from Burma's ethnic minority groups,
sometimes known as ethnic nationalities, with a chilling tale
of abuse at the hands of her country's army.
In June 2002, the Shan Human Rights Foundation and Shan
Women's Action Network (SWAN) released a report, License to
Rape, documenting 625 cases of rape and sexual violence. The
report began a movement to focus on Burma's use of rape as a
weapon of war, while also highlighting the relentless,
ongoing campaign of human rights abuses against Burma's
ethnic minorities. Based on interviews conducted by
indigenous women's and human rights groups, and compiled and
written by indigenous women, License to Rape provided
credible proof of the brutality of the Burmese army, in the
voices of those very women affected most by the brutalities.
Following the release of this important report, the
international community expressed unprecedented but long
overdue outrage. The U.S. State Department declared its
indignation at the phenomenon documented in the report and
called for an international investigation, while sending its
own investigator to the Thai/Burmese border; members of the
U.S. Congress and officials from other governments publicly
condemned the Burmese military's actions. Pressure for the
United Nations to investigate the prevalence and
systematic nature of the rapes grew until the UN Special
Rapporteur on Human Rights in Burma raised the issue with
Burma's military regime, the State Peace and Development
Council (SPDC). Various governmental
officials, NGOs, and UN personnel began talking about the
possibility and logistics of an independent investigation.
Meanwhile, in Thailand, the Royal Thai Government (RTG),
concerned that such an outcry would jeopardize its policy
of engagement with the SPDC, ordered those NGOs that
participated in compiling the report to close their
offices indefinitely.
Although License to Rape has received a notable amount of
attention, the international community, including officials
from various governments, suggested to Refugees International
that additional evidence could assist in generating further
action. It is important to ask why. Some suggested that a
report about the experience of indigenous women, compiled by
indigenous women, could not be objective. Others proposed
that the report, written by a small, unknown group, was not
credible enough.
The authors of this report reject those propositions. Few
are as well-qualified to document and describe rape as those
women from the brutalized communities. International advocacy
without grassroots knowledge, participation, and decision-
making is of extremely limited use. Consequently, the purpose
of this report is not to ``bolster'' the claims contained in
License to Rape. Rather, the purpose is both to support and
build on the movement and activity generated by SWAN, and to
expand the scope of understanding regarding the brutal
phenomenon of rape in Burma to include a broader profile
of ethnic nationalities. License to Rape documented the
widespread use of rape against Shan ethnic women. Rape is
not confined to Shan State or to Shan women. The Burmese
military uses rape against many ethnic nationalities for
the express purpose of brutalizing ``insurgents,''
quashing ethnic dissent, and demoralizing and destroying
ethnic communities.
Refugees International decided that our approach would be
to broaden the scope of the Shan report by investigating the
prevalence of the Burmese military's use of rape against
other ethnic groups. RI's field mission focused the research
on the Karen, Karenni, Mon, and Tavoyan ethnic groups. In
applying our expertise in international advocacy on behalf of
war-affected populations, RI sought to examine the extent of
the use of rape against a variety of Burma's ethnic
nationalities and determine if the abuses were widespread
and/or systematic.
Karen, Karenni, Mon and Tavoyan women and men, as well as
several Shan individuals, were courageous in sharing their
personal stories and observations. From the 26 individuals
interviewed, 43 rapes or attempted rapes were described, 23
of them confirmed by victim or witness testimony or physical
evidence. Stories of rapes and other human rights abuses and
the resulting mental and physical ailments dominated the
interviews. Individuals still in pain from torture and
beatings talked about the violations suffered by them and
their families and friends. For many, the decision to leave
Burma was clearly tied to the rape and other abuses they and
their family members had experienced. One survivor spoke for
many when she said, ``To this day, I cannot sleep at night
thinking about what happened.'' The time is ripe for the
international community to hear their voices and take action.