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Human Rights Through The Rule of Law

Burma and UN Security Council Resolution 1325

United Nations Security Council Resolution 1325 on women, peace and security applies to all aspects of the current situation in Burma, both the SPDC as well as to the groups working to return democracy to Burma. Some of the ways that 1325 applies to the situation include:

Rape as a War Crime

The Global Justice Center has conducted trainings for the Women's League of Burma on UNSC Resolution 1325 and new means to access justice under international law, addressing specifically the rapes of ethnic women in Burma by the military that are continuing with impunity. A number of groups within the WLB have written reports documenting the rapes, including such details as the badge numbers of the perpetrators, however the SPDC has done nothing to stop the rapes or hold the perpetrators accountable.

Article 10 of Resolution 1325 specifically addresses the obligation of "all parties to armed conflict to take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse". Article 11 calls on the state to end impunity for those responsible for "genocide, crimes against humanity, war crimes including those relating to sexual violence against women and girls."

Refugees

Hundreds of thousands of Burmese have fled to neighboring countries to escape the persecution of the SPDC. Many of these people end up living in refugee camps. Article 13 of 1325 calls on all parties "to respect the civilian and humanitarian character of refugee camps and settlements, and to take into account the particular needs of women and girls, including in their design." (For more information about the refugee situation in Burma, visit Refugees International.)

Negotiations and Cease Fire Agreements

There have been a number of cease fire agreements between the SPDC and the various ethnic armies, however, none of them have affirmatively ensured the inclusion of women. Security Council Resolution 1325 requires that "when negotiating and implementing peace agreements, [all parties] adopt a gender perspective."

Governance and Constitution Drafting

The SPDC is made up of members of the military and government as well as many other jobs require military service, however, women are not part of the Burmese military. This goes to the very heart of 1325 and the obligation to include women in decision-making processes at all aspects of transitional justice, reconciliation, peace building and the struggle for democracy.