Under Section 66 of Myanmar’s Child Law, the production or resale of child sexual abuse
images can result in maximum fine of 10,000 MMK and a two-year prison sentence. 570
The use of a computer to sell, let to hire, distribute, publically exhibit, or put into circulation
obscene objects is criminalised 571 under the Myanmar Penal Code, including for legal
persons. 572 However, Myanmar does not have explicit provisions requiring Internet
Service Providers (ISPs) to report suspected child sexual abuse images to law
enforcement or other agencies upon discovering suspected child sexual abuse images or
other types of child abuse/child sexual exploitation circumstances on their network. 573
Ethnic Minorities
Ethnicity is a complex, contested and politically sensitive issue. Ethnic groups have long
believed that the Government manipulates ethnic categories for political purposes. 574 (See
Chapter 4.10 on Conflict and Security for information about ethnic minority armed groups).
Myanmar’s ethnic minorities make up an estimated 30 – 40% of the population, and ethnic
states occupy some 57% of the total land area along most of the country’s international
borders. 575 Political boundaries in Myanmar are to some extent organised according to
ethnic demographics. The seven states are named after seven large ethnic minority
groups – namely, Kachin, Kayah, Kayin, Chin, Mon, Rakhine, and Shan States. Although
the Bamar do not have a specific state named after them, they are the dominant ethnic
group living in the country, especially in the seven Regions (Sagaing, Magwe, Tanintharyi,
Mandalay, Yangon, Ayeyarwady, and Bago). There are also six self-administered areas
that are part of Regions or States, each named after the minority national race that forms
the majority in the relevant area (Naga, Danu, Pa-O, Palaung, Kokang and Wa SelfAdministered Areas) 576.
The term ‘Indigenous Peoples’ is not widely understood in Myanmar, nor generally used.
The 2008 Myanmar Constitution makes no reference to ethnic minorities or indigenous
peoples, instead using the term “national races”. However, “national races” is not defined,
and is generally interpreted by applying the 1982 Myanmar Citizenship Law, which defines
135 national races in its 1983 Procedures. 577 Under the Myanmar Citizenship Law,
nationals of Myanmar include the “Kachin, Kayah, Karen, Chin, Bamar, Mon, Rakhine or
Shan and ethnic groups as have settled in any of the territories included within the State
as their permanent home from a period anterior to 1185 B.E., 1823 A.D.” 578
Article 22 of the Constitution, provides for “(i) development of language, literature, fine arts
and culture of the national races; and (ii) promotion of solidarity, mutual amity and respect
“Myanmar Tourism Sector Wide Impact Assessment” that highlighted rising concern and attention to the
exploitation of children in tourism, pg. 157-158.
569 See for example, UNCEF, “Child Safety Online – Global Challenges and Strategies” (2011).
570 Burma Library, “SLORC’s Child Report – 4” (26 January 1997).
571 Myanmar Penal Code, Section 292.
572 Ibid, Section 11.
573 International Centre for Missing and Exploited Children, “Myanmar Country Report” (2014).
574 International Crisis Group, “Myanmar Conflict Alert: A Risky Census” (Feb. 2014).
575 Transnational Institute/Burma Centrum Netherlands, “Access Denied: Land Rights and Ethnic Conflict in
Burma”, (May 2013).
576 Myanmar Constitution (2008), Article 56.
577 See: Burma Library, “Burma Citizenship Law of 1982” (last accessed August 2015).
578 Myanmar Citizenship Law, Article 3.
CHAPTER 4.8: GROUPS AT RISK
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4.8
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