Exec
Summ
ICTs. The potential for the on-going conflicts in certain ethnic areas to block, delay or
sabotage further roll out could lead to a deepening of the digital divide, reinforcing
inequality in conflict areas unable to access and benefit from ICTs.
Five Main Themes Emerge from the ICT SWIA
Gaps in the policy, legal and regulatory framework: Modern laws do not exist for
most of human rights risks posed by the ICT sector in Myanmar, and in particular
lawful interception, data privacy, access to information, certification bodies,
cybersecurity, data protection and cybercrime. Myanmar needs to fill the regulatory
gaps through a rights-based approach which learns from good (and bad) practice
elsewhere.
Access: There is an opportunity to create an investment climate that supports an
extensive telecommunications network and strong competition to bring down prices
and achieve universal access and accessibility of ICTs. It is important to include local
languages and standardised Unicode fonts that allow full searchability and access to
information. This will ensure that the whole country can enjoy the social and
development benefits inherent in positive technological development and global
connectivity.
Online “Digital Dangers”: With the benefits of greater access to modern technology
and the Internet come certain risks and digital dangers. These include risks to data
privacy, various forms of cybercrime, including child sexual abuse images and
revenge porn, cyberbullying and stalking, and “hate speech”. Other digital dangers
include the wider consequences of Government-ordered mobile and Internet network
shutdowns and the selective blocking of websites. Companies, Government and the
media need to educate the public about these issues. They should highlight safe
behaviours (such as encryption or not posting or emailing personal information)
through Burmese and other local language communications including software and
application agreements, media articles, and other channels.
“Offline” human rights issues: Complex land laws and processes for granting land
use to erect telecoms towers are just one of the many problems faced by the
Government, communities, operators and their subcontractors regarding the national
network rollout. Rapidly changing labour laws and low awareness of rights means
workers, and in some cases employers, are not well informed about even the most
basic labour rights protections. While that function is often filled by trade unions in
other countries, in Myanmar independent unions are only just emerging after many
years of prohibition and are therefore new to these issues. The forced labour
previously associated with the last military government is now generally limited to
conflict areas, but new forms of forced labour are emerging in the private sector. One
such example found in the research were workers required to work for a businessman
to pay off work-related debts. Corruption in the permitting process is also a risk around
network rollout.
Exacerbating or addressing visible divisions in society: ICT has the potential to
be used to impact positively or negatively on the rights of groups at risk, such as
children. While there are gradual improvements in some areas of discrimination,
religious discrimination and related violence is a serious problem and in recent times
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EXECUTIVE SUMMARY