4
4.8
Lesbian, Gay, Bisexual and Transgendered (LGBT) People
Article 377 of the Penal Code, based on British colonial law, criminalises any activity that
the Myanmar authorities decide constitutes “carnal intercourse against the order of
nature”. 589 The LGBT Rights Network in Myanmar has called for the abolition of this
article, which can be used against people in same-sex relationships. Although greater
freedom has led to greater visibility for LGBT activists, this has meant that they are now
exposed to more abuse. LGBT activists have reported widespread discrimination, and
general societal lack of support. 590 The US State Department’s 2014 Annual Human
Rights Report states that LGBT people in Myanmar face discrimination in employment,
including denial of promotions and dismissal. Openly gay men and lesbians also report
limited opportunities for work and harassment by the police. 591 LGBT activists have
reported online abuse; homophobic groups shared photos of some prominent LGBT
activists. After the wedding of two gay men, there was a spike in such abuse online,
including death threats against all gay people. Online abuse against the LGBT community
is a serious problem in Myanmar and ICT companies should be aware of the potential for
such abuse.
B. Field Research Findings
Religious Communities
Human Rights Implicated: Right to non-discrimination
Field Assessment Findings
As noted in Chapter 4.6 on Labour, racial and religious tensions were observed,
mainly where communities identified the company or its workers as Muslim:
• Researchers heard of several incidents in which subcontractors of a company
from a majority Muslim country were disturbed in their work by communities
protesting the company’s presence in their area.
• Workers were denied accommodation due to working for a Muslim company.
Communities threw stones at cars carrying workers of companies that were
perceived to be owned by Muslims.
Gender
Human Rights Implicated: Right to non-discrimination
Field Assessment Findings
With respect to the acquisition or leasing of land for tower or cable sites, in principle,
there is no legal impediment to providing payment for land or lease
compensation to women or women-headed households. Nonetheless,
households are registered in the husband’s name and therefore in general
compensation was handed over to the male household head. However, widows or
single mothers would also be able to obtain compensation same way as male
headed households.
589
Lawyers’ Collective, “LGBT Section 377” (23 November 2010). This Myanmar Penal Code is still used by
many countries formerly ruled by the British, including India, Malaysia, and Myanmar.
590 The Irrawaddy “LGBT Groups Call for Burma’s Penal Code to Be Amended” (29 November 2013).
591 US State Department, “Burma 2013 Human Rights Report” (2013) pg. 40 – 41.
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CHAPTER 4.8: GROUPS AT RISK
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