significantly reduced in all levels of the Myanmar Government. Speaking out publicly
about tackling corruption is an important contribution businesses can make towards this.
4.9
Lack of Transparency
Interactions between the Government and the people of Myanmar have been marked by a
lack of transparency on the part of the authorities, including about business operations.
Recently the Government has begun to take limited steps to improve transparency
through Government-controlled media and the President’s and Ministry websites. 604 For
example the Ministry of Labour, Employment, and Social Security publishes the text of
recent laws and provides information about benefits. 605 However, there is currently no
freedom of information (FoI) law in Myanmar. Civil society is advocating for FoI legislation,
and the Open Myanmar Initiative (OMI), a consortium of CSOs, is conducting research
and convening discussions on such a law. 606 Local government generally does not
provide relevant information to communities about business operations in their areas, as
revealed by SWIA field assessments in the ICT, tourism, and oil and gas sectors. (See
Chapter 4.1 on Freedom of Expression).
Accountability: Judicial and Non-Judicial Mechanisms
The previous Government was characterised by a lack of accountability for human rights
violations and violations of international humanitarian law. Those who dared complain
about the authorities or companies were at risk of reprisals, including arrest, torture, and
imprisonment.
Since the reform process began in 2011, there has been a marked
increase in calls by communities to provide redress for abuses, particularly around “land
grabs” and labour rights. The Government’s response has been at times contradictory,
which may be partially explained by the different levels of Government involved in
responses, at the Union and local levels. The President has repeatedly exhorted all levels
of Government to be more accountable, but at the local level, and indeed in some Union
Ministries, such accountability is still absent. The lack of clarity may also be due to
tensions between reformers in the Myanmar Government and its more conservative
elements.
Both the EITI and the Open Government Partnership include independent, third party
checks on whether the Government is meeting its obligations to promote more open civil
society that can hold the Government to account. This external, third party review can
provide an important avenue for civil society to raise concerns.
Arrests of peaceful protestors increased during 2014, and in March 2015 police beat and
arrested student demonstrators in Letpadan, Bago Region. The Myanmar National Human
Rights Commission has called for prosecution of the security forces involved. 607 It is not
known whether the government – which is currently prosecuting the beaten students – will
follow up.
604
See for example: Republic of the Union of Myanmar President’s Office and Myanmar Ministry of Home
Affairs.
605 See: Myanmar Ministry of Labour, Employment and Social Security.
606 Eleven Media, “Rights group pushing for freedom of information law” (last accessed August 2015).
607 ‘Rights Commission urges action against the police’ Myanmar Times, 14 September 2015
CHAPTER 4.9: STAKEHOLDER ENGAGEMENT & GRIEVANCE MECHANISMS
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