telecommunications companies should take the following steps at a minimum to fulfill their human rights responsibilities in Burma. Due Diligence and Human Rights Risk Assessment The Burmese government has not yet created a legal framework for the ICT and telecommunications sectors that respects basic human rights. In this context, due diligence is a recognized responsibility for companies and essential so that companies can understand and address any human rights harm that they cause. Telecommunications and ICT companies should conduct human rights impact assessments prior to entering Burma to examine the risk that their prospective activities may contribute to human rights abuses. Assessments should include an analysis of the existing legal framework for telecommunications, including the possibility that the legal framework may not significantly improve to protect human rights. Given Burma’s history of selective enforcement of laws to target politically sensitive activity, companies should also examine actual government practices and the availability of remedies through the courts or other mechanisms for harmed individuals. The recommendations in this report also build on principles developed by the Global Network Initiative. The Global Network Initiative has produced specific guidance on impact assessments and due diligence for the ICT and telecommunications sectors, including guidance on how to conduct impact assessments and how to integrate human rights standards into a company’s operations.38 These assessments should then inform how companies structure their entry and business partnerships to minimize the risk of contributing to abuses. For example, in negotiating terms of entry (in the form of an operating license or other agreement), companies should incorporate explicit reference to human rights commitments and secure contractual language that sets out safeguards for freedom of expression and privacy. Safeguards could include specifying the procedure that authorities will follow to request access to user data, assistance with real-time surveillance, or limits on information, including a requirement of a written request or court order. Incorporating these safeguards can provide companies a stronger basis for challenging illegal surveillance or improper restrictions on freedom of expression. 38 Global Network Initiative, “Implementation Guidelines,” undated, http://www.globalnetworkinitiative.org/implementationguidelines/index.php (accessed May 10, 2013). 17 HUMAN RIGHTS WATCH | MAY 2013