Responsibilities of Companies Seeking to Enter
Burma’s Mobile and Internet Sectors
The liberalization of the telecommunications and Internet sectors in Burma means that
foreign and Burmese companies will have the principal role of providing
telecommunications hardware, software, services, and applications on which individuals
will be able to exercise their rights to free expression and information.
Telecommunications operators and online service providers will also collect and store
users’ personal data, which authorities could then request and obtain. Given the serious
human rights risks in Burma, companies should act responsibly to ensure that
liberalization of these key sectors does not lead to human rights violations.
Companies have a responsibility to respect human rights. This principle is reflected in the
United Nations “Protect, Respect, and Remedy” Framework32 and the UN Guiding Principles
on Business and Human Rights,33 which are widely accepted by companies and
governments. This principle is also incorporated into industry-specific human rights
initiatives such as the Global Network Initiative, a global multi-stakeholder initiative that
aims to ensure technology companies respect the rights to freedom of expression and
privacy online.34 The corporate responsibility to respect contemplates that companies
should undertake credible human rights due diligence and mitigate human rights risks so
that their operations do not facilitate or exacerbate human rights problems.
The US government has issued a set of Reporting Requirements on Responsible
Investment in Burma that, once finalized, will oblige US companies who invest more than
US$500,000 in Burma to disclose the following:
32
UN Human Rights Council, Report of the Special Representative on the issue of human rights and transnational
corporations and other business enterprises, John Ruggie, Protect, Respect and Remedy: a Framework for Business and
Human Rights, UN Doc. A/HRC/8/5, April 7 2008, http://www.reports-and-materials.org/Ruggie-report-7-Apr-2008.pdf
(accessed April 10, 2013).
33
UN OHCHR, “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and
Remedy’ Framework,” UN Doc. HR/PUB/11/04, 2011,
http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf (accessed April 10, 2013).
34
Global Network Initiative, “Core Commitments,” undated,
http://www.globalnetworkinitiative.org/corecommitments/index.php (accessed April 10, 2013).
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HUMAN RIGHTS WATCH | MAY 2013