is required to limit access to a specific website through blocking or other measures, the
company should notify users attempting to access the website that it has been blocked
due to a government request. When a company complies with a government request to
disclose user data or facilitate interception of communications, the company should
commit to notifying affected users to the extent permissible under the law.
Companies should secure the government’s agreement to these transparency measures
through their operating licenses or other agreements. Such measures will help companies
credibly demonstrate their efforts to respect human rights in Burma. They will also
discourage extralegal, illegitimate, or overbroad requests from the authorities.
Finally, third-party monitoring of a firm’s implementation of human rights standards is
crucial to the credibility and effectiveness of those standards and has become an essential
part of multi-stakeholder initiatives in several sectors.42 Telecommunications and ICT
companies operating in Burma should commit to independent, third-party monitoring,
ideally as part of their global human rights commitments. The Global Network Initiative
provides a mechanism for such monitoring for companies that join the organization.43
Risks of Joint Ventures and Other Business Partnerships
The telecommunications sector often operates through joint ventures or combinations of local
and international partners in consortiums. If a company enters Burma with a joint venture
partner or business consortium, the company should secure the same commitment to
transparency and human rights due diligence from business partners by contractual
agreement. Contracts should also include mechanisms for oversight and monitoring of
compliance with human rights policies established through such agreements.
In addition, corruption remains a considerable risk, as seen with the former
telecommunications minister Thein Tun now the subject of a corruption probe.44 Any
42
See, for example, Fair Labor Association, “Transparency,” undated, http://www.fairlabor.org/transparency (accessed May
13, 2013); Extractive Industries Transparency Initiative, “EITI Validation,” undated, http://eiti.org/validation (accessed May
13, 2013); Global Network Initiative, “Governance, Accountability, and Learning Framework,” undated,
http://www.globalnetworkinitiative.org/governanceframework/index.php (accessed May 10, 2013) .
43
Global Network Initiative, “Governance, Accountability, and Learning Framework.”
44
See Gwen Robinson, “Probe hits opening up of Myanmar telecoms,” Financial Times, January 28, 2013,
www.ft.com/intl/cms/s/0/f80589cc-689b-11e2-9a3f-00144feab49a.html (accessed April 10, 2013).
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