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). REFORMING TELECOMMUNICATIONS IN BURMA 20

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