Section 2 | FOUNDATIONAL FACTORS 2.4 The Legal Environment Current laws, regulations, and policies underpin existing constraints to gender equity in digital access and skills and also frame windows of opportunity. Broadly speaking, the legal IREX INSIGHT environment is supportive of both digital development and gender equity. While many of the Embedding equity targets into most restrictive rules have been lifted—for example, internet cafes are no longer required to existing gender-blind legal register or photograph users129—there are still concerns about lack of protections for digital security, freedom of expression, and intellectual property. Despite strong de jure support for most women’s rights, there are also serious gaps in reproductive rights, land reforms, and restrictions on interfaith marriage that undermine gender equality.130 Perhaps most tellingly, the political will to enforce those rights enshrined in law is lacking. 131 In addition, there is a frameworks for ICT integration is the most likely means to incentivize policy changes that narrow the gender digital divide. complete lack of coordination on legislation affecting the two sectors, missing important means to harmonize policies and leverage mutually beneficial support and resources to close the gender digital divide. In the past five years, the GoM and international stakeholders have invested considerable time and resources132 into modernizing Myanmar’s legal and regulatory framework in support of an information economy. The Myanmar Centre for Responsible Business conducted an exhaustive ICT sector impact assessment in 2015 that included a review of all relevant ICT laws, regulations, and policies that are in force, pending, or planned.133 These include regional instruments such as the 2015–2020 ASEAN ICT Master Plan as well as the national Telecommunications Master Plan and the Electronic Transactions Law of 2004, which is reportedly being revised with assistance from the World Bank. Although there have been three five-year ICT Master Plans since 2001, these were developed and issued by the Myanmar Computer Federation rather than the MCIT and thus lacked a clear mandate for implementation of planned initiatives such as ICT teacher training and connectivity for 1,000 schools. The most impactful framework was the 2012–2015 Framework for Economic and Social Reform (FESR), which (among other things) prioritized ICT regulatory reforms such as liberalization of the telecommunications market and infrastructure improvements, which have largely been carried out (see section 2.3 above). Another positive development was the revocation in 2012 of the 2008 ban on Voice over Internet Protocols (VoIP) such as Skype.134 Despite this progress, vestiges of military control remain and serve as a brake upon digital development. For example, insufficient protections for online freedom of expression came to the fore in 2016, when former information minister Ye Htut called for Fiona MacGregor, investigative reporter for the English-language Myanmar Times, to be charged under section 66(d) of the relatively recently revised Telecommunications Law of 2013, which criminalizes online defamation.135 The Telecommunications Law also includes vaguely Tupas, “Is Burma’s ‘Disconnectivity’ Deliberate?” Adopted in July 2015, the law requires Buddhist women and men of other faiths to register their intent to marry with local authorities, who will display a public notice of the engagements. Couples can marry only if there are no objections; but if they violate the law, they could face imprisonment. See Agence France-Presse, “Myanmar’s Parliament Approves Controversial Interfaith Marriage Law,” Radio Free Asia, July 7, 2015. 131 Gender Equality Network and Global Justice Center, Report on Obstacles to Gender Equality in Myanmar (Yangon: Gender Equality Network, July 2016). 132 Primarily the World Bank’s $31.5 million Telecommunications Sector Reform Project (2014–19). 133 Myanmar Centre for Responsible Business, Institute for Human Rights and Business (IHRB), and Danish Institute for Human Rights (DIHR). Myanmar ICT Sector-Wide Impact Assessment, September 2015, 55–84. 134 ADB, Developing Myanmar’s Information and Communication Technology Sector, 10. 135 Reporters Without Borders, “RSF Calls for Probe into Reporter’s Dismissal by Myanmar Times,” press release, November 26, 2016. 129 130 Ending the Gender Digital Divide in Myanmar: A Problem-Driven Political Economy Assessment | 42