Law
The CEDAW Committee was concerned that, despite Myanmar’s having been a party to
CEDAW since 1987, the 2008 Constitution is incompatible with the Convention.108 The
Constitution limits the prohibition on discrimination under Article 352 with the provision
“nothing in this section shall prevent appointment of men to the positions that are naturally
suitable for men only”. The Committee highlighted that the constitutional reservation of
25% of parliamentary seats for the military has the effect of excluding women from a
quarter of parliament.
Many laws and customary laws that discriminate against women still remain on the books in
Myanmar.109,110 The Committee has recommended that legislators in particular need to be
more aware of gender-based discrimination in order to adopt laws to build de jure equality
for women, including through the introduction of special temporary measures.111
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Government action on gender
The government has responded to widespread concerns about the levels of gender-based
discrimination in Myanmar. In 2013, it launched a National Strategic Plan for the
Advancement of Women (2013-2022). It claimed that the Plan was based on 12 priorities
in the Beijing Platform for Action and on CEDAW.112 The Plan’s objective is:
All women in Myanmar are empowered and able to fully enjoy their rights with the
support of the Government of the Republic of the Union of Myanmar. Enabling
systems, structures and practices are created for the advancement of women,
gender equality, and the realization of women’s rights.
The Plan covers livelihoods, education, health, violence, emergencies, the economy,
decision making, institutions, human rights, the media, the environment, and children. It
includes commitments to research, awareness raising and implementation of new
programmes. There is, however, no sign of its being implemented.
ARTICLE 19 - Censored gender: Women’s right to freedom of expression and information in Myanmar - Page 30