Recommendations
To Development Partners &
Home Governments
1. Support the strengthening of human rights, social and
environmental considerations within ICT policy, legal and
regulatory improvements, especially those highlighted in
Recommendations 2 and 3 to the Myanmar Government.
Key Points for Implementation
Support the Myanmar Government to introduce of an effective framework for
the ICT sector that includes adequate safeguards. A number of partners including
the Asian Development Bank (ADB), the World Bank, and the European Union (EU)
are working on parts of the ICT regulatory framework. Given the past history of the
country, it will be important to support the Government through both appropriate
technical advice and political messaging, to ensure that the regulatory frameworks
being put in place appropriately safeguard human rights. Any revised frameworks
being supported with donor funding should not facilitate a return to excessive
surveillance and repression. This might occur, for example, if the regulatory
framework has been too broadly worded and allows wide latitude in interpreting and
implementing the law. Development partners should ensure that the consultants
hired by them or through the international financial institutions can and do provide
appropriate advice, not only on technical matters but also on the balance to be struck
in regulatory frameworks to ensure human rights are safeguarded.
Monitor whether the Government has developed its regulations on lawful
interception in line with international standards and good practice as set out in the
Annex to the Recommendations.
Support rule of law changes to develop on-going checks and balances in the
system necessary to ensure implementation of an adequate ICT regulatory
framework with appropriate safeguards. For example, the Government has indicated
that it will require judicial review of lawful interception requests made by the
Government. That is an important step, but it will be important to ensure that judges
receive appropriate training and are part of a broader programme to strengthen the
rule of law in Myanmar.
Support programmes to develop civil society capacity to engage effectively with
the Government on the extensive ICT reforms and with ICT companies (see
Recommendations to CSOs, Human Rights Defenders & the Media above).
Support programmes to develop media capacity to report on ICT issues.
Encourage the international financial institutions (IFIs) working on ICT sector
reform in Myanmar to make information and expertise available in order to engage a
wider portion of Myanmar civil society and the population on the work they are doing.
RECOMMENDATIONS TO DEVELOPMENT PARTNERS & HOME GOVERNMENTS 31
Recs