Section 2 | FOUNDATIONAL FACTORS
worded clauses that empower the government to filter “a specific type of communication”
content, arbitrarily disrupt or disconnect internet access “in the interest of the public,” and
“temporarily control and use the telecommunications service provider businesses and
equipment.”136 Other legal and regulatory gaps include a lack of data privacy and protection
policies, cybersecurity standards, or an intellectual property law in an environment
where copycat products and outright piracy are rampant, which is a disincentive for local
innovation.
Some aspects of legal gender equality, particularly women’s political and economic rights,
were adopted decades ago. In 1935 Myanmar became the second country in what is now
ASEAN to grant women the right to vote, and since then women have had constitutional
rights to equal participation in politics (for actual rates of participation, see section 3.1
below). In customary law, Bamar women have long had the legal right to division of property
in divorce and equal rights of inheritance; according to statutory law, all Myanmar citizens,
regardless of ethnic or religious affiliation, enjoy this provision.137 Constitutional equality
for men and women is guaranteed in Article 75 of the 2008 Constitution, and the new
minimum-wage law enacted in 2015 specifies that it applies equally to men and women.138
However, gaps remain, such as the lack of legal prohibitions against sexual harassment at
the workplace139 or online.140 And the recent National Strategic Plan for the Advancement of
Women 2013–2022 (NPSAW), developed by the Myanmar National Committee for Women’s
Affairs and the Department of Social Welfare, makes no mention the gender digital divide,
ICTs, or the impact of Myanmar’s evolving information society.141
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, 71–76.
137
ADB, Technical Assistance to Myanmar.
138
Urbano and Dickinson, Women and the Economy in Myanmar.
139
Ibid.
140
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, 226–27.
141
United Nations Population Fund and Myanmar National Committee for Women’s Affairs, National Strategic
Plan for the Advancement of Women (2013–2022) (Yangon: UNFPA, 2013).
136
While it is encouraging that
Myanmar’s transition to a
quasi-civilian government
in 2011 has led to limited
democratic reforms,
increasing engagement
with the international
community and a sharp
increase in foreign direct
investment, women have,
in large part, not been
the beneficiaries of these
reforms. Advances to
ensure women’s rights and
improve the situation of
women in Myanmar have,
in general, been noticeably
absent from reform
efforts, in part due to the
absence of women from
decision-making positions
and in politics. Even the
Government’s reporting to
this Committee identifies
efforts to improve women’s
rights as prospective
rather than on-going,
demonstrating the
Government’s lack of
political will to prioritize
women’s issues.
—Gender Equality Network
Shadow Report to CEDAW,
July 2016
Ending the Gender Digital Divide in Myanmar: A Problem-Driven Political Economy Assessment
|
43