Access to gender-specific information
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In Myanmar, information is treated as the ‘property’ of the state, jealously guarded from the
public. This can be seen from the President right down to the township authorities, and
includes the judiciary and parliament. Myanmar has no law that protects the right to
freedom of information, nor does the Constitution provide for such a right. The News Media
Law (2014) includes a highly restricted right, which only applies to journalists.
Legislation greatly prohibits the sharing of state-held information. The Official Secrets Act
(1923), Evidence Act (1923), Electronic Transactions Act (2004), Burma Wireless
Telegraphy Act (1933), Computer Science Development Act (1996), and Television and
Video Act (1996) all criminalise the collection, possession or dissemination of information
or “false news” which is “detrimental to national interests”, and provide for sanctions
ranging from 14-year prison sentences to the death penalty.
As a result, the government of Myanmar is largely unaccountable and makes decisions that
few can confidently question based on available information. Indicators on the
government’s performance are some of the worst globally137 and Myanmar is one of the
most corrupt countries in the world, third in the region behind only North Korea and
Afghanistan.138
Despite the 2010 changes in government and their stated commitment to participate in
transparency initiatives such as the Open Government Partnership, the past five years have
seen no improvement in the tackling of corruption. The government does little to facilitate
the free flow of information. Despite a presidential order in 2014 for all ministries to
engage with the media, many ministries and departments still have no public relations
department, no departmental spokesperson, and no publicly advertised phone number ready
to answer even the most basic of queries.
The fear of asking for information remains deep-rooted in civil society. The government
constantly reminds people about the penalties if they ask for information. For example, in
April 2014, a journalist and an activist were imprisoned merely for asking a local education
department official for information about the implementation of a scholarship scheme.139
The key participants agreed with the UN special rapporteur140 that while the lack of access
to information affects all in Myanmar regardless of gender, the effect is particularly
pronounced for women, who have an additional need for gender-specific information about
their reproductive and sexual health. Despite this additional need, participants noted a
number of gender-specific barriers affecting women:
•
their general lack of awareness of the right to information and where to ask for
information
ARTICLE 19 - Censored gender: Women’s right to freedom of expression and information in Myanmar - Page 49