Description:
EXECUTIVE SUMMARY: "From 1962 to 2011 in Burma, the combination of repressive rule
by a male-dominated military and a traditional cultural patriarchy had insidious and pervasive
long-term negative effects on women?s equality. Decades of repression adversely
impacted women?s health, well-being and welfare, ability to participate in politics
and political decision-making, and educational, economic and employment
opportunities. Moreover, during those six decades the military
also waged war in
several regions of Burma against various Ethnic Armed Organisations (EAOs), and
conflict continues to this day. These long-running conflicts h
ave been characterized
by human rights abuses against ethnic communities, including se
xual violence
against ethnic women, and have had a devastating negative impact on the rights and
opportunities available to ethnic women.
In 2011, the military instituted a process of reform as part of
a carefully-orchestrated
plan to continue military rule under the guise of democracy. Since this nominally-
civilian government (the Government) took power in 2011, women
in Burma have
experienced limited improvements with respect to fundamental human rights and
freedoms but are far from enjoying the rights required by the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW), to which
Burma is a party. After years of ?reform,” significant economic, political and social
problems for women remain:
widespread poverty and underdevelopment; a lack of
legal, administrative and institutional capacity; a governing system that continues
to lack true accountability and transparency; ongoing ethnic conflict, including
continued human rights abuses and sexual violence by military forces; and pervasive
gender inequality. The failure, after five years in office, of
the Government to improve
women?s rights to substantive equality and non-discrimination demonstrates a
disregard for CEDAW?s mandates and compares unfavorably with troubling actions
such as continuing sexual violence by the military, the swift passage of the
discriminatory Laws on Race & Religion, and the failure to enact a comprehensive
violence against women law.
This Report focuses the women?s human rights situation in Burma?s ethnic areas, in
particular in remote and conflict affected areas where most of
WLB?s member
organisations are operating. We highlight the ways in which rural and ethnic women
in Burma are denied the equality and non-discrimination guarantees provided by
CEDAW. While all women in Burma face the same struggle to enjoy their rights
under CEDAW, rural and ethnic women face additional hurdles and
specific harms
such as trafficking, unequal access to education and healthcare, land insecurity and
the devastating impact of drug production and trade. Moreover,
rural and ethnic
women are directly implicated by armed conflict and the quest for peace. This gap
between the experiences of women in cities and urban settings versus those of ethic
women in rural areas must be understood and taken account when
analyzing the
status of women?s rights in Burma.
This Report seeks to highlight certain significant factors impeding women?s rights
throughout the country. First, the military continues to play a
powerful role in
society and politics. This deeply-entrenched power is provided, in part, by the 2008
Constitution which grants the military complete legal autonomy
over its own affairs,
placing it outside of any civilian oversight by the executive or legislative branches.
Further, the Constitution provides immunity to the military and
Government officials
for any misdeeds, including conflict-related sexual violence, in office and ensures
that all military matters are to be decided solely by the military. Other provisions,
such as Parliamentary quotas, ensure that the Military will retain a significant role
in the legislative and executive branches. Therefore, the power
and domination of
the military at all levels of government is guaranteed in the Constitution, and,
because the Military enjoys a veto over all Constitutional amendments, this power is
unlikely to be reduced in the near future.
Second, continued conflict has caused additional suffering for
ethnic and rural
women. The military has committed human rights abuses, including sexual violence
against ethnic women, as part of its offensives in ethnic areas. Part of the conflict
stems from a desire to control the vast natural resources in ethnic areas, and the
military and its cronies have long-standing and extensive business interests in
ethnic regions. Continuing conflict, and the web of military presence and business
interests in ethnic areas, has had a devastating effect on women and women?s rights,
especially in rural and ethnic areas.
Third, part of the lack of progress on women?s equality is due
to the woefully
inadequate legal system in Burma. First and foremost, the Constitution itself
establishes structural barriers to equality, and discriminates
outright against women
through failing to provide a CEDAW-compliant definition of discrimination and
limiting job opportunities for women. It also discriminates against women indirectly
by establishing the Parliamentary quotas for the military. Most
of the laws that
relate specifically to women are outdated, such as the Penal Code of 1861, and many
laws, regulations, and policies (including customary law) are disadvantageous and
discriminatory towards women. Laws passed since 2011 often did
not take women?s
concerns into account and some, such as the Laws on Race & Religion, are
discriminatory outright. Women also do not enjoy protection from anti-discrimination legislation or a comprehensive violence against
women law, which is
of particular concern for women victims of conflict-related sexual violence.
Moreover, even legal and other rights that are available on paper are often not
enforced due to corruption in the legal system, the police force and other
governmental authorities. These failures are compounded by a judiciary that is
unreliable, susceptible to military influence and corruption, and often unwilling to
enforce the rule of law. Outside of the formal legal system, the application of
customary laws which are prevalent in rural and ethnic areas can also impede
women?s access to justice. These factors present serious obstacles to women?s ability
to know or enforce their rights.
It is hoped that ensuring women?s equality will be a greater focus of the new NLD-led Government that came to power in April 2016. Given the structural barriers
established by the military, including those in the Constitution, reducing the power
and influence of the military will be a challenge. To encourage the new Government
on the path to ensuring human rights, and women?s rights, it is
crucial to provide it
with guidelines and signposts for action. Forums such as this
CEDAW review are
essential to establishing benchmarks for women?s rights and equality, as promised
by CEDAW. Rights under CEDAW should be made available, without
restriction or
further delay, to every woman and girl in Burma, regardless of
her region, religion,
or ethnicity."
Source/publisher:
Women?s League of Burma
Date of Publication:
2016-07-00
Date of entry:
2016-07-18
Grouping:
- Individual Documents
Category:
Language:
English
Local URL:
Format:
pdf
Size:
3.09 MB