Sexual Orientation and Gender Identity Minorities in Transition: LGBT Rights and Activism in Myanmar

Description: 

"Myanmar’s1 political and legal institutions have been rapidly changing since the 2010 general elections—the first multi-party contest in fifty years. The elections were followed by the release of Aung San Suu Kyi and the major- ity of other political prisoners in 2010 and 2011, the National League for Democracy’s victory in the 2012 by-elections, and the revival of diplomatic relations with the United States.2 Lessons from elsewhere suggest that times of political liberalization are opportune moments for domestic lesbian, gay, bisexual, and transgender (LGBT) rights movements to emerge, as activists enjoy greater civil-political freedoms to raise rights consciousness, speak out against oppression, and organize collectively.3 Therefore, while Myanmar’s military regime transitions into civilian rule and democratic institutions, this article examines the sociolegal conditions of its sexual orientation and gender identity (SOGI) minorities,4 highlights their collective efforts at— and prospects for—legal redress, and points to future research directions. Grounded in ongoing fieldwork in Myanmar and Burmese communities in Thailand since 2011,5 this article provides the first account of the legal and human rights status of SOGI minorities in Myanmar and the emergence of an indigenous LGBT rights movement. SOGI minorities in Myanmar routinely suffer human rights abuses: The British colonial legacy of Section 377 of the Penal Code still criminal- izes same-sex sexual relations; wide statutory powers enable a corrupt police force to persecute them in their everyday lives; and they lack legal redress for discrimination and abuse inflicted by family members, employ- ers, teachers, and others in their social circles. However, even before the political transition, Myanmar’s LGBT rights activists had begun to address these issues, building ties between migrant and grassroots communities in their home country to seed a movement that eventually coincided with the country’s democratization. Hence, since 2012, they have organized the first International Day Against Homophobia (IDAHO) and Transgender Day of Remembrance (TDoR) events in Yangon and other cities,6 conducted research to document human rights abuses, called for legal reform, and made political alliances. Exiled activists living in Thailand are also returning to Myanmar. As they take advantage of larger political and legal reforms, they are faced with the challenges of seeking decriminalization of same-sex relationships, as well as addressing the police persecution that is symptomatic of Myan- mar’s corrupt and arbitrary legal system. These future challenges and the ways in which LGBT rights activists have thus far overcome repressive laws to organize collectively shed light on the political mobilization of human rights in a changing Myanmar. After providing background on Myanmar’s political transition, this article sets out the legal context, emphasizing restrictions on civil-political liberties that suppress collective organizing. Next, it explains local understandings of SOGI minorities. Then, it analyzes their legal environment, detailing the laws, police abuse, and other forms of discrimination against them. After that, it examines how Burmese activists overcame legal obstacles to build a fledging LGBT rights movement with grassroots support. The conclusion discusses future challenges for the movement and distills broader lessons for Myanmar’s political transition. fifty years of military dictatorship. What is geographically today’s Myanmar fell to British rule following waves of colonization.7 To control widespread crime and disorder, which arose at least partly in response to their colonial invasion, British administrators introduced repressive laws, such as the Un- lawful Associations Act of 1908 and the Rangoon Police Act of 1899, that have had long-lasting impact on civil-political liberties.8 In 1948, when the Union of Burma gained independence from the British, it inherited these repressive laws but also envisioned liberal demo- cratic governance that provided for constitutional protection of fundamental liberties.9 However, ethnic-identity politics immediately troubled the former colony,10 which offered ethnic minorities little meaningful devolution of power within its “quasi [ethnic]-federal structure,”11 and armed groups overran a significant portion of its territory within the first decade of independence. The short period of liberal democracy ended when a caretaker military gov- ernment took power in 1958 and then cemented military rule with a coup in 1962. The military government later promulgated the 1974 constitution and declared Burma a one-party socialist state, solidifying its dictatorship under a centralized, totalitarian state structure.12 In 1988, after twenty-six years of military rule and severe economic mismanagement, a mass, student-led uprising erupted throughout urban areas. General Ne Win stepped down, but the military eventually reasserted control by killing an estimated 3,000 protestors.13 Amidst the crackdown on protestors, widespread arrests, and torture, the new regime—named the State Law and Order Restoration Council, and later the State Peace and Develop- ment Council—vowed to restore stability and claimed that it would hand over power after elections in 1990.14 However, when the National League for Democracy party won 82 percent of the seats, the junta suppressed the party and continued to hold Aung San Suu Kyi under house arrest.15 Ruled by the military since 1962, Myanmar experienced drastic changes in its legal system that undermined judicial independence and hampered the development of common law, inherited from the British.16 The junta gained notoriety for human rights violations, some of which were carried out using such draconian legislation as the Emergency Provisions Act and the State Protection Law, under which Aung San Suu Kyi was detained.17 Meanwhile, urban activists from the 1988 uprising went underground or joined the in- surgency in rural areas. Others fled into political exile and founded human rights organizations overseas, focusing on issues such as ethnic minorities, gender, youth, and LGBT rights. After disregarding the results of the 1990 elections, the junta announced that it would draw up a new constitution. This constitution was finally passed in 2008 by a managed referendum that was widely perceived as il- legitimate.18 While the new constitution provided for a presidential system of governance19 with a bicameral legislature,20 it also reflected the military’s continuous influence over politics. Members of the armed forces are guaran- teed 25 percent of the seats in the Lower House of the Hluttaw (parliament)21 and six out of eleven members of the powerful National Security Council, which selects the Commander-in-Chief.22 Fundamental rights are limited by qualifications, such as “Union security,” “law and order,” and “public order and morality,”23 and come with a revocation clause that allows the military to curtail rights with impunity.24 The first nationwide elections under the 2008 Constitution took place in 2010. Contrary to gloomy predictions,25 President Thein Sein’s govern- ment rapidly implemented reforms, signaling the beginning of transition to civilian rule. Since then, the new government has released the majority of political prisoners, allowed Aung San Suu Kyi and the National League for Democracy to enter parliament, brokered a near-nationwide ceasefire with insurgent groups (fighting continues in Northern Myanmar), permitted political exiles to return, established the Myanmar National Human Rights Commission, abolished pre-publication print censorship, removed restrictions on “politically sensitive” websites, and passed laws allowing independent trade unions and peaceful assembly.26..."

Creator/author: 

Lynette J. Chua and David Gilbert

Source/publisher: 

Human Rights Quarterly

Date of Publication: 

2015-00-00

Date of entry: 

2021-10-13

Grouping: 

  • Individual Documents

Category: 

Countries: 

Myanmar

Language: 

English

Local URL: 

Format: 

pdf

Size: 

192.66 KB

Resource Type: 

text

Text quality: 

    • Good