Gender Equality Womens Rights Myanmar
Gender Equality Womens Rights Myanmar
Gender Equality Womens Rights Myanmar
2016 Asian Development Bank, United Nations Development Programme, United Nations Population Fund, and the United Nations Entity for
Gender Equality and the Empowerment of Women
Cataloging-In-Publication Data
Asian Development Bank, United Nations Development Programme, United Nations Population Fund, and the United Nations Entity for Gender
Equality and the Empowerment of Women
Gender equality and womens rights in Myanmar: A situation analysis.
Mandaluyong City, Philippines: Asian Development Bank, 2016.
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Chapter 1: Introduction 1
1.1 Myanmars Social, Economic, and Political Context 2
1.2 The Reform Agenda 3
Governance reforms 3
The peace process 7
Communal tensions 11
Economic and social reforms 11
1.3 Gender Equality and Womens Rights in Myanmar: An Overview 17
Gender equality and womens rights in the governments reform agenda 17
Signposts of progress on gender equality and womens rights in Myanmar 18
National Strategic Plan for the Advancement of Women (20132022):
A signicant milestone 21
1.4 Purpose of This Publication 23
Methodology 25
2.3 Enablers and Obstacles to Womens Full and Equal Participation with Men
in the Economy 75
2.4 Conclusions and Recommendations 80
Chapter 6: Gender Equality and Womens Rights in Political Processes and Governance 151
6.1 Signicance of Gender Equality and Womens Rights in Political Processes
and Governance 153
Contents v
Chapter 7: Gender Equality and Womens Rights in the Peace Process in Myanmar 181
7.1 Signicance of Including Women and Their Priorities in Peace Processes 183
7.2 Trends in Womens Situation in Conict and in All Aspects of the Peace
Process in Myanmar 184
Gender-based vulnerabilities and capacities in conict situations
and the peace process 184
Womens participation in government peace-related institutions
and parliamentary committees 187
Womens participation in political decision making in ethnic armed organizations 188
Womens participation in ethnic armed organizations as negotiators,
technical advisors, and observers at the peace table 189
Women as conict monitors 190
Role of women civil society groups in the peace process 190
Women as peace builders 191
Womens priorities in peace agenda 191
7.3 Enablers and Obstacles to Including Women and Their Priorities
in Myanmars Peace Process 193
7.4 Conclusions and Recommendations 196
Appendix
Table A.1: Progress against Millennium Development Goal
Targets Associated with Health 220
Table A.2: Labor Force Participation Rate, Unemployment Rate,
and Employment-to-Population Ratio, by Region and State 221
Boxes, Figures, and Tables
Boxes
1 Government of Myanmars Framework for Economic and Social Reforms:
Human Development Priorities 12
2 National Strategic Plan for the Advancement of Women (20132022):
12 Priority Areas 22
3 Myanmar: Enhancing Rural Livelihoods and Incomes Project 51
4 Examples of Regional Electrication Projects 60
5 Myanmar: Pro-Poor Community Infrastructure and Basic Services Project 62
6 Transport-Based Gender Differences 66
7 Examples of Gender-Sensitive Transport Projects in the Region 68
8 Unpaid Care Work: Survey of Migrant Women in Thailand 72
9 Girls Who Code Can Change the World 108
10 Skills Training for Community-Based Tourism that Benets Women 109
Figures
1.1 Myanmars Peace Architecture 9
2.1 Poverty Incidence, by Region and State, 20092010 34
2.2 National Poverty Share, 20092010 35
3.1 Grade Attainment Prole 94
6.1 Representation of Women in Government Departments
and Public Administration, from 20042005 to 20102011 160
Tables
2.1 National Poverty Incidence, 2005 and 2010 33
2.2 Proportion of Employed People Living Below the National Poverty Line,
20042005 and 20092010 34
2.3 Poverty Gap Ratio, 20042005 and 20092010 35
2.4 Share of Poorest Quintile in National Consumption, 20042005 and 20092010 36
2.5 Gender Disparity, by Socioeconomic Characteristics, 2010 37
2.6 Labor Force Participation Rate for the 6 Months Prior to the IHLC Survey,
2005 and 2010 40
2.7 Employment-to-Population Ratio, 20042005 and 20092010 41
2.8 Employment Type of Economically Active Population, 2010 42
Boxes, Figures, and Tables vii
The Ministry of Social Welfare, Relief and Resettlement, the leading ministry for
implementing womens advancement and empowerment, adopted the National Strategic
Plan for the Advancement of Women 20132022, which includes 12 critical areas aligned
with the Beijing Platform for Action: women and livelihoods, women and education and
vocational training, women and health, violence against women, women and emergencies,
women and the economy, women and decision making, a national mechanism for women,
women and armed conict, women and the media, women and the environment and the
protection and empowerment of girls.
In partnership with United Nations organizations and the Asian Development Bank
(ADB), the Department of Social Welfare under the Ministry of Social Welfare, Relief and
Resettlement is pleased to launch Gender Equality and Womens Rights in Myanmar:
A Situation Analysis. The report analyzes womens development programs in Myanmar as a
means to further our work on gender equality and womens rights.
This report reects the results of a consultative process that began 2 years ago and involved
multi-stakeholder workshops to discuss the purpose and content of the publication. The
nal draft was validated by a multi-stakeholder group that comprised several government
ministries, civil society groups, United Nations agencies, ADB and other development
partners, thus embodying the perspectives of a wide range of partners.
Important data from this research have already informed the governments fourth and
fth combined CEDAW report submitted to the CEDAW Committee in late 2014. This
publication will certainly guide implementation of the CEDAW Committees Concluding
Comment, in line with the National Strategic Plan for the Advancement of Women and
with the Sustainable Development Goals. Data and analysis contained in this publication
also will provide pointers to our work on ending violence against women in Myanmar.
The Myanmar Ministry of Social Welfare, Relief and Resettlement launched its National
Strategic Plan for the Advancement of Women, 20132022, aligning it with the 12 areas of
the Beijing Platform for Action. A year later, the ministry submitted the governments report
to the Committee on the Elimination of Discrimination against Women in preparation
for the 2016 review of progress made in relation to requirements as a signatory to the
Convention on the Elimination of All Forms of Discrimination against Women, 1979
(CEDAW). These are important demonstrations of government accountability to women.
Both CEDAW and the Beijing Platform for Action are the global standard setters for the
achievement of gender equality and womens rights.
This gender situation analysis report is a collaborative initiative between the Ministry
of Social Welfare, Relief and Resettlement, United Nations agencies, and the Asian
Development Bank. It provides a timely analysis of the progress and challenges in Myanmar
toward realizing gender equality and womens rights.
The analysis underscores how socioeconomic and political policies can contribute to a
more sustainable and prosperous society if they are crafted and implemented with the
ambition of gender equality and the realization of womens rights at their core. For instance,
providing affordable, accessible, and quality childcare services and investing in safe and
affordable labor-saving domestic appliances can free up womens time for paid work and
skills training. By investing in measures that promote womens economic inclusion, society
not only benets economically but also through multiple other direct and indirect social
benets. It is important to raise employers awareness on gender equality measures in the
workplace and accountability for the same.
quality of life for the people of Myanmar. Gender equality can enable all these reform
processes to proceed quicker and more sustainably. We hope this report will contribute
toward further efforts to make gender equality and womens rights a central feature of
Myanmars 21st century reform process.
Overall coordination: Ministry of Social Welfare, Relief and Resettlement; and Department
of Social Welfare of the Government of the Republic of the Union of Myanmar
Technical coordination: United Nations Entity for Gender Equality and the Empowerment
of Women (UN Women)
Core team: Roberta Clarke (UN Women), Jean DCunha (UN Women), Janet Jackson
(United Nations Population Fund [UNFPA]), Sanda Thant (United Nations Development
Programme [UNDP]), Khinzar Naing (UNFPA), and Uzma Hoque (Asian Development
Bank [ADB])
United Nations agencies and other development organizations: ADB; Food and
Agriculture Organization of the United Nations (FAO); International Labour Organization
(ILO); International Organization for Migration (IOM); Joint United Nations Programme
on HIV/AIDS (UNAIDS); UNDP; United Nations Educational, Scientic and Cultural
Organization (UNESCO); UNFPA; UN-Habitat; United Nations High Commissioner for
Refugees (UNHCR); United Nations Childrens Fund (UNICEF); United Nations Office for
the Coordination of Humanitarian Affairs (UNOCHA); United Nations Office on Drugs
and Crime (UNODC); United Nations Office for Project Services(UNOPS); UN Women;
World Food Programme (WFP); and the World Bank.
Civil society: Gender Equality Network and the Womens Organization Network
Research and writing: Jean DCunha (UN Women: summary, introduction, political
participation, conict, conclusions and recommendations); Yamini Mishra (UN Women:
economy); Uzma Hoque (ADB: economy); Helen Thomas (Consultant: education and
health); Jane Davies (UNICEF: education); Christopher A. Spohr (ADB: education);
and Anna-Karin Jatfors (UN Women: violence against women). Signicant inputs were
provided by Krittiyawan Boontok and Nwe Aye Aye (UNAIDS: HIV, AIDS, and health);
Kiran Bhatia (UNFPA: health and violence against women); and Yumiko Yamamoto
(UNDP: economy).
UNFPA
UNFPA
ADB
Executive Summary
Myanmar is in rapid political and economic transition, with a triple-reform agenda focused
on democratic governance and rule of law; national unity and peace via reconciliation with
political parties and ethnic armed organizations; market-oriented economic adjustments,
inclusive growth, bottom-up planning and decentralization; improved management of
government institutions; collaboration with the international community and Myanmars
diaspora; and removal of media censorship.
Notable advances include (i) a new Constitution, general elections, fair Parliament
by-elections in 2012 and in the national general elections of November 2015; and a
convening Parliament; (ii) releasing of political prisoners; (iii) legal reforms; (iv) establishing
institutions to protect constitutionally guaranteed fundamental human rights;
(v) a pluralistic media; (vi) abolishing prepublication and most internet censorship;
(vii) restoration of the census; (viii) bilateral ceasere agreements with 14 ethnic groups
and a prospective nationwide ceasere agreement; (ix) increased private sector investment,
economic diversication, investments in agriculture, rural development, and high value-
added sectors; and (x) nancial infrastructure reforms.
But the pace of change needs to match institutional absorptive capacity. Challenges
include developing a culture of human rights and democratic governance; navigating
plural legal systems; addressing issues related to federalism, constitutional reform, and
the upcoming elections; appreciating diversity and addressing the aspirations of ethnic
nationalities; ensuring equitable development; and reducing inequalities generated by
market reform. Despite the challenges, Myanmars reforms provide cause for balanced
optimism and are a game changer of sorts.
And despite the progress, greater investment is needed to ensure that women and girls
benet equally with men and boys from the socioeconomic reforms. This would fulll state
commitments to gender equality and womens rights, which are also critical for sustainable
human development and the sustainability of Myanmars reform process.
The governments reform agenda is framed generically, with little to suggest that it
addresses gender equality and womens rights comprehensively and that it responds
to gender and other interfacing inequalities. However, the National Strategic Plan
for the Advancement of Women (20132022), based on the 12 priority areas of the
Beijing Platform for Action, 1995, is an opportunity to instill a gender equality agenda.
Implementation of the Plan for the Advancement of Women can occur through
interministerial collaboration and gender mainstreaming into sectoral policies, plans,
and programs. Implementation can build on the progress to date, with emphasis on
Executive Summary xvii
resolving the continuing gaps and including gender equality perspectives more robustly
into the Framework for Economic and Social Reforms and the National Comprehensive
Development Plan (2011-2030).
This situation analysis consolidates existing data (limited in some areas) on gender equality
and womens rights in critical areas of womens lives, which are the basis of the National
Strategic Plan for the Advancement of Women: livelihoods, participation in the economy,
education, health care, violence, womens leadership, political participation, and the peace
processes. Making the best of the data challenges, this analytical prole serves to inform
policy processes and implementation of the Plan for the Advancement of Women to
benet all dimensions of womens lives.
expressed concern that the 2008 Constitution included references to women principally
as mothers, maintaining that this may reinforce the gendered stereotype of women as
quintessential mothers and in need of protection; that neither the Constitution nor
domestic legislation, when approved, provided for temporary special measures to achieve
gender equality; that some laws and customs discriminate against women on grounds
of ethnicity and within ethnic groups; that despite prohibiting gender discrimination in
appointments to government posts, the Constitution also clearly states that nothing in this
section shall prevent appointment of men to positions that are naturally suitable for men
only.
Global and regional indices and national data reect continuing gender inequalities in
Myanmar. The 2013 Gender Inequality Index ranked Myanmar 83rd of 187 countries, while
the 2012 Social Institutions and Gender Index placed the country at 44th of 86 countries
and 8th of nine countries in East Asia and the Pacic.
Institutional mechanisms
for gender mainstreaming
Myanmar has institutional mechanisms to implement its commitments to gender equality
and womens empowerment, led by the Ministry of Social Welfare, Relief and Resettlement.
These include the Department of Social Welfare, which is the government focal point
on gender equality and womens rights; the Myanmar National Committee for Womens
Affairs, an interministerial policy-related mechanism established in 1996 and reestablished
in 2012 under the new government to implement the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW) and the Beijing Platform for Action;
the Myanmar Womens Affairs Federation, established in 2003 as a government-resourced
and staffed nongovernment organization that assists the National Committee for Womens
Affairs to implement CEDAW and the Beijing Platform for Action nationwide; and the
Myanmar Maternal and Child Welfare Association, which was established in 1991 to
promote maternal and child health and well-being in remote areas.
Women have beneted from skills training and small loans from the Ministry of Womens
Affairs; business loans from the Myanmar Women Entrepreneurs Association; and from
improvements in micronance, microcredit, and savings groups. In 2010, there were more
than 5,100 self-help groups, each with about 1015 women members.
Executive Summary xix
Social protection, poverty alleviation and rural development is now a national priority with
laws and schemes in place to ensure this. These include maternity and paternity benets
and medical care for children up to their rst birthday under the 2013 Social Security Law;
the maternal voucher scheme; cash transfers to mothers with three or more children;
scholarships, stipends, awards, and school feeding programs; and relief food assistance
programs and services for survivors of human trafficking.
Despite some progress in the economy, gendered occupational segmentation and womens
concentration in the informal sector sustain concerns about job stereotyping, job quality,
and sustainability. Women tend to occupy mid-management positionsdirector, deputy
director, assistant director levelsin government jobs and below, but they rarely are found
in senior or senior-most management positions. Women bear the responsibility for unpaid
care work in addition to their paid jobs, while men are typically household heads. Even
though the rate of decline in working poverty is higher for women, the proportion of own-
account and contributing family workers, as an indicator of vulnerable employment, has
been increasing among women, at 57.0% compared with 52.4% for men, according to the
2011 Integrated Household Living Conditions Survey in Myanmar (20092010): MDG Data
Report. Gender wage gaps continue to prevail.
However, there are continuing concerns about retention rates, performance levels of
certain categories of children especially in secondary school, and the quality and gender
sensitivity of education. Impressive national data on female education mask economic,
regional, and urbanrural disparities. For instance, Shan State has the lowest female literacy
rate among young women, at 59.4%. The national data reveal that children from the poorest
households enter primary and secondary schools later than their economically privileged
counterparts.
There are also contradictory trends between related sectors. The obvious progress in
womens education and the larger proportion of women in higher education does not
match posteducation employment data that indicate lower labor force participation rates
and higher unemployment for women than men. And as noted, women do not occupy
commensurate senior levels of economic decision making, despite their education.
xx Gender Equality and Womens Rights in Myanmar
Despite this progress, the majority of maternal deaths occur at home. Only 38% of women
with complications in 2010 were referred to a hospital; 24% reached the hospital, but 14%
died en route due to late referral or transportation delays. Nearly 5% of all pregnancies
ended in abortion in 2010, with especially high rates among adolescents (aged 1519 years).
Contraception prevalence ranged between 39.5% and 46.0% also in 2010, with 24% of
married women having an unmet need for family planning.
The number of females living with HIV was estimated at 69,489, or 34%, of all people living
with the virus in 2012.
The government, largely through the Ministry of Womens Affairs, has introduced services
for the return, repatriation, and reintegration of trafficking survivors, including a number of
counseling centers that mostly assist women. Between 2006 and 2011, 1,307 survivors of
human trafficking received overall assistance.
Much more is needed to address the different forms of violence against women and girls in
Myanmar. In 2008, the CEDAW Committee expressed concern that domestic and sexual
violence in Myanmar were widespread, including sexual violence and rape in conict, and
Executive Summary xxi
accompanied by a culture of silence and impunity. Such cases are often underreported,
and women are reluctant to seek justice in court. Also in 2008, the CEDAW Committee
expressed concern at reports that certain communities of women and girls in northern
Rakhine State, in addition to being subject to multiple forms of discrimination by the
authorities, were also subject to conservative traditions and a restrictive interpretation of
religious norms, which contribute to the suppression of their rights.
The lack of national data and discriminatory cultural attitudes that endorse violence against
women compound the challenges.
The Thein Sein government assigned ministerial and deputy ministerial positions to more
women. As of 31 March 2016, eight women hold cabinet positions at the national level.
These include two women ministers out of 36 positions (one is minister of social welfare,
relief and resettlement, which is the focal ministry for womens affairs, and the other is
minister of education) and six deputy ministers. The six deputy ministers represent the
ministries of Social Welfare, Relief and Resettlement; Health; Culture; Environmental
Conservation and Forestry; National Planning and Economic Development; and Labor,
Employment and Social Security. At least three of the six are nonconventional ministries for
women to hold senior leadership positions.
Similarly, as of 31 March 2016, at the state and/or region level, women held four ministerial
positions: minister for Shan national race affairs in Kachin State; minister for education,
social welfare, religion and culture affairs in Kachin State; minister for nance and revenue
in Yangon Region; and minister for social affairs in the Ayeyarwady Region. Available data
conrm that women are relatively well represented in state administrative organizations,
albeit with a greater concentration at the lower levels. National data on womens
representation in townships was not available. According to a 2014 Myanmar Development
Research Institute and The Asia Foundation report, of the more than 16,743 village
administrators nationwide in 2012, only 19 were women, constituting about 0.1% of
the total.
obtain data on womens proportion of the total membership of the 17 political parties or
information on their party policies, manifestos, or their womens wings to make a gender
analysis. Of the 21 political parties and military appointments in the November 2015
elections, nine parties had women members who secured Parliamentary seats.
With the exception of predominantly women poll workers recruited among teachers
from the Ministry of Education, only one of seven commissioners in the Union Election
Commission is a woman. There is no woman among the senior staff of the Chairmans
Office, nor at director level in the secretariat. Only two of nine deputy directors are women.
Accurate data on womens representation in the election subcommissions at the region
and state levels were unobtainable; however, some subcommissions are conducting
training workshops on womens participation in the electoral process, with support from
development partners.
Currently, 3.4% of Myanmars approximately 72,000 police officers are women, but
occupying only 2% of all mid-level positions. No woman holds a rank higher than police
lieutenant colonelthe highest mid-level rank. Women have traditionally been excluded
from senior positions or combatant roles in the government armed forces and auxiliary
militia but are recruited to the military medical corps and administrative positions. Yet,
the recruitment criteria are more stringent than for males. There are currently three
women military parliamentarians appointed to the Nationalities Assemblynone higher
than the rank of military colonel. Some nonstate ethnic armed organizations have female
combatants.
The Supreme Court is the apex of Myanmars judicial system, below which are 14 state
and region high courts, 67 district and self-administered area courts, 324 township courts,
and special courts. Of 1,107 judges nationwide in 2011, more than half were women, most
concentrated at lower levels (for example, around two-thirds of township judges in Shan
State were women). Of the 52 judges in the 14 state and region high courts, 16 were women.
None of the seven Supreme Court justices are women.
The national peace architecture has two women in the Union Peace-making Working
Committee (UPWC) and two women in more senior positions, among others, in the
Myanmar Peace Center, which provides technical and secretariat support to the UPWC.
Although women were not consistently and adequately represented in negotiations
between the government and the various ethnic armed organizations in the 14 bilateral
ceasere agreements, three ethnic armed groups did have women in their negotiating
teamsthe Karen National Union, the New Mon State Party, and the Karenni National
Executive Summary xxiii
Progressive Party. The government included a woman member of Parliament from Kachin
State in its negotiating team with the Kachin Independence Organization in May 2013.
Two women were included as technical advisors to Kachin Independence Organization
and one as a legal expert to the Karen National Union. Womens civil society groups have
been around the peace table as observers and advocates, though in far smaller numbers
than men.
The nationwide ceasere negotiations had one woman each on the 16-member
government and 16-member ethnic armed organization teams.
Womens groups, with the support of United Nations Entity for Gender Equality and the
Empowerment of Women and others, presented their priorities to negotiating parties for
inclusion in the nationwide ceasere agreement. These include inclusion of gender equality
and womens rights as a core principle in the agreements general principles; prohibition of
sexual violence and an end to impunity for perpetration by parties to the conict; treatment
of sexual violence committed after the ceasere agreement as a breach; elimination
of amnesty provisions for perpetrators of sexual violence; attention to gender issues in
internally displaced persons camps and in reintegration; womens equal representation
with men on conict monitoring, early warning, and early response mechanisms; and equal
representation with men on mechanisms to develop the framework for political dialogue
and in the dialogue.
men and women in communities at large, must have the right to ask for explanations
on noncompliance and press for corrective action. The leverage for womens voice also
originates from the provision of special temporary measures to compensate for womens
historical disadvantage, level the playing eld with men, and fast-track gender equality.
But special temporary measures must be accompanied by other initiatives, such as
gender-sensitive institutional mandates, standard operating procedures, and capacity
building for women and other institutional stakeholders. Womens empowerment
also can be demonstrated by exercising choices between public service providers and
political parties in elections, where competition is encouraged in markets and politics.
Improve sex-disaggregated data and gender statistics in the economy, with special
attention to the agricultural census and household, labor force, and time-use surveys.
Make gender equality, and womens economic rights and empowerment integral to
mandates and operating procedures in all economic policy and institutional settings.
Evaluate the gender impacts of macroeconomic trade, investment, monetary, and scal
policies; macro sectoral policies; and meso and micro economic policies and programs.
Ensure that these policies and strategies focus on economic growth and on generating
decent employment for women; and allocate resources to the sectors in which poor
women work (such as agriculture and the informal sector), to less developed regions and
states where poor women live, to factors of production they possess (low-skilled labor), to
items they consume (such as food), and to enhance the viability of informal production.
Strengthen womens legal rights in the economy and rights related to land tenure;
inheritance; labor and social protection, including in the informal sector and labor migration;
nancial inclusion; and promotion of womens entrepreneurship and access to markets.
Invest in public infrastructure and services, particularly rural electrication, water and
sanitation, clean cooking fuels and household energy needs, time-saving domestic
appliances, roads, and transport. This reduces womens time burden of domestic work,
thus freeing more time for income generation, and improving their access to markets.
Provide job counseling and job search support, including overseas, skills training for
women migrants and training to work on, manage, and maintain public infrastructure
projects as an employment and economic empowerment measure.
Ensure womens inclusion, participation, and leadership at all levels and in all spheres of
economic decision making, including through special temporary measures.
Executive Summary xxv
Collect and use data disaggregated by sex and other variables on violence, including
national prevalence data, for gender-sensitive policy formulation and implementation.
Fast-track the introduction of the CEDAW-compliant national law to prevent violence
against women.
Develop and implement a multisector national action plan to prevent and respond to
violence against women.
Enhance the administration of justice from a gender equality perspective by enhancing
survivors access to services even if they do not seek to pursue further justice; support
pre- and in-service capacity development of the police, the judiciary, and service
providers to prevent and respond to violence; increase womens participation in the
police, judiciary, and as frontline service providers; establish monitoring mechanisms,
protocols, and referral systems within and across sectors to ensure enforcement of
antiviolence laws; ensure the delivery of legal, social, and other support services for
women leaving violent situations, including protection and restraining orders, redress
mechanisms, and livelihood programs; and ensure that reporting policies do not
compromise survivors safe access to services or put them at additional risk when
reporting violence.
Advocate for prevention by undertaking public awareness campaigns with strategic
stakeholders; support community awareness raising and legal literacy to increase
reporting and womens access to justice; work through formal and nonformal education
systems to ensure that administrators of educational institutions, teachers, staff,
parents, child rights advocates, students, and youth (in schools and communities)
prevent and protect women and children from violence; and strengthen the
consciousness and will of young men, local leaders, and male role models as partners
in promoting nonviolence and gender equality.
ADB
1.1
Myanmars Social, Economic,
and Political Context
The Republic of the Union of Myanmar, a sovereign state in Southeast Asia with a
population of around 51.4 million people26.6 million females and 24.8 million males,1 is
experiencing rapid socioeconomic and political transition. It is the second-largest country
in the region, holding a rich stock of natural resources,2 opportunity for deep seaport
development, and immense agricultural potential. Its location between the dynamic
economies of Thailand, the Peoples Republic of China, and India enhances Myanmars
trade potential. With a demographic weighted toward youth, the country has favorable
prospects for rapid integration into the global economy and balanced development.
Yet, Myanmar gures among the least developed countries, ranking 150th of 185 countries
in the 2014 Human Development Index. 3 A swell of factors has hindered its socioeconomic
development. These include self-imposed isolation from the world for more than
50 years, Western economic sanctions between 1997 and 2012, a central command
economy, unequal ownership and distribution of resources, inadequately performing state
economic enterprises that dominated the economy, and inadequate poverty reduction
and social protection measures. 4 Myanmars economic expansion was based on foreign
investments in extractive industries (plantation crops, oil, minerals, precious metals, and
recently discovered offshore natural gas reserves) from neighboring countries, with little
diversication, including a lack of investment in infrastructure and other high value-added
sectors.5
1
This includes a population of 1,206,353 persons estimated not to have been counted during the census in parts of
Rakhine, Kachin, and Kayin states in the 2014 Myanmar Population and Housing Census. See Department of Population.
2015. Highlights of the Main Results; Census Report Volume 2-A. Nay Pyi Taw: Ministry of Immigration and Population.
2
These include rich arable land, forests, minerals, gems and precious stones, natural gas, and freshwater and marine
resources.
3
United Nations Development Programme (UNDP). 2014. Human Development Report. New York. www.hdr.undp.org/
en/content/human-development-report-2014
4
People in need relied largely on religious, community, and family assistance because only a few social protection
programs were in place, but with limited coverage and benets. For instance, a social security scheme for formal
sector workers has operated since the mid-1950s providing basic benets to about 1% of the population, while a few
social assistance interventions implemented by specic ministries have targeted vulnerable groups such as large
families and students from poor households. Due to the political situation, development partners have provided only
limited assistance; projects have tended to be small-scale and lacking coordination, capacity, and long-term vision.
(See European Commission. 2007. The EC-Burma/Myanmar Strategy Paper (2007-2013). Yangon. http://eeas.europa.
eu/myanmar/csp/07_13_en.pdf)
5
J. Ghosh. 2012. Nothing is Simple in Burmas Great Gold Rush. The Guardian. 9 April.
Introduction 3
The 60-year history of ethnic conict and the frequent natural disasters have exacerbated
the widespread poverty and poor living standards and led to much out-migration.6 The
governments reform agenda, however, is changing this socioeconomic landscape.
1.2
The Reform Agenda
The military regime that ruled from 1988 to 2011, rst through the State Law and Order
Restoration Council (19881997) then reorganized and renamed as the State Peace and
Development Council (19972011), developed a seven-step road map in 2003 to transfer
power to an elected civilian government.7 The ensuing Constitution of Myanmar,8 adopted
by referendum in May 2008, came into force in March 2011 with the convening of the rst
session of the new Parliament, elected in the November 2010 general elections. These
elections, the rst in 20 years, led to the formation of a quasi-civilian government in March
2011.
President U Thein Seins inaugural speech and subsequent public addresses elaborated the
vision for a modern and democratic nation, as the following sections describe. Myanmar
thus embarked on an unprecedented reform agenda aimed at ensuring democratic
governance and rule of law; national unity and peace through reconciliation with political
parties and ethnic armed organizations; market-oriented economic reforms, inclusive
growth, bottom-up planning, and decentralization; improved management of government
institutions; greater openness and collaboration with the international community and the
Myanmar diaspora; and media reform.9
Governance reforms
The Constitution of Myanmar, a critical legal reference point for transitioning to democratic
governance, has several important principles and provisions, including a legal framework
for fundamental rights and the rule of law; multiparty democracy; separation of powers
between various arms of the State; independence of the judiciary; establishment of judicial
6
Footnote 5. See also Y. Nishino and G. Koehler. 2011. Social Protection in Myanmar: Making the Case for Holistic Policy
Reform. Institute for Development Studies Working Paper No. 386, CSP Working Paper No. 004. Brighton, UK: Institute of
Development Studies and the Center for Social Protection.
7
The seven steps included (i) Reconvening the national convention that had been adjourned since 1996; (ii) After
the successful holding of the national convention, step-by-step implementation of the process necessary for the
emergence of a genuine and disciplined democratic system; (iii) Drafting of a new constitution in accordance with
the basic principles of the national convention; (iv) Adoption of the Constitution through national referendum;
(v) Holding of free and fair elections for Parliament according to the new Constitution; (vi) Convening Parliament
attended by members in accordance with the new Constitution; and (vii) Building a modern, developed, and
democratic nation by the state leaders elected by the Parliament; and the government and other central organs
formed by the Parliament. Cited in UNDP. 2012. Democratic Governance in Myanmar: Preliminary Situational Analysis.
Yangon. p. 4.
8
This is the third Constitution since Myanmars independence in 1948, following an extended period of military rule
after a military coup dtat in 1962.
9
The countrys transition has progressed since the Presidents inaugural speech along the path of political and
democratic reforms, social and economic reforms, governance and administrative reforms, and private sector
development. See President U Thein Seins Speech to Union ministers, region/state chief ministers, and deputy
ministers (delivered at Nay Pyi Taw, 9 August 2013). www.president---office.gov.mm/en/?q=brieng---room/
speeches---and---remarks/2013/08/11/id---2536
4 Gender Equality and Womens Rights in Myanmar
The Constitution provides an important role for the national defense services. The
commander-in-chief is formally appointed12 by the President but is otherwise autonomous
and outside civilian oversight or control.13 The defense services are tasked with safeguarding
the Constitution. A quarter of the two Pyidaungsu Hluttaw (Union Parliament) chambers
and a quarter of the region and state Parliament members are defense services personnel
nominated by the commander-in-chief of the defense services. In the executive branch
of the Union, regions, states, union territory, self-administered areas and districts,
the commander-in-chief nominates defense services personnel to undertake the
responsibilities of defense, security, border administration, and so forth (Article 17). The
ministers of defense, home affairs, and border affairs are to be appointed from among
military personnel. The defense services have the right to independently administer and
adjudicate all affairs of the armed forces.14
10
The Constitution empowers the Attorney General to review draft bills prepared by ministries for their compatibility
with the Constitution and international human rights standards. Cited in UNDP, see footnote 17, p. 9.
11
The Constitution provides powers to the President to enter into, ratify, or annul international, regional, or bilateral treaties,
or revoke them with prior or posterior approval of the Pyidaungsu Hluttaw. Cited in UNDP, see footnote 17, p. 9.
12
Article 342: The President shall appoint the Commander-in-Chief of the Defense Services with the proposal and
approval of the National Defense and Security Council. Of that 11-member council (Article 204), at least six belong
to the military.
13
The commander-in-chief has repeatedly stated that the military is also bound by the Constitution and the law, and
the Union Parliament decides on the budgetary expenditures assigned to the military. The military expenditure share
has been signicantly reduced in the course of the most recent budget preparation during the third session of the
Union Parliament.
14
UNDP. 2012. Democratic Governance in Myanmar: Preliminary Situational Analysis. July. p. 10.
15
Pyidangsu Hluttaw website: www.myanmarparliament.gov.mm/page_id.13429
16
Myanmar was reviewed at the Universal Periodic Review in January 2011 and received 190 recommendations, half
of which were accepted. Among those the government accepted: amend the domestic laws to be in line with
fundamental rights; the signing, accession, ratication and implementation of Core Human Rights Treaties; and the
establishment of a National Human Rights Institution in line with the Paris Principles. The government also stated at
the Human Rights Council that Myanmar is committed to promoting and protecting human rights and enshrining
fundamental rights in Chapter VII of its Constitution.
Introduction 5
UNFPA
The governments Framework for Economic and Social Reforms lays out short-term
(20122015) and long-term (20112030) priorities and emphasizes the importance of
good governance.17 It focuses on public administrative reforms, information access and
transparency, control of corruption, the rule of law, participation, and consultation. The
government is developing appropriate legislative and regulatory frameworks to facilitate
the devolution and deconcentration of powers and functions of centralized institutions and
has developed a law on corruption, which details a strategy to investigate and rigorously
prosecute those involved in corruption in the public and private sectors. An Anti-Corruption
Commission called for by the law was established in August 2013 to enforce the law.18
Second, reviewing and amending existing legislation is a long process, demanding capacity,
rigor, and political will. This is a complex exercise that will need to acknowledge and
reconcile Myanmars pluralistic legal system, which embraces statutory laws, the common
law system that dates back to the colonial era, and customary law. Bamar Buddhist law,
Hindu law, and Islamic law have force under the Burma Laws Act of 1898, with separate
statutes providing additional restrictions and provisions for religions not covered.19
Previously, certain ethnic minority regions were also administered separately from Burma
proper, allowing for a degree of local autonomy and the continuation of some degree of
customary law and practices, as codied in a number of regulations, such as the Arakan Hill
17
Government of Myanmar. 2013. Framework for Economic and Social Reforms: Policy Priorities for 20122015 Towards
the Long-Term Goals of the National Comprehensive Development Plan. Nay Pyi Taw.
18
Footnote 17. See also Radio Free Asia. 2013. Myanmar Parliament Appoints Commission to Battle Graft. 16 August.
www.rfa.org/english/news/myanmar/commission-02252014181203.html
19
The Burma Laws Act of 1898, Article 13.
6 Gender Equality and Womens Rights in Myanmar
UNFPA
District Laws Regulation, the Kachin Hill Tribes Regulation, and the Chin Hills Regulation.20
The complexity of this process is further underscored by the need to coordinate and align
legal reforms with international human rights standards and with other economic and policy
changes.
Third, the limited experience of a federal government structure; the need to reconcile
competing interests for shared political, administrative, and nancial power among different
levels of government; and adequately balancing regional and ethnic perspectives present
immense difficulties.
Fourth, constitutional reform will continue to surface as an important issue in the reform
process.
Fifth, discussions on what the 2015 elections portend have been marked by debates about
the suitability of the current electoral system and constituency arrangements, issues of
transparent elections, and postelection governance.
Sixth, the strength and sustainability of the peace process between the government and
ethnic armed organizations and the ability to address communal tensions across the
country will determine the efficacy and sustainability of the governance reforms.
20
M. Crouch. 2014. The Layers of Legal Development in Myanmar. In M. Crouch and T. Lindsey, eds. Law, Society and
Transition in Myanmar. Oxford: Hart Publishing. p. 36. See also The Burma Laws Act of 1898, Article 11 (The law to
be administered in a Shan State shall be the customary law of the State in so far as the punishments which may be
awarded thereunder, or the practices which are permitted thereby are in conformity with the spirit of the law in force
in the rest of British India.), quoted in Maung Maung. 1963. Law and Custom in Burma and the Burmese Family.
Introduction 7
Myanmar is one of the most ethnically diverse countries, with 135 officially recognized
ethnic races. This includes the largely Buddhist Burmese-speaking Bamar majority, with
non-Bamar ethnic nationalities representing 40% of the population. Political and ethnic
disputes in Myanmar date back to the preindependence era, when the aspirations of
ethnic armed organizations varied, from calls for secession to demands for stronger social,
economic, cultural, civil, and political rights in a federal democratic country.21 At this point,
secession is no longer a demand, although integration into a genuine federal democracy is
strongly on the agenda. The Panglong Agreement of 1947 guaranteed the establishment of
a federal union and autonomy for ethnic groups,22 and the provisions of the post-Panglong
Agreement 1947 Constitution met some of the demands of the ethnic groups. However,
the failure to realize the spirit and content of that agreement set the stage for ensuing civil
conict between armed ethnic groups and Burmas newly independent central government.
This spanned 6 decades, resulting in loss of life, property, economic deprivation, depletion
of human and social capital, and prolonged insecurity and instability.
More than 50 nonstate armed organizations have operated in the border areas since the
country gained independence from the British in 1948. However, between 1989 and 2010,
more than 30 groups either surrendered or entered ceasere agreements with the previous
government. Several accepted the governments offer to transform themselves into a
government-oriented border guard force or peoples militia force, but 21 groups did not, and
many among them remain involved in peace negotiations with the current government.23
Most of them are ethnic armed organizations.
In May 2012, the peace negotiation process was streamlined through the creation of a
peace architecture24 (Figure 1.1), which consists broadly of the government, the ethnic
armed organizations, the international community, and the local community. At the apex
21
Human Rights Watch. 2012. Untold Miseries. Wartime Abuses and Forced Displacement in Burmas Kachin State.
New York. pp. 2223.
22
The Panglong Agreement was signed on 12 February 1947 by the government of Burma and representatives of the
Shan, Kachin, and Chin ethnic groups. See Ethnic Nationalities Council. The Panglong Agreement 1947.
23
The 14 groups that signed the ceasere agreements as of 30 March 2014 include (i) All Burma Students Democratic
Front (formed in 1988), (ii) Arakan Liberation Party/Army (formed in 1968), (iii) Chin National Front (formed in 1988),
(iv) Democratic Karen Benevolent Army (Klo Htoo Baw) (formed in 2010), (v) Karen National Union/Karen National
Liberation Army (formed in 1947), (vi) Karenni National Progressive Party (formed in 1957), (vii) Karen National Union
(Peace Council) (formed in 2007), (viii) National Socialist Council of Nagaland-Kaplang, (ix) New Mon State Party
(formed in 1958), (x) Pa-O National Liberation Organization (formed in 1949), (xi) Restoration Council of the Shan
State/Shan State Army-South (formed in 1964), (xii) Shan State Progressive Party/Shan State Army North (formed in
1964), (xiii) United Wa State Army (formed in 1964), and (xiv) Powerpoint on Myanmar Peace Process Update, as of
March 2014 by Nang Raw Zakhun, Assistant Director, Policy and Programs, Shalom Foundation.
24
Note that this architecture tends to evolve.
8 Gender Equality and Womens Rights in Myanmar
In November 2012, the Myanmar Peace Center29 was established by Presidential Decree
under the Office of the President to serve as secretariat to the UPCC and UPWC,
and to support an overall political settlement and, ultimately, sustainable peace. It has
departments focused on mine action, peace building, ceaseres, outreach, and political
dialogue. It works with the ethnic armed organizations through technical teams from both
sides to prepare for the formal peace negotiations; manages international donor resources
to support the peace-building efforts; and provides a platform for dialogue and experience-
sharing between international partners, civil society groups, and itself.30
The international community involved in the peace talks consists of the Peace Donor
Support Group, which provides political and practical support to the peace efforts of the
government and the ethnic armed organizations;31 and the International Peace Support
Group of international nongovernment organizations (NGOs) involved in capacity-building
25
This consists of the President; the two vice-presidents; the speakers of the Amyotha and Pyithu Hluttaw; the
commander-in-chief of the defense forces; the ministers of Home Affairs, Border Affairs, and Defense; the Union
attorney general; and the director, Presidents Office, as announced in New Light of Myanmar, 3 May 2012.
26
Union Minister Aung Min; Vice-Senior General Soe Win, Deputy Commander-in-Chief of Defense Services,
Commander-in-Chief (Army); and U Thein Zaw, member of Parliament (USDP).
27
In addition to the chair, three vice-chairs, and secretary from the government office, there are 7 Union ministers,
2 deputy ministers and 3 region ministers, 7 state ministers, 10 area commanders, 9 members of Parliament from
the Amyotha Hluttaw, and 9 members of Parliament from the Pyithu Hluttaw. See Powerpoint on Myanmar Peace
Process Update, as of March 2014 by Nang Raw Zakhun, Assistant Director, Policy and Programs, Shalom Foundation.
28
The Amyotha Hluttaw has the Ethnic Affairs Committee and the Peace and Conict Reduction Committee while
the Pyithu Hluttaw has the Ethnic Affairs, Rural Affairs, and Internal Peacemaking Committee. See Nang Raw Zakhun
Mongla (2014), also in footnote 27.
29
The Myanmar Peace Center receives continuous support from the Myanmar Peace Support Initiative, other third-
party interventions, and the Civil Society Forum for Peace.
30
R. Htin. 2013. Efforts to Address Womens Concerns in the Peace Process in Myanmar: Gains, Gaps and the Way
Forward. Paper presented at the Open Day on Women, Peace and Security, organized by the Ministry of Social
Welfare, Relief and Resettlement, Myanmar Womens Affairs Federation, and the United Nations, 31 October.
31
The Peace Donor Support Group was rst convened in June 2012 by the Government of Norway at the request
of President U Thein Sein to provide a dialogue platform between the donor community and the Government of
Myanmar, to better coordinate peace efforts of the international community in general and the provision of aid to
conict-affected areas, and to consult with civil society. Initial members were Australia, Norway, the United Kingdom,
the European Union, and the World Bank. Japan, Switzerland, and the United States were invited to join in 2013.
Introduction 9
initiatives to help the ethnic armed groups negotiate for a just and equitable peace.32 The
Nippon Foundation and the Government of the Peoples Republic of China were also
invited to be observers in the peace talks in early 2013.33
The local community in Myanmar (the Civil Society Organization Forum for Peace, local
NGOs, the 88 Generation Students Group, border-based NGOs, and community-based
peace support networks) advocates with the government and ethnic armed groups,
provides technical support to the latter, raises awareness of peace issues among the local
and international communities, and provides practical assistance to conict-afflicted
communities.
United
Ethnic armed
Union Nationalities
Peace-making Ethnic Armed
groups Parliamentary
Working Groups Federal Council
committees
on peace & Committee
ethnic affairs:
Myanmar Peace WGEC/
1) Peoples Assembly
Center NOCT
2) Nationalities Assembly
MPSI
DASSK Norway
PDSG IPSG
International
INGOs community G88
CSFOP
Border-
based
NBFs Peace Local Insider community NGOs
Committee NGOs
Community-
based peace
support networks
CSFOP = Civil Society Forum for Peace, DASSK =Daw Aung Sang Su Kyi, G88 = 88 Generation Students
Group, INGOs = International Nongovernmental organization, IPSG = International Peace Support
Group, MPSI = Myanmar Peace Support Initiative, NGOs = nongovernment organizations, PDSG = Peace
Donor Support Group, NBF = Nationality Brotherhood Federation, WGEC = Working Group for Ethnic
Coordination.
Source: S.I. Khen and M.Y. Haung Nyoi. 2014. Looking at the Current Peace Process in Myanmar Through
a Gender Lens. PowerPoint presentation for the Gender and Development Initiative, Myanmar Peace
Center, Yangon, 8 March.
32
The International Peace Support Group is a 20-member informal network that organizes a coordination meeting
once a month in Bangkok. Members include the International Crisis Group, the Centre for Humanitarian Dialogue, the
Euro-Burma Office, and Fairness International.
33
PowerPoint presentation on Myanmar peace process update, as of March 2014, by Nang Raw Zakhun Mongla,
assistant director, Policy and Programs, Shalom Foundation. The Myanmar Peace Support Initiative was a Norwegian-
led effort to support the ceaseres in Myanmar through humanitarian and development assistance but is no longer
operating.
10 Gender Equality and Womens Rights in Myanmar
Key signs of progress in the peace process include (i) preliminary ceasere agreements
with 14 of the 21 remaining ethnic armed groups,34 (ii) a breakthrough informal seven-
point agreement in May 2013 between the government and the Kachin Independence
Organization (KIO), and (iii) broader discussions with armed ethnic organizations on the
root causes of their respective conicts. An unprecedented KIO-organized conference of
102 delegates from 17 ethnic armed groups and nonstate actors took place in November
2013.35 The organizers sought a political solution to the conict; the participants adopted
a six-step road map and the Framework for a Political Dialogue, drafted in 2012 by the
Working Group for Ethnic Coordination, and discussed signing a nationwide ceasere
agreement. They also adopted a common 11-point position,36 catalyzed the formation
of a Nationwide Ceasere Coordinating Team consisting of ethnic armed organizations
and nonstate actors to discuss the proposed nationwide ceasere agreement with the
government and implement the 11-point plan.37 The government and the ceasere
coordinating team, comprising 16 ethnic groups (as of March 2014), agreed to jointly draft
the nationwide ceasere agreement as one text; discussions on the agreement have been in
progress for some time.38
Challenges to signing the nationwide ceasere agreement led to the signing of a Deed
of Commitment for Peace and National Reconciliation on Union Day, 12 February 2015.
In pledging to strive for lasting peace, the signatories39 conrmed their commitment to
building a union based on democratic and federal principles in the spirit of Panglong and in
accordance with the outcomes of political dialogue to ensure freedom, equality, justice and
self-determination for all citizens. The deed is seen as a condence-building measure to
maintain the momentum of the peace talks by allowing discussion on the draft framework
for political dialogue, even prior to the signing of the nationwide ceasere agreement.
On 31 March 2015, the UPWC and the Nationwide Ceasere Coordination Team signed an
affirmation to nalize the draft nationwide ceasere agreement.
34
The number of armed groups may vary, depending on whether the count is done by the government or by ethnic
groups. The government claims 16 groups, while the ethnic groups place the total at more than 21 groups.
35
It had delegates from organizations with and without ceasere agreements and from member and nonmember
organizations of the United Nationalities Federal Council. The council is an alliance of 11 armed groups, which in June
2013 announced that it would no longer participate in the Working Group for Ethnic Coordination. See Euro-Burma
Office. 2013. Brieng Paper. Ethnic Armed Organizations Conference in Laiza, Kachin State, 30 October2 November.
36
Euro-Burma Office. 2013. Brieng Paper. Ethnic Armed Organizations Conference in Laiza, Kachin State,
30 October2 November.
37
Footnote 36.
38
The 16 groups represented in the NCCT are (i) Arakan Liberation Party/Army (formed in1968); (ii) Chin National
Front (formed in 1988); (iii) Democratic Karen Benevolent Army (DKBA, Klo Htoo Baw) (formed in 2010); (iv) Karen
National Union/Karen National Liberation Army (formed in 1947); (v) Karenni National Progressive Party (formed in
1957); (vi) Shan State Progressive Party/Shan State Army North (formed in 1964); (vii) Karen National Union/Karen
National Liberation Army (KNU/KNLPAC, formed in 1947); (viii) Karen National Union (Peace Council) (formed in
2007); (ix) Pa-O National Liberation Organization (formed in 1949); (x) Kachin Independence Organization/Kachin
Independence Army; (xi) Taang National Liberation Army (formed in 1992); (xii) Arakan Army (formed in 2008);
(xiii) Arakan National Council; (xiv) Lahu Democratic Union; (xv) Wa National Organization; and (xvi) Kokang.
39
Signatories included the President, Union ministers, ethnic affairs ministers, political party leaders, parliamentarians,
Tatmadaw representatives, and ethnic armed organizationsKNU, KNU/KNLPAC, DKBA, and Restoration Council
of Shan State.
Introduction 11
transition. This will require consolidation of trust and strengthened capacity of multiple
institutional actors around the peace table. It will also require consensus building on the
basic and politically sensitive issues that mark the underlying aspirations of ethnic groups
to be included in the national ceasere agreement, the national political dialogue, and in
nation-building efforts for long-term peace and development. Capacities will need to be
strengthened to actually address these issues.40
Communal tensions
In addition to the ethnic conict, Myanmar is also in the throes of communal conict,
which was ignited in 2012 and has spread throughout the country. This conict reveals
deep-seated communal prejudice, threats to national stability, and decits in governance
and administration. Violent communal clashes from March to October 2013 and in mid-
January 2014 resulted in the loss of around 200 lives, damage to and loss of property and
livelihoods, reports of sexual violence against women, displacement of some 140,000
peoplewith spillover impact on the rest of the country. It has also resulted in dangerous
ight in unsafe boats to neighboring countries for safety, where people continue to
experience human rights violations, including trafficking.
Myanmar is one of the poorest members of the Association of Southeast Asian Nations
(ASEAN). Since 1991, however, the country has experienced fairly rapid growth and is
positioning itself to graduate to middle-income country status.
To achieve this, the government has embarked on reforms that should lead to market-
oriented inclusive growth and bottomup decentralized planning. This vision is articulated
in the Framework for Economic and Social Reforms, which outlines policy priorities for
20122015 as well as long-term plans that recast Myanmar as a modern and democratic
nation by 2030 (Box 1). President U Thein Sein has publicly committed the government to
halving the rate of poverty and hunger by 2015; to use the more than $6 billion in debt relief
recently granted to Myanmar for poverty alleviation; and to construct schools, hospitals,
and generate power.42
40
Aung Naing OO. 2015. The Peace Process, PostConict Peacebuilding and Rehabilitation. Paper presented by
Myanmar Peace Center at Myanmar Development Co-operation Forum, 78 February.
41
T.O. Quintana. 2014. Report of the Special Rapporteur on the Situation of Human Rights in Myanmar (A/HRC/25/64).
12 March.
42
T.O. Quintana. 2013. Report of the Special Rapporteur on the Situation of Human Rights in Myanmar (A/HRC/22/58).
6 March. p. 8.
12 Gender Equality and Womens Rights in Myanmar
In his inaugural address on 31 March 2011, President U Thein Sein acknowledged the countrys
poverty and high unemployment rate and committed to ensuring good governance and a
clean government. He underscored the importance of policies and reform strategies that
achieve people-centered development, civic participation, human resource development,
effective and transparent use of public nancial resources, sustainable regional development,
decentralization, greater autonomy for local government, and poverty reduction.
The Framework for Economic and Social Reforms, in articulating Myanmars short- and long-
term goals, calls for the
The government has set the following targets for gross domestic product (GDP) growth,
poverty reduction, and other economic and social dimensions of development:
achieve an average annual GDP growth rate of 7.7% over the next 5 years;
achieve growth in the industrys share of GDP from 26% to 32%, together with an increase
in the share of the service sector, and a reduction in the currently large share of agriculture;
and
achieve per capita GDP growth between 30% and 40% from the base year of 2010, which
will help attain the rst goal of the MDGs in reducing the poverty incidence by half by
2015.
Source: Government of Myanmar. 2013. Framework for Economic and Social Reforms: Policy Priorities for
20122015 Towards the Long-Term Goals of the National Comprehensive Development Plan. Nay Pyi Taw.
Introduction 13
The eight-point Rural Development and Poverty Alleviation Initiative (20112015); the
National Comprehensive Development Plan (20112030); the focus on comprehensive
health-care and education reforms; and the formation of a comprehensive social
protection system to address poverty, social exclusion, and emergencies all suggest that the
development objectives are being prioritized in the political agenda.43
A special program for rural development and poverty reductiondeveloped under the
Planning Department of the Ministry of Planning and Economic Development to
ensure inclusive growth. This focuses on (i) increasing agricultural output; (ii) livestock
and shery; (iii) rural production; (iv) microcredit; (v) rural cooperative societies;
(vi) socioeconomic improvements (health, education, sports, and social security);
(vii) rural energy; and (viii) the environment.
A focus on comprehensive health-care and education reforms, coupled with the
doubling of relevant budgets for the next scal year. This includes allocating more
resources to rural primary health care, infectious disease control, and maternal and
child health. This focus responds to the acute need to improve health indicators and
introduce universal health coverage to address nancial barriers to access and reduce
out-of-pocket expenditure.
Expanding the system of basic education from 11 to 12 years and focusing on
(i)child-centered teaching methodologies; (ii) upgrading teacher training and other
curriculum reforms to enhance the quality of basic education; (iii) enhancing teacher
remuneration and broader issues of education nancing; (iv) establishing a rigorous
system for education quality assessment and performance; and (v) further reforms in
the management of basic education, including engagement by parents.
Achieving food security throughout the country by developing strategies that will
channel the benets of reforms and growth toward improving the welfare and income of
farmers, farm laborers, and their dependents.
Developing a comprehensive social protection system to address poverty, social
exclusion, and emergencies, including introducing an Employment Guarantee Scheme
for Public Works, especially in districts with large numbers of landless households and
high poverty rates. This will provide a safety net for vulnerable families while improving
local infrastructure and the environment.
Developing a comprehensive law on the environment and regulations for implementing it.
Macroeconomic reforms since November 2010, including exchange rates and monetary
policy, have been introduced, such as a managed oat that has replaced an overvalued peg,
unifying the remaining exchange rates, a draft law providing more operational autonomy
to the Central Bank of Myanmar, more exible deposit rates, removing administrative
bottlenecks to credit extension, parliamentary debate and budget approval for 2012
2013, and legislation that strengthens the agriculture sector and facilitates business
investments.45
43
Government of Myanmar. 2013. Draft Millennium Development Goals Report. Nay Pyi Taw.
44
Footnote 43, p. 125.
45
International Monetary Fund. 2013. Myanmar: Staff-Monitored Program. IMF Country Report. No. 13/13. Yangon.
14 Gender Equality and Womens Rights in Myanmar
ADB
Regional and SouthSouth Cooperation
Regional and SouthSouth cooperation provide excellent opportunities for Myanmar. The
robustness of the economy will be critical to its substantive integration into subregional,
regional, and global economies, and ASEAN is an important entry point. Myanmar has
been an active member (having recently served its term of ASEAN chairmanship), which
will strengthen the opportunity to reposition itself in the region as a rising economy.46
Additionally, Myanmar is a participating member of the Greater Mekong Subregion
Economic Cooperation Program, the Bay of Bengal Initiative for Multi-Sectoral Technical
and Economic Cooperation, and the AyeyarwadyChao PhrayaMekong Economic
Cooperation Strategy. The Asian Development Banks Greater Mekong Subregion
Economic Cooperation Program Strategic Framework plans to strengthen transport and
telecommunication links to develop major economic corridors that contribute to faster
economic growth and poverty reduction.47 Land transport links with its neighbors, in both
Southeast Asia and South Asia, provide an opportunity for Myanmar to become a regional
trade and production hub.
46
Footnote 43, p. 117.
47
Footnote 45.
48
World Bank Group. 2013. Myanmar Economic Monitor. October. Yangon. p. 1.
Introduction 15
The government is making a concerted effort to increase farmers access to rural credit.
For instance, the total loan disbursement amounted to a little more than MK359 billion
in 20112012.53 The Ministry of Cooperatives provides capital to farmers through credit
and rural cooperatives. The ministries of Home Affairs, Construction, Border Affairs, and
Agriculture and Irrigation have begun paying special attention to rural infrastructure such as
rural roads, farm roads, dams, reservoirs, canals, and drainage systems. These improvements
have contributed to better trade and reduced transport costs for farmers, enhanced crop
production and crop quality, reduction in the severity of impact from drought, and multiple
cropping and greening of the region.54 The Ministry of Labour, Employment and Social
Security has opened 77 employment centers nationwide to assist youth and unemployed
people to access both domestic and overseas job markets. The ministry is also working on
labor welfare and offers services to employers and workers. It is undertaking a Labor Force
Sample Survey in association with the International Labour Organization (ILO) and an
academic partner.55
49
Asian Development Bank (ADB). 2012. Key Indicators for Asia and the Pacic 2012. 43rd edition. Manila.
50
Ministry of National Planning and Economic Development (MNPED) with the Swedish International Development
Cooperation Agency (Sida), UNICEF, and United Nations Development Program (UNDP). 2011. Integrated Household
Living Conditions Survey in Myanmar (20092010) MDG Data Report. Yangon: MNPED and UNDP. Cited in UN
Women. 2013. Resilience for All? Towards Gender-responsive Social Protection in Southeast Asia. Appendix 5: Gender and
Social Protection in Myanmar. p. 79.
51
MNPED, Ministry of Health, and UNICEF. 2011. Myanmar Multiple Indicator Cluster Survey 20092010: Final Report.
Nay Pyi Taw. Cited in UN Women. 2013. Resilience for All? Towards Gender-responsive Social Protection in Southeast Asia.
Appendix 5: Gender and Social Protection in Myanmar. p. 80.
52
Footnote 50, p. 79.
53
Information from Foreign Economic Relations Department, 2013, cited in Government of Myanmar. 2013. Draft
Millennium Development Goals Report. Nay Pyi Taw. p. 27.
54
Footnote 43, p. 28.
55
Footnote 43, p. 29.
56
World Food Programme. 2012. WFP in Myanmar: Looking forward 20132017. Rome. Cited in UN Women. 2013.
Resilience for All? Towards Gender-responsive Social Protection in Southeast Asia. Appendix 5: Gender and Social
Protection in Myanmar. p. 80.
57
Footnote 50, p. 79.
58
Footnote 56.
16 Gender Equality and Womens Rights in Myanmar
Additionally, local populations have marginal or no land rights to forest habitat. Only in
community forests do local communities have any land-use rights accorded to them, in
conjunction with the local forest department. For other forest categories, such as tree
plantations, state-managed forests, logging concessions, and agro-forest conversions, local
communities have no recognized land or resource use rights within the national laws and
policies.59
There have been specic concerns over large investment projects due to adverse population
impacts, including deleterious environmental impacts. For instance, copper mines of Monywa
in Sagaing Region, such as the Letpadaung copper mine, have resulted in the forced relocation
of residents, the loss of livelihoods (particularly farmers who lost the land they had worked for
generations), and health problems related to the proximity of the project.65 Although there are
no clear data, land conscations reportedly increased in 2012, particularly to clear areas for
infrastructure projects and natural resource exploitation.66 On 21 February 2014, the state-
run newspaper, The New Light of Myanmar, reported that the regime had acknowledged 745
incidents of land conscationwith more than 500,000 acres of land conscated by the
59
K. Woods. 2013. Timber Trade Flows and Actors in Myanmar: The Political Economy of Myanmars Timber Trade.
Forest Trends Report Series: Forest Trade and Finance: Forest Trends and UK Aid. November. p. 5.
60
Footnote 50, p. 79.
61
Footnote 50, p. 79.
62
Footnote 51, p. 80.
63
Foreign direct investment grew to $2.7 billion in 2012/13 from $1.9 billion in 2011/12. Most of this investment was in the
energy sector, garment industry, information technology, and food and beverages. World Bank Group. 2013. Myanmar
Economic Monitor. October. Yangon. p. 2.
64
J. Ghosh. 2012. Inclusive Growth Strategies for Myanmar. Paper Presented at Conference on Development Policy
Options in Myanmar, 1315 February, Nay Pyi Taw.
65
Footnote 41, p. 8.
66
Footnote 42, p. 8. See also The Carter Center, Electoral Reform International Services, and Democracy Reporting
International. 2013. Myanmar Needs Assessment Report. Yangon, Atlanta, London, and Berlin. June. pp. 78.
Introduction 17
military over the past 5 decadesand had solved 688 of those cases.67 Yet, on the same day,
the Democratic Voice of Burma broadcast that the report of the parliamentary commission
tasked with investigating claims of land conscation contained 8,478 cases of led land
conscation complaints, of which only 423 (5%) had been settled.68 Forced evictions and
displacement of smallholder farmers are reported to have negatively impacted housing,
health, education, livelihoods, and security of persons.69
Despite the challenges, the governments reform efforts provide cause for balanced
optimism and have been a game changer of sorts. Still, greater investments are needed to
ensure that women benet equally from Myanmars social and economic reforms.
1.3
Gender Equality and Womens Rights
in Myanmar: An Overview
Gender equality and womens rights in the governments reform agenda
67
New Light of Myanmar. 2014. 745 land grabbing cases happened in 5 decades as successive governments implemented
projects in interests of country and people in accordance with rules, regulations. 21 February.
68
Democratic Voice of Burma. 2014. Govt urged to settle land grab claims by September. 21 February.
69
Footnote 41, p. 8.
70
Footnote 41, p. 9.
71
Government of Myanmar. 2013. Framework for Economic and Social Reforms. Nay Pyi Taw.
18 Gender Equality and Womens Rights in Myanmar
employment generation for women, taking account of the gender inequalities in the economy
and how they interact with other forms of social exclusion. Macroeconomic and inclusive
growth policies and strategies need to allocate resources to the sectors in which women work
(such as the agriculture and informal sectors), to the less-developed regions and states where
poor women live, to the factors of production they possess (low-skilled labor), to the items
they consume (such as food), and to enhancing the viability of informal production.72
Although women are referenced as target beneciaries in social protection policies and
programs, a gender lens does not appear to have been systematically applied to the
social protection interventions.73 The 2008 Constitution provides for equality between
men and women, but according to a 2008 report by the Committee on the Elimination
of Discrimination against Women (CEDAW Committee), it also contains contradictory
provisions and important gaps that vitiate equality.74 Gender equality and womens
rights have been better addressed in health and education sector policies and programs.
Institutional mechanisms have been established at the national and subnational levels to
promote gender equality and womens rights in various spheres. Combined, this attention
has resulted in some progress in womens lives, particularly in the areas of health and
education, but challenges remain, as elaborated further on.
The National Strategic Plan for the Advancement of Women (20132022), launched
in October 2013 by the Ministry of Social Welfare, Relief and Resettlement, provides a
strategic opportunity to integrate gender equality and womens rights in the governments
reform agenda. It is based on the 12 areas of womens lives outlined in the 1995 Beijing
Platform for Action and covers a range of sectors, government ministries, and departments.
Goals for gender equality and womens rights can be well embedded into the governments
reform agenda by implementing the Plan for the Advancement of Womenand by ensuring
that gender equality perspectives are woven into sector policies, plans, and programs
across government ministries. This can be enhanced by the governments participation in
the CEDAW review process and by implementing the CEDAW Committees Concluding
Comments in line with the Plan for the Advancement of Womenvia the Myanmar National
Committee for Womens Affairs (an interministerial gender-mainstreaming mechanism).
72
Footnote 64.
73
UN Women. 2013. Resilience for All? Towards Gender-responsive Social Protection in Southeast Asia. Appendix 5: Gender
and Social Protection in Myanmar. p. 88.
74
These are elaborated later in this section.
75
Other provisions on equality and areas to be addressed will be dealt with partly in this and forthcoming chapters.
Introduction 19
UNFPA
Children, 2000 acceding76 to them in 1997, 1991, and 2004, respectively. The government
also endorsed the Beijing Declaration and Platform for Action, 1995; the International
Conference on Population and Development Program of Action, 1994; and the Millennium
Declaration and Goals, 2000. Myanmar is a member of the ASEAN Committee on Women
and the ASEAN Commission on Protection and Promotion of the Rights of Women and
Children, 2010.
76
Accession is an act by which a state signies its agreement to be legally bound by the terms of a particular treaty.
It has the same legal effect as ratication but is not preceded by an act of signature. The formal procedure for
accession varies according to the national legislative requirements of the state. To accede to a human rights treaty, the
appropriate national organ of a stateParliament, Senate, the crown, head of state or government, or a combination
of thesefollows its domestic approval procedures and makes a formal decision to be a party to the treaty. Then the
instrument of accession, a formal sealed letter referring to the decision and signed by the states responsible authority,
is prepared and deposited with the United Nations Secretary-General in New York.
77
The National Committee for Womens Affairs was established by the Ministry of Social Welfare, Relief and
Resettlement in 1996 to implement CEDAW and the Beijing Platform for Action and was reestablished in 2012 under
the new government.
78
Chaired by the minister of social welfare, relief and resettlement, the National Committee for Womens Affairs is a
multi-stakeholder committee with membership from line ministries (deputy ministerial level), womens NGOs, and
the Myanmar Womens Affairs Federation.
20 Gender Equality and Womens Rights in Myanmar
Committee for Womens Affairs to carry out a gender equality and womens empowerment
agenda, in line with CEDAW and the Beijing Platform for Action. It operates in partnership
with local and international NGO networks at different levels of administration, from the state
and/or region to the district and township levels, in coordination with the respective Working
Committees for Womens Affairs.
Additionally, the National Committee for Womens Affairs comprises three other
organizations that work closely with the government on womens issues as follows:
Myanmar Maternal and Child Welfare Association, which was established in 1991 as
a charitable organization that promotes the health and well-being of mothers and
children, focusing on remote villages and wards that lack access to health care;
Myanmar Women and Children Development Foundation, which was established in
2012 to promote equal opportunities for women and children in the areas of livelihoods
development, education, health, emergencies, and decision making; and
Myanmar Women Entrepreneurs Association, which was established in 1995 as a
nongovernment, nonprot, nonpartisan organization whose membership includes
women entrepreneurs, managers, and educators and is a member of the Union of
Myanmar Federation of Chambers of Commerce and Industry. The association
supports the development of womens businesses and entrepreneurial and leadership
skills, including through scholarships for young girls and special loans through its social
responsibility program. Its members participate in national, regional, and international
seminars and workshops on womens entrepreneurship.
These improvements have helped nurture the pervasive assumption in official circles
that the equal status of men and women is a unique trait of Myanmar society,85
and that Myanmar women enjoy a good life and rights,86 and thus a legal denition
79
CEDAW Committee. 2007. Consideration of Reports Submitted by States Parties Under Article 18 of the Convention
on the Elimination of All Forms of Discrimination Against Women Combined Second and Third Periodic Reports of
States Parties (CEDAW/C/MMR/3). Yangon.
80
Footnote 50, p. 81.
81
Footnote 79; and CEDAW Committee. 2011. Information Provided in Follow Up to the Concluding Observations
of the Committee: Response by Myanmar to the Recommendations Contained in the Concluding Observations
of the Committee Following the Examination of the Combined Second and Third Periodic Report of Myanmar on
3November 2008 (CEDAW/C/MMR/CO/3/Add 3). Yangon.
82
UNDP. 2011. Human Development Initiative 2010. Yangon. Cited in UN Women. 2013. Resilience for All? Towards
Gender-Responsive Social Protection in Southeast Asia. Appendix 5: Gender and Social Protection in Myanmar. p. 81.
83
Footnote 82.
84
World Health Organization (WHO) et al. 2012. Trends in Maternal Mortality: 1990 to 2010. Geneva.
85
CEDAW Committee. 2011. Information Provided in Follow Up to the Concluding Observations of the Committee:
Response by Myanmar to the Recommendations Contained in the Concluding Observations of the Committee
Following the Examination of the Combined Second and Third Periodic Report of Myanmar on 3 November 2008
(CEDAW/C/MMR/CO/3/Add 3). Yangon. p. 11.
86
Footnote 79, p. 51.
Introduction 21
Global and regional indices and national data point to continuing gender inequalities in the
lived realities of women in all spheres of life. The 2013 Gender Inequality Index ranks Myanmar
at 83rd of 187 countries,90 while the 2012 Social Institutions and Gender Index places the
country at 44th of 86 countries and 8th of nine countries in East Asia and the Pacic.91
Despite increases in womens labor force participation, women dominate the unprotected
informal sector; and they continue to bear the major responsibility for unpaid care work, in
addition to their paid jobs, while men are typically the household heads.92 Disparities based
on economic status and regional and urbanrural locations shadow the improvements in
female literacy. In 2008, the CEDAW Committee expressed concern over reports on the
multiple restrictions and discrimination faced by women and girls from religious minority
groups, especially in the poorest states,93 and the pervasiveness of domestic and sexual
violence against women, including in armed and communal conict94 (all of this will be
explored in greater depth in the chapters that follow).
The Plan for the Advancement of Women is anchored on the 2008 Constitution, CEDAW,
and the Beijing Platform for Action. Its goal and objectives are that all women in Myanmar
are empowered and able to fully enjoy their rights with the support of the Government of the
Republic of the Union of Myanmar and that enabling systems, structures and practices are
created for the advancement of women, gender equality and the realization of womens rights.
87
Footnote 79, p. 11.
88
Committee on the Elimination of Discrimination against Women (CEDAW). 2008. Concluding Observations of the
Committee on the Elimination of Discrimination against Women: Myanmar (CEDAW/C/MMR/CO/3). p. 3.
89
Footnote 88.
90
See www.hdr.undp.org/en/content/gender-inequality-index.
91
Organisation for Economic Co-operation and Development (OECD). 2012. Social Institutions and Gender Index:
Understanding the Drivers of Gender Inequality. Paris: OECD Development Centre.
92
Government of Myanmar. 2006. Myanmar Millennium Development Goals Report 2006. Nay Pyi Taw.
93
Footnote 88.
94
Footnote 88.
22 Gender Equality and Womens Rights in Myanmar
The plan outlines a set of strategic objectives for womens advancement in the 12 priority
areas of the Beijing Platform for Action (Box 2) and provides the basis for capacity
development and policy and program formation and implementation across different
areas of womens lives as well as government sectors and departments. This has immense
potential to ensure that gender equality and womens rights are well covered in the reform
agenda.
2. Ensure womens and girls access to quality formal and nonformal education.
3. Protect, promote, and fulll womens and girls rights to quality, affordable health care,
including sexual and reproductive health care.
4. Eliminate all forms of violence against women and girls and respond to violence against
them.
6. Ensure fairness and equal rights for women in relation to employment, access to credit,
resources, assets, and economic benets.
7. Ensure womens equal participation in decision making and leadership at all levels of
society.
8. Establish and strengthen institutional mechanisms for the advancement of women, and
ensure womens participation as equal partners in national development strategies and
decision-making processes.
9. Ensure the protection, promotion, and fulllment of womens and girls economic, social,
cultural, civil, and political rights.
10. Ensure that the media promotes womens advancement and raises public awareness about
womens rights and their contribution to society.
11. Ensure womens meaningful participation in managing and safeguarding natural resources,
the environment, and adapting to climate change.
12. Promote, protect, and fulll the rights of the girl child.
The plan calls for enabling systems, structures, and practices to carry out the 12 priority areas of
the Beijing Platform for Action.
Source: Myanmar National Committee for Womens Affairs. 2013. National Strategic Plan for the
Advancement of Women (20132022). Nay Pyi Taw: Ministry of Social Welfare Relief and Resettlement and
Department of Social Welfare.
Introduction 23
Each priority area in the Plan for the Advancement of Women95 has a set of activities
related to data collection and research as well as policy and programming initiatives that
include (i) awareness raising and capacity strengthening of duty bearers to develop,
implement, monitor, and evaluate gender-responsive policies, plans, and programs;
(ii) capacity building of womens groups to work with and support the government;
(iii) budget allocations for policies and programs; and (iv) monitoring and evaluation of
policies and programs. The plan has anticipated the following generic outcomes for each
priority area:
Myanmar has several opportunities in 20152016 to assess its progress on the reform
agenda and how it has guaranteed the human rights of its peoplewomen in particular.
This includes the MDG review, the negotiations to nalize the Sustainable Development
Goals, the second appraisal of the Human Rights Council Universal Periodic Review, the
Beijing Platform for Action +20 Review Process, and the CEDAW review.
1.4
Purpose of This Publication
This publication, Gender Equality and Womens Rights in Myanmar: A Situation Analysis,
was produced by the United Nations Gender Theme Group96 in partnership with the
Department of Social Welfare. It responds to an expressed need by the government,
development partners, and other stakeholders to better understand the gender equality
and womens rights terrain in Myanmar. The data and analysis are intended to guide the
development and implementation of gender-sensitive policies and programs, including the
current reform agenda and the National Strategic Plan for the Advancement of Women.
Gender-sensitive policies and programs that are anchored with evidence is an expression
95
These include womens livelihoods and poverty reduction; women, education and training, women and health,
and violence against women; women and emergencies; women and the economy; women and decision-making;
institutional mechanisms for the advancement of women; women and human rights; women and the media; women
and the environment; and the girl child.
96
Agencies actively involved were UN Women, UNFPA, UNDP, and ADB. UNAIDS, UN-Habitat, UNICEF, the United
Nations Office on Drugs and Crime (UNODC), and WHO are gratefully acknowledged for the information provided.
24 Gender Equality and Womens Rights in Myanmar
of the democratic rights and freedoms women should enjoy and are fundamental to the
effectiveness of the governance, peace, and economic reforms in Myanmar and ensures
sustainable development.
More specically, the publication responds to the following government, civil society, and
development partners needs in the realms of development and humanitarian assistance as
follows:
UNFPA
Introduction 25
Methodology
Methodological framework
Equality between men and women is a human right enshrined in the Universal Declaration
of Human Rights (1948) and in all core UN and ILO human rights instruments and
agreements. This publication is guided by the National Strategic Plan for the Advancement
of Women, CEDAW, and the Beijing Platform for Action frameworks, principles, and
denitions of substantive gender equality,97 nondiscrimination,98 state obligation,99 and
womens empowerment.
97
CEDAW both distinguishes and asserts links between formal (equality of opportunity enshrined in law) and
substantive gender equality (real equality with respect to access and benets). The CEDAW approach to substantive
gender equality recognizes the distinction between biological differences and socially constructed discrimination and
inequalities between men and women, with women and girls occupying a lower status and position than men and
boys in most contexts. It recognizes (i) that this inequality is grounded in discriminatory roles, attributes, and conduct
that society deems appropriate for men and women and that marginalizes women and girls more than men and boys
from control over and access to material and nonmaterial resources of every kind; (ii) that gender is not a stand-alone
category but interacts with other socioeconomic categories, such as economic status, race, nationality, and ethnicity;
and (iii) that because gender-based discrimination and inequality are socially constructed, they can be changed to
ensure de jure (in law) and de facto (in fact) or substantive equality between men, women, boys, and girls. This is done
by (i) promoting policy and legislation that provide equal opportunities to men and women; (ii) promoting enabling
institutional and social environments, including temporary special measures to address the cumulative disadvantage
women have faced and to ensure real equality with respect to access and benets; and (iii) promoting individual and
collective empowerment to actually enjoy rights and entitlements. CEDAW helps level the playing eld between men
and women by ensuring that initiatives lead to substantive equality, which involves equality of opportunity, equality
of access, and equality of results and benets. See UN Women. 2005. Claim and Celebrate Women Migrant Workers
Human Rights through CEDAW. New York.
98
The term discrimination against women shall mean any distinction, exclusion, or restriction made on the basis of sex
that has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective
of their marital status, on a basis of equality of men and women, of human rights, and fundamental freedoms in
the political, economic, social, cultural, civil, or any other eld (Article 1: CEDAW). The denition of discrimination
includes (i) direct or indirect (intended or unintended) discrimination; (ii) discrimination in law (de jure) or in
practice (de facto); (iii) present, past, or structural discrimination; (iv) social, political, and economic discrimination,
encompassing social, civil, economic, and political rights; (v) intersectionality, in which gender discrimination does
not stand alone but interfaces with other social categories and forms of discrimination, such as class, ethnic, and
nationality discriminationdiscrimination against poor, ethnically marginalized women from a developing country.
See R. Chiongson. 2005. The CEDAW Convention: IWRAWAsia Pacic. Cited in UN Women. 2005. Claim and
Celebrate Women Migrant Workers Human Rights through CEDAW. New York.
99
CEDAW has a comprehensive orientation to state obligation. By ratifying CEDAW, states parties are saying
that they recognize discrimination and inequality and the need for state action; commit themselves to legally
binding obligations of the convention and are accountable for compliance with the same. State obligation under
the convention includes (i) guaranteeing all socioeconomic, civil, and political rights, based on the principle of
nondiscrimination in the public and private spheres and not just those outlined through Articles 616 of the
convention; (ii) embodying the principle of equality in the constitution and legislation; (iii) ensuring practical
realization of the principle of equality; (iv) preventing and prohibiting discrimination against women; (v) providing legal
protection for women; (vi) refraining from discrimination; (vii) eliminating discrimination by any person, organization,
or enterprise; (viii) imposing sanctions against discriminating acts and providing redress; (ix) modifying or abolishing
laws, regulations, customs, and practices that constitute discrimination; (x) repealing discriminatory penal provisions;
and (xi) accelerating equality in practice by introducing temporary special measures. See International Womens
Rights Action Watch Asia Pacic. 2001. Facilitating the Fulllment of State Obligations to Womens Equality: Training
Module on the Convention on Elimination of All Forms of Discrimination against Women. Kuala Lumpur.
26 Gender Equality and Womens Rights in Myanmar
Focus areas
This publication focuses on the following areas that the Plan for the Advancement of
Women encompasses: gender equality and womens rights in the economy, education,
and health care; gender equality and womens rights in political decision making and
governance, and in all aspects of conict and the peace process; and freedom from all
forms of violence. These focus areas were arrived at through a process of consultation
with the government and civil society groups and because they represent the key areas of
womens and girls lives.
UNFPA
Introduction 27
The writing of this publication encountered data constraints and limited rigorous research.
For example, there was no national census between 1982 and 2014, when the main ndings
of the Myanmar Population and Housing Census was released (in May). Nor has there been
a Labor Force Participation Survey since 1993. Additionally, responses from the CEDAW
Committee are frequently cited, although there has not been a CEDAW Committee report
since 2008; the next report will be in July 2016. Government data is seldom disaggregated
by sex. Also, there are variations between data published by the government, data collected
from large sample surveys (such as the Multiple Indicator Cluster Survey [MICS], the
Integrated Household Living Conditions Survey, and those of the World Bank and the Asian
Development Bank (ADB).100 This publication points out where data was nonexistent, not
accessible, or could not be adequately authenticated. Additionally, it highlights lessons
learned from other countries that Myanmar can draw upon.
A planning and priorities workshop was organized in Nay Pyi Taw in October 2012 to
discuss the scope and methodology of the publication. The international consultant worked
with a team of ve national researchers to collect and analyze available datain 2012 till
mid-2013. A writing team that included members of theUN Gender Theme Group and
the consultant,and coordinated by UN Women,worked to complete the publication
through 2013till 2015. Drafts received feedback from the government, the UN Gender
Theme Group, ADB, the World Bank, the UN Country Team, and civil society in 2014.
A multi-stakeholder validation workshop was organized also in early 2015by the
Department of Social Welfare and the UN Gender Theme Group to validate the
publication prior to its nalization.
100
For example, prior to the current census data release, estimates of the current population illustrate differences in data,
with Central Statistical Organization data for 20082009 pegged at 58.38 million people while ADB and World Bank
estimates for 2011 were pegged at 60.62 million and 43.84 million people, respectively.
28 Gender Equality and Womens Rights in Myanmar
Each chapter is grounded in the CEDAW, the Beijing Platform for Action, and the National
Strategic Plan for the Advancement of Women frameworks and begins by highlighting
the signicance of womens (and girls) equal participation with men (and boys) in the
relevant area. The chapters then prole the lived reality of women and how gender equality
and womens rights commitments have been met in relation to the specic thematic
area. Each chapter presents an analysis of the enablers and continuing obstacles to
womens participation in the respective area, including policy issues. Where possible, data
disaggregated by class, age, ethnic, and regional variations are highlighted. The chapters
also cover what enables decision makers to deliver on a gender-responsive policy agenda in
the particular area. In doing so, each chapter concludes with recommendations for action,
drawing on good practices from Myanmar and other countries worldwide.
2
GENDER EQUALITY AND
WOMENS RIGHTS TO POVERTY
REDUCTION, A LIVELIHOOD, AND
FULL AND EQUAL PARTICIPATION
IN THE ECONOMY
UNFPA
Gender Equality and Womens
Rights to Poverty Reduction,
a Livelihood, and Full and Equal
Participation in the Economy
ADB
States Parties shall take all appropriate measures to eliminate discrimination
against women in the eld of employment to ensure, on a basis of equality of men
and women, the same rights, in particular: (a) the right to work as an inalienable
right of all human beings; (b) the right to the same employment opportunities,
including application of the same criteria for selection in matters of employment...;
(c) the right to free choice of profession and employment, the right to promotion,
job security and all benets and conditions of service and the right to receive
vocational training and retraining, including apprenticeships, advanced vocational
training and recurrent training; (d) the right to equal remuneration, including
benets, and to equal treatment in respect of work of equal value, and equality of
treatment in the evaluation of the quality of work; (e) the right to social security,
particularly in cases of retirement, unemployment, sickness, invalidity and old
age and other incapacity to work, as well as the right to paid leave; (f) the right to
protection of health and to safety at work, including safeguarding the function of
reproduction.
States Parties shall take into account the particular problems faced by rural
women and the signicant roles which rural women play in the economic survival
of their families, including their work in the non-monetized sectors of the economy,
and shall take all appropriate measures to ensure the application of the provisions
of the present Convention to women in rural areas.
Article 349 guarantees that citizens shall enjoy equal opportunity in carrying out
the following functions: (a) public employment; (b) occupation; (c) trade;
(d) business; (e) technical know-how and vocation; and (f) exploration of art,
science and technology. Article 350 states that women shall be entitled to the
same rights and salaries as that received by men in similar work. Article 352
states that the Union, in appointing or assigning duties to civil service personnel,
shall upon specied qualications being fullled not discriminate for or against
any citizen based on race, birth, religion, and sex. Despite prohibiting gender
discrimination in appointments to government posts, Article 352 states that
nothing in this section shall prevent appointment of men to positions that are
naturally suitable for men only.
2.1
Signicance of Womens Full and Equal
Right to Participate in the Economy
In Myanmar as in many other countries, women make enormous contributions to the
economyas farmers, business owners, entrepreneurs, managers, administrative staff, or
wage workers, or through their unpaid work within households and communities. Womens
enjoyment of their full and equal rights to livelihoods and participation in the economy with
men is an expression of womens human rights, in line with Myanmars commitments to
gender equality and womens rights.
There is a growing body of evidence emphasizing that investing in gender equality and
womens economic empowerment101 brings womens untapped skills and talent pool to the
fore, enhances economic efficiency, and improves other development outcomes that are
critical in an increasingly competitive and globalized world. Ensuring gender equality and
101
Womens economic empowerment is broadly dened as increasing the ability of women to bring about change that
drives valuable outcomes as a result of their increased economic capabilities and agency, i.e., their ability to function
effectively in the economy; to participate in labor and product markets on equal terms, to shape the gender division of
labor; to accumulate assets, to shape the relationship between markets and the state, and to inuence the institutions
and processes that determine growth and sustainable development. This requires the realization of womens rights
to livelihoods operating in a violence-free and enabling environment, which is a prerequisite in ensuring womens
enhanced capabilities and agency. See UN Women. 2012. Concept Note on Womens Economic Empowerment. Yangon.
32 Gender Equality and Womens Rights in Myanmar
womens rights also has positive intergenerational impacts; over time, it results in more
inclusive institutions and policy choices that optimize development outcomes.
Data from various contexts demonstrate this. For example, ensuring that women farmers
have the same access as men to fertilizer and other agricultural inputs would increase maize
yields by 11%16% in Malawi and by 17% in Ghana.102 Improving womens property rights in
Burkina Faso would increase total household agricultural production by about 6%, with no
additional resources but only by reallocating resources (fertilizer and labor) from men to
women.103 The Food and Agriculture Organization of the United Nations (FAO) estimated
that equal access to productive resources between female and male farmers could increase
agricultural output in developing countries by 2.5%4%.104
Positive development impacts on children and economic growth in other countries are
attributed to investments in gender equality and womens economic empowerment. Data
from Bangladesh, Brazil, Cte dIvoire, Mexico, South Africa, and the United Kingdom
demonstrate that increasing the share of household income controlled by women, either
through their own earnings or cash transfers, changes expenditure patterns that benet
children.105 For example, in Ghana, womens equal ownership and access to productive
assets and land are positively associated with higher food expenditures.106 In India, a
womans higher earned income increases her childrens years of schooling.107
When women are excluded from management positions, managers are less skilled on
average, reducing the pace of innovation and technology adoption.108
1. How has Myanmar met its gender equality and womens rights commitments to
ensuring womens full and equal rights to secure livelihoods and participation with men
in the economy?
2. What are the obstacles to womens full economic participation?
3. What enables women and men in decision-making positions to ensure womens
equal rights to secure livelihoods and their equal participation with men in economic
processes?
102
R. Gilbert et al. 2002. Gender Analysis of a Nationwide Cropping System Trial Survey in Malawi. African Studies
Quarterly. 6 (1). See also R. Vargas Hill and M. Vigneri. 2009. Mainstreaming Gender Sensitivity in Cash Crop Markets
Supply Chains. Washington, DC: International Food Policy Research Institute.
103
C. Udry. 1996. Gender, Agricultural Production, and Theory of the Household. Journal of Political Economy. 104 (5).
pp. 10101046.
104
Food and Agriculture Organization of the United Nations (FAO). 2011. The State of Food and Agriculture: Women and
Agriculture, Changing the Gender Gap for Development. Rome.
105
World Bank. 2012. Gender and Development: World Development Report. Washington, DC.
106
C.R. Doss. 2006. The Effects of IntraHousehold Property Ownership on Expenditure Patterns in Ghana. Journal of
African Economies. 15 (1). pp. 149180.
107
N. Luke and M. Kaivan. 2011. Women as Agents of Change: Female Income and Mobility in India. Journal of
Development Economics. 94 (1). pp. 117.
108
Footnote 105.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 33
2.2
Gender-Based Trends in Poverty,
Secure Livelihoods, and Participation
in the Economy
Poverty in Myanmar
Despite such data variations, it can be concluded that one in every four or ve people in
Myanmar lives on income that is below the national poverty line.
The proportion of employed people living below the national poverty line, or working
poor, is the share of individuals who are employed but live in a household whose members
are classied as poor. In Myanmar, this proportion declined from 32.3% to 25.5% between
2005 and 2010 (Table 2.2). Overall, a larger proportion lived in rural areas, but the rate of
decline was higher for females than for males.
109
Ministry of National Planning and Economic Development (MNPED), Swedish International Development
Cooperation (Sida), United Nations Childrens Fund (UNICEF), and United Nations Development Programme
(UNDP). 2011. Integrated Household Living Conditions Survey in Myanmar (20092010): MDG Data Report. Yangon.
110
UNDP. 2013. A Regional Perspective on Poverty in Myanmar: Empowered Lives, Resilient Nations. Yangon.
34 Gender Equality and Womens Rights in Myanmar
The IHLC Survey data revealed important locational trends.111 First, the incidence of poverty
declined faster in urban areas than in rural areas. However, rural poverty remained considerably
greater, with rural poor accounting for 84% of the total impoverished population. Second,
there were signicant region and state differences in how poverty was experienced. As noted
in the Millennium Development Goals Report 2013, more than half of Myanmars impoverished
population in 2010 resided in ve regions and states.112 More than a third of the poor population
resided in two regions: Ayeyarwady (19%) and Mandalay (17%), while more than a quarter of the
poor population resided in Rakhine State (13%) and Shan State (13%) (Figure 2.1).
0 20 40 60 80
Chin
Rakhine
Tanintharyi
Kachin
Magway
Bago (East)
Yangon
Bago (West)
Kayah
Source: Ministry of National Planning and Economic Development, Swedish International Development
Cooperation Agency, United Nations Childrens Fund, and United Nations Development Programme. 2011.
Integrated Household Living Conditions Survey in Myanmar (20092010): MDG Data Report. Yangon.
Between 2005 and 2010, the overall incidence of poverty declined in all regions and states
except four: Rakhine (increased from 38% to 44%), Kayin (increased from 12% to 17%),
Ayeyarwady Delta (increased from 29% to 32%), and Yangon (marginally increased from
15% to 16%). Maximum reductions in the incidence of poverty were observed in Kayah,
Bago (West), Sagaing, Shan (South), Bago (East), and Kachin (Figure 2.2).113
111
The 2013 Millennium Development Goals Report and other reports discuss these trends.
112
Footnote 43.
113
Footnote 43.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 35
3% 0% 1%
3%
19% 4%
5%
3%
2% 1%
6% 8%
5%
7%
17%
13% 3%
Source: Ministry of National Planning and Economic Development, Swedish International Development
Cooperation Agency, United Nations Childrens Fund, and United Nations Development Programme. 2011.
Integrated Household Living Conditions Survey in Myanmar (20092010): MDG Data Report. Yangon.
Third, the poverty gap ratio114 declined from 0.064 in 2005 to 0.041 in 2010.115 As with the
poverty incidence, the gap was considerably larger in rural than urban areas, and the rate of
decline was faster in urban than rural areas.
114
The poverty gap ratio reects both the severity (depth) and incidence of poverty as the average shortfall of the poor
from the poverty line multiplied by the poverty incidence.
115
Footnote 43.
36 Gender Equality and Womens Rights in Myanmar
The highest values of the poverty gap ratio were observed in Chin State (0.167) followed by
Rakhine State (0.076), Tanintharyi Region (0.066), and Shan State (0.06). The poverty gap
ratio declined in all regions and states except Kayin and Rakhine.
Fourth, the share of poorest quintile in national consumption116 rose slightly, from 11.1% in
2005 to 12% in 2010 (Table 2.4).
An upward trend was found across all regions and states, and there was little variation in the
level across regions and states.
First, to identify and address the poverty of women and girls and disadvantaged groups
generally or the effects of poverty on women and girls, indicators need to be shown
separately for females and males as well as by age and other relevant categories.
Disaggregation by sex and other categories that identify poverty groups should be carried
out at all levels of analysis, not just in overall totals. Poverty is currently measured in most
contexts only at the household level because it is difficult to calculate individual measures
of income or expenditure poverty. There is no clear denition of income poverty of
individuals due to lack of data. Earnings may be disaggregated by the sex of the earner, who
may not control that income. For example, men may control the money that women earn.117
In low-income countries, household expenditure data are often used to measure poverty
because they are more accurate. But these data do not include the sex of the person
making or beneting from the expenditure because identifying who makes spending
decisions and who benets from expenditure is complex. Women typically decide on and
are responsible for small daily expenditures, but men usually control large expenditures.
Men tend to spend more on personal consumption, while women tend to spend more on
116
Poorest quintile in national consumption is an important indicator of relative inequality and remains constant as long
as everyones consumption increases or decreases at the same rate.
117
L. Corner. 2008. Making the MDGs Work for All: Gender-Responsive Rights-Based Approaches to the MDGs. New York:
UNIFEM (now part of UN Women).
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 37
family needs and last on themselves. Thus, even if women control expenditures, they may
still be the poorest members of the household.118
Outcome indicators of poverty, such as lack of education, illiteracy, poor nutrition, and poor
health, suggest that more women than men are poor in numerous countries. Unfortunately,
there are no direct measures of poverty to show this.119 In Myanmar, Tiwari, Rahman, and
Tuns 2011 analysis of the 20092010 IHLC Survey data revealed gender differentials
across some such indicators. For instance, while immunization coverage for girls (younger
than 1 year) was greater than for boys, the proportion of malnourished girls younger than 5
years was slightly larger (Table 2.5).
118
Footnote 117.
119
Footnote 117.
38 Gender Equality and Womens Rights in Myanmar
Further analysis of the gender dimensions of the IHLC Survey data also found that in terms
of education, female-headed households with no adult males had an enrollment ratio that
was 10% lower than households with adult males. Within those households, the enrollment
ratio for males was somewhat larger than for females.120
It is possible to disaggregate poverty headcount ratios and poverty gap ratios by sex and
other categories and supplement them with qualitative data, although the extent of
disaggregation is limited by the size of the survey. It is also important to recognize the
limitations of these ratios. The poverty headcount ratio does not capture the degree of
poverty or distribution of poverty among the poor. Although the poverty gap ratio measures
the depth or intensity of poverty, it is still insensitive to the distribution of income among
the poor.121
Poverty can be measured through time-use or time-allocation surveys. Time is the one
direct measure of individual poverty within a household that allows comparisons between
females and males, typically showing differences between the amount and type of work
done by women and men. Men are more likely to be in paid work while women are more
likely to spend most of their time on unpaid domestic and care work. Men also tend to
have more rest and leisure time than women. Time poverty contributes to womens lack
of capability on various fronts, depriving them of a lack of access to education, training,
information, health care and other social services, employment, and other income-earning
opportunities.
Data on household headship can be useful in identifying poor women. But in most
settings the feminization of poverty cannot be measured in terms of the proportion of
female-headed households in the population. Dening female headship is difficult and
varies by country. In many countries, it is a self-declared category and may or may not
mean that there is an adult male resident in the household. In some countries, it would be
inconceivable to identify a woman as a household head if any adult male also lived there or
if a male migrant belonged to that household.124
120
J. Desai. 2013. The Gender Dimensions of Living Conditions in Myanmar. Yangon. This report is a gender analysis of two
Integrated Household Living Conditions Surveys, in 20042005 and 20092010.
121
Footnote 117.
122
Footnote 117.
123
IHLC Survey data for 20042005 and 20092010.
124
Footnote 117.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 39
In many countries, female-headed households are not on average poorer than male-
headed households. But the average may conceal a polarized distribution. At the higher end
of the income distribution are households that are female-headed by choice, in which the
woman tends to be well educated and in good employment, often single, and with few or no
dependents; or they are households headed by economically privileged females, in which
headship resulted from divorce, separation, or widowhood. At the lower end of the scale,
female headship may result from desertion, divorce, or separation, and the woman head of
household may be less educated, have an insecure livelihood, and have many children and
other dependents. If any particular analysis focuses only on the average across all female-
headed households, these poor households may be overlooked.125
This section focuses on assessing the relationship of women to labor markets and
comparing employment outcomes for men and women and the gender issues in the world
of work, to the best degree possible given the available labor market indicators.127
125
Footnote 117.
126
Footnote 117.
127
The International Labour Organization (ILO) developed an exhaustive list of indicators of the labor market. The
ILO Key Indicators of the Labor Market (KILM) database is a comprehensive collection of labor market information
that can serve as a tool in monitoring and assessing many of the pertinent issues related to the functioning of labor
markets. One such issue is equity in the labor market. The producers of the KILM acknowledge in the Guide to
understanding the KILM that women face specic challenges in attaining decent work. The analysis in this section
uses available KILM indicators. See ILO. 2013. Key Indicators of the Labor Market (KILM). 8th edition. www.ilo.org/
empelm/what/WCMS_114240/lang--en/index.htm (accessed 2 February 2014).
40 Gender Equality and Womens Rights in Myanmar
IHLCSurvey, provide a snapshot of the working lives of people in Myanmar, the absence of
comprehensive labor force survey data makes it extremely difficult to assess where women
are employed in the economy and at what levels.
According to the latest IHLC Survey ndings,128 the labor force participation rate in 2010129
in all sectors was 67%, which was around two-thirds of the population aged 15 or older.130
There was a difference between urban and rural participation rates, at 60% and 70%,
respectively (Table 2.6).
There was also a substantial gap between the female and male labor force participation
rates, at 54% and 82%, respectively (Table 2.6).131 The overall labor force participation rate
for women increased over the 5 years for which data were available. The increase in the
female rate (a 6.7% increase) was double the increase for men (a 3% increase) between
2005 and 2010.
Table 2.6: Labor Force Participation Rate (%) for the 6 Months Prior
to the IHLC Survey, 2005 and 2010 (among persons 15 years and older)
Strata Sex
Total (%)
Urban (%) Rural (%) Male (%) Female (%)
2005 56.1 67.5 79.7 50.5a 64.3
2010 59.9 69.9 82.1 53.9 67.1
a
The Ministry of Labour, Employment and Social Security estimated the 2005 labor force participation rate for
women at 49.1%, which was slightly lower than what the Integrated Household Living Conditions (IHLC) Survey
ndings estimated.
Source: Ministry of National Planning and Economic Development, Swedish International Development
Cooperation Agency, United Nations Childrens Fund, and United Nations Development Programme. 2011.
Integrated Household Living Conditions Survey in Myanmar (20092010): MDG Data Report. Yangon.
Given the large differences between the male and female labor force participation rates
(Table 2.6), underemployment was also more prevalent among females (at 41%) than
among males (at 35%). Considering the gender parity in enrollment at the primary and
secondary school levels and the larger proportion of women in higher education, the
differences in the malefemale labor participation rates and womens underemployment
are concerns. While this gap between womens education and employment begs more
rigorous exploration, it certainly points to the inadequate realization of womens rights and
lack of optimization of womens potential for sustainable human development.
128
Footnote 109.
129
Labor force participation is dened as those who are working or available for work, for a given age group. It excludes
the following population groups: those unable to work for health reasons, those doing unpaid domestic work full time,
full-time students, full-time religious personnel, those who are physically or developmentally delayed and unable to
work, those living on a pension or retired, and others who are not seeking employment.
130
The labor force participation rate for persons aged 15 years and older is 63.4% (81.7% for men and 47.1% for women);
for persons aged 1564 years, it is 67% (85.2% for men and 50.5% for women). Total labor force participation rates
are lowest in Rakhine State, at 58.8% (83.2% for males and 38.1% for women, the lowest for women among all states
and regions). See Department of Population. 2015. Myanmar Census 2014. Nay Pyi Taw: Ministry of Immigration and
Population.
p. 29.
131
Womens labor force participation is roughly the same as for other countries in the region, with 50.2% in the Lao
Peoples Democratic Republic, 43.5% in Cambodia, and 40.4% in Viet Nam. See United Nations Country Team. 2011.
Achieving the Millennium Development Goals in Myanmar Thematic Analysis. Yangon. p. 23.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 41
Employment-to-population ratio
The employment-to-population ratio, measured as the ratio of employed persons to the
working-age population,132 increased from 54.3% to 57.1% between 2005 and 2010 (Table
2.7). The ratio was much larger in rural than in urban areas, while the percentage increase
over time was greater in urban than rural areas. The ratio was much lower for women, but
the rate of increase was twice as high for them than for men.133
The lowest values of this indicator were found in Rakhine State (46.2%), Yangon (47.9%),
Kachin State (49.1%), and Tanintharyi Region (51.1%).134
As noted earlier, the proportion of employed people living on income below the national
poverty line, or the working poor, declined from 32.3% to 25.5% between 2005 and 2010.
Although a larger proportion was detected in rural areas, the rate of decline was greater for
females than for males.
As with the poverty incidence, Chin State had the largest estimated proportion of working
poor, followed by Rakhine and Shan states and Tanintharyi and Ayeyarwady regions.135
Although the labor force participation rate and the employment-to-population ratio are
important indicators, they provide only a partial picture of womens and mens experiences
in the labor market. In addition, it is important to look at gender differences in the quality
and conditions of work. Despite gradual progress in female labor force participation,
pervasive and persistent gender differences remain in productivity and earnings across
sectors and jobs. Women all over the world appear to be concentrated in low-productivity
132
The employment-to-population ratio is dened as the proportion of a countrys working-age population who are
employed (the youth employment-to-population ratio is the proportion of the youth populationtypically dened as
persons aged 1524 yearswho are employed). See ILO. 2013. Key Indicators of the Labor Market (KILM). 8th edition.
133
The employment-to-population ratio, which is calculated as the total labor force currently employed to the total
working-age population for persons aged 1564 years, is 64.4% (81.9% for males and 48.4% for females). The
employment- to-population ratio is the lowest for Rakhine State, at 52.6% (75.6% for males and 33.2% for females,
which is the lowest for women among all states and regions). See Department of Population. 2015. Myanmar Census
2014. Nay Pyi Taw: Ministry of Immigration and Population. p. 29.
134
Footnote 43.
135
Footnote 43.
42 Gender Equality and Womens Rights in Myanmar
jobs, working or running small farms; overrepresented among unpaid family workers and in
the informal sector; and rarely rising to positions of power in the labor market.
Table 2.8 presents data on the main types of employment for the economically active
population. Job quality for workers in Myanmar remains poor, as reected in the large share
of own-account and contributing family workers, or those in vulnerable employment.
According to the 20092010 IHLC Survey ndings, 46.4% of urban employment and
57.6% of rural employment were in these categories, which represented a slight increase
from 20042005. Women (58.3%) were more likely than men (52.4%) to be in these types
of jobs, particularly as contributing (unpaid) family workers. The highest values of this
indicator were found in Shan State (74.2%), Chin State (71.5%), and Kayin State (64.9%).136
Employment by sector
Table 2.9 provides sex-disaggregated data on employment by sector for 2010. The
agriculture sector is the largest employer of women workers, accounting for half of all
womens employment, followed by services and then manufacturing. Outside of agriculture,
women are employed in the wholesale and retail trade, repair of motor vehicles, and
personal and household goods (14%); real estate, renting, and business activities (11%);
in private household as employers and undifferentiated production activities (9%); and
manufacturing (7%).
In the absence of credible data sets over time, it is difficult to determine the broader
trends around womens participation in different sectors. However, the 2013 Millennium
Development Report (MDG) report mentioned that womens share in paid employment
outside the agriculture sector went up from 41.3% to 44.7%.137 The survey ndings also
indicated that in 2010 the share of women in the nonagriculture sector was larger for the
136
Footnote 43.
137
Footnote 109.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 43
nonpoor (46.7%) than for the poor (40.3%), and marginally lower in urban areas (44.0%)
than in rural areas (44.9%). The lowest state-level value of this indicator, by a wide margin,
was found in Chin State, at 21.7%. A more detailed sectoral analysis is presented further on.
Employment by occupation
Sex-disaggregated data on employment by occupation is unavailable, except for some data
for the public services, representing an area in which more work needs to be pursued.
138
This study considers deputy director level and its equivalent to be mid-management positions.
139
Central Statistical Organization. 2012.
44 Gender Equality and Womens Rights in Myanmar
By sector, the largest proportion of women employees was found in the Ministry of Science
and Technology, constituting 74% of total employees, and 65% at the management level
(deputy director or equal and above). This perhaps reects the larger proportion of women
graduates in science and technology compared with men.140
Many of these economic activities also engage workers to supplement available family
labor. A large proportion of women who are self-employed or contribute to family-owned
enterprises are often in situations of vulnerable employment, characterized by inadequate
earnings, lack of social protection, low productivity, and difficult work conditions.
Unemployment
As shown in Table 2.10, in the past several years for which data were available, the rate of
unemployment was slightly higher for women than for men.142 There were also considerable
variations in reported unemployment rates between regions and states and age cohorts
(Table 2.11). For example, the latest unemployment rate for women was much higher in
140
Footnote 139.
141
UN Thematic Group on Gender. 2000. Myanmar Gender Prole. Yangon. pp. 46, 52.
142
The unemployment rate (persons aged 1564 years) is 4.0% (3.9% for males and 4.1% for women); by region/state,
it is lowest in Rakhine State, at 10.4% (9.1% for males and 12.8% for females, which is the highest for women among
states and regions). Department of Population. 2015. Myanmar Census 2014. Nay Pyi Taw: Ministry of Immigration and
Population. p. 29.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 45
UNFPA
Local vendors selling fresh agricultural commodities, Ayeyarwady Region.
Rakhine State, at 12.8%,143 than the estimated 6.7% in 2010 in the IHLC Survey Poverty
Prole data. This can be attributed to the severe restrictions on mobility of women of
certain ethnic groups residing in those areas. The rate was also high in Yangon, at 4.4%,
compared with other regions and states.
The higher unemployment rate for women than men also means that more women seek
jobs than men.144 According to the Department of Labor, the number of job seekers through
Labor Registration Offices throughout the country was larger for women from 19992000
through 20082009. This was particularly the case for applications for government
positions. For example, of the total 2,400 applicants (for 50 positions in the Ministry
of Foreign Affairs) in 2012, 2,000 were women.145 No information was available on the
number of women eventually hired.
143
Department of Population. 2015. Myanmar Census 2014. Nay Pyi Taw: Ministry of Immigration and Population.
144
Central Statistical Organization. 2010. Statistical Prole of Children and Women in Myanmar. Nay Pyi Taw: Department
of Labor.
145
Footnote 14, p. 36.
46 Gender Equality and Womens Rights in Myanmar
This points to the need for policies and programs that create more (in terms of quantity)
and more decent (in terms of quality) employment for women. Such policies must be based
on an understanding of the barriers that prevent womens employment.
Wage differentials
On average, although the ratio of women to men for hourly wages in industry declined
over time (Table 2.12), it remained as large as 90%. Gender segregation by industry and
occupation and differences in human capital or productivity are arguably some of the
factors that lead to wage differentials.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 47
Table 2.12: Ratio of Women to Men for Hourly Wage of Regular Employees
in Industry, 20002008
2000 2001 2002 2003 2004 2005 2006 2007 2008
Mining and quarrying 117.6 96.8 103.2 103.1 98.3 97.8 96.0 106.3 107.8
Manufacturing 153.9 91.9 93.9 88.9 90.9 88.9 96.4 87.6 87.8
Construction 113.1 118.4 119.2 119.3 107.6 103.8 95.5 92.3 94.7
Transport, storage,
and communication 136.5 89.5 88.3 99.2 104.6 99.6 99.0 95.0 88.5
Source: Based on the calculation of the data available in ILO Labor Statistics Database (Labor-Related
Establishment Survey). See http://laborsta.ilo.org/
Of the total agricultural workforce in 2010, 92% worked on their own agricultural holdings
and about 20% worked on land owned by others.150 The average landholding was
4.4acres.151 A total of 61% of the poor households across the country engaged in agriculture
in 2010; of them, 67% lived in chronic poverty.152 Of those households classied as poor,
33% were landless.153 There were also signicant regional variations in landlessness. In the
Hilly Zone, only a quarter of households (26%) had no access to land, while in the Delta
146
In 2012, among the countrys top 10 commodities in terms of production quantity, ricethe staple food of the
countrywas the number one crop, at 28 million tons. Rice is also the top export commodity among agricultural
products. The second- and third-largest productions are sugarcane and vegetables, at 10 million tons and 4 million
tons, respectively. Other commodities include beans, fruits, maize, groundnuts, fresh cows milk, onions, and chicken
meat. According to the Ministry of National Planning and Economic Developments monthly economic indicators,
maize and pulses, such as matpe, pedesein, pesingon, and gram, as well as sesame seeds, onions, and tamarind are
among the top 10 export agricultural products. Food exports accounted for about 22% of the 20122013 commodity
trade. http://faostat.fao.org/CountryProles/Country_Prole/Direct.aspx?lang=en&area=28 and Table 7, Export
of Principal Commodities of Foreign Trade, Selected Monthly Economic Indicators. www.mnped.gov.mm/index.
php?option=com_content&view=article&id=95&Itemid=112&lang=en
147
Ministry of Agriculture and Irrigation. 2010. Myanmar Census of Agriculture of 2010 Supplementary Module SLRD.
Nay Pyi Taw.
148
Footnote 147.
149
Footnote 147.
150
Footnote 147.
151
Footnote 147. Household farm labor comprises the labor of agricultural heads and their household membersmale
and female, aged 10 years and older. They participate in agricultural production and related activities. Both male- and
femaleheaded households rely on household farm labor.
152
UNDP. 2011. Integrated Household Living Conditions (IHLCA) Survey in Myanmar: Poverty Dynamics Report. Yangon.
153
Footnote 152.
48 Gender Equality and Womens Rights in Myanmar
and/or Coastal Zone, it was as much as 72%. The sample from cyclone Giri-affected areas
also represented a large proportion of landless households (at 68%).154 Landless households
tend to rely on casual labor and off-farm employment or other income-generating activities
for survival, when such work is available.155
Table 2.13 demonstrates that nationally, nine out of 10 agricultural households had access
to agricultural land in 2010, of which 90% were male-headed and 10% were female-headed
agricultural households. Of the male-headed households, 98% had access to agricultural
land, while only 61% of the female-headed households had access to land.
Source: Ministry of Agriculture. 2010. Myanmar Census of Agriculture of 2010 Supplementary Module SLRD. Nay Pyi Taw.
In addition, there was inequality between male- and female-headed households in the size
of landholdings. The average area per parcel for male-headed households was 6.5 acres per
holding, compared with 5.3 acres per holding for female-headed households. The average
number of parcels in the agricultural holdings of female-headed households was only 3.7
parcels, compared with 4.2 for male-headed households. The gap in proportions increased
between male- and female-headed households as holding size increased.
154
Livelihoods and Food Security Trust Fund. 2012. Baseline Survey Results. Yangon.
155
Footnote 154.
156
Footnote 147.
157
Footnote 147.
158
Footnote 147.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 49
UNFPA
Womens right to access and owning land tends to be highly insecure.159 There are also
several legal concerns. While women retain equal rights under the 2008 Constitution to
enter into land-tenure contracts and to administer property, there is no guidance on how
women can, in practical cases, defend their rights upon divorce or death of their husband.
In addition, religious customary laws that govern matters of succession, inheritance, and
marriage often do not afford women equal access to, or control over, land. Many of these
customs provide men greater economic and decision-making power in domestic affairs,
thereby allowing husbands or sons to inherit property. The newest land legislationthe
Farmland, the Vacant, Fallow and Virgin Lands Management Act, 2013requires that land
be registered in the name of the head of household rather than explicitly recognizing equal
rights of women to inherit land or be granted use rights for vacant, fallow, and virgin land.
A mechanism for joint ownership of property between husbands and wives is not available
in the current legislative framework.
159
United States Agency for International Development (USAID). Undated. USAID Country Prole: Property Rights and
Resource GovernanceBurma. http://usaidlandtenure.net/sites/default/les/country-proles/full-reports/USAID_
Land_Tenure_Burma_Prole.pdf
50 Gender Equality and Womens Rights in Myanmar
In 1995, Daw S. Mar Jee analyzed the gender division of labor in upland farming
communities, where men were responsible for felling trees to clear forestland for
cultivation, while it was women who tilled the soil with hand spades once the land was
cleared. Activities such as planting and weeding, which are more time consuming, were
also done by women. The Livelihoods and Food Security Trust Fund (LIFT) baseline survey
identied that in areas affected by cyclone Giri (in October 2010) and the Delta and/or
Coastal zone, much less casual agricultural work was undertaken by women, compared with
the Hilly and Dry zones. In general, women were also more involved than men in weeding
and other activities during the growing season but less in soil preparation and plowing.160
Women in Myanmar have a high burden of work, which includes both productive and
reproductive work. Although there are regional variations, most of the rural population is
engaged to some extent in subsistence agriculture, where production for own-consumption
goes largely unmeasured. Women who take part in gardening, animal husbandry, cropping,
and processing also manage domestic work simultaneously.161 Men, on the other hand,
contribute much fewer hours to reproductive work. Although no time-use survey has been
conducted at the regional or national level in Myanmar, ndings from a small sample survey
conducted by the United Nations Development Programme (UNDP) in 2012 in villages
around Inle Lake clearly demonstrated that women spend much more time than men on
reproductive or domestic tasksgenerally four or ve times more per day (Table 2.14).
Field research in villages along the Kyaing TongTachilek road in Shan State in 2009
revealed differences in mens and womens time use. Women from border villages spent
more time on reproductive (on an average 5.4 hours per day) and productive work
(6.8 hours), compared with men (who spent 0.4 and 5.4 hours, respectively, on those
activities). As a result, women had much less time for rest (4.3 hours) and sleep (7 hours)
than men (8.1 and 7.4 hours, respectively).162 According to some studies, this may be
160
Footnote 154.
161
P. Alexander. 2012. Assessment of Gender for UNDP Myanmar Programme, 20132015. Yangon: UNDP. p. 15.
162
UNDP. Gender Analysis of Villages Around Inle Lake. Yangon. Unpublished.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 51
attributed to the heightened sense of insecurity among women in these areas,163 which
compels them to stay within their home and focus on reproductive work, more so than
women in other agro-based villages.
Wage work
According to several surveys, overall men put in more days of casual labor than women.164
However, these differences are marginal in most states and/or regions and vary across age
cohorts. For example, the IHLC Survey ndings demonstrated that younger workers on
average are more likely to be employed in wage work than adults, both males and females.165
There were also considerable variations between regions, cropping seasons, and types of
work undertaken.
The 20092010 IHLC Survey also found that in Chin and Rakhine states and Tanintharyi
Region, men were more likely than women to work for wages. This may be attributed
to womens mobility, which tends to be more restricted in those states and region.166 In
border villages, more men than women appeared to have access to income-generating
opportunities.167
The Enhancing Rural Livelihoods and Incomes Project (20142017) was designed to improve
agricultural productivity and enhance livelihoods in Ayeyarwady Delta, Central Dry Zone
(Magway and Mandalay regions), Tanintharyi Region, and Shan State. The project supports
community participation in identifying priority needs, planning, and formulating village
development plans, with a target of at least 50% of poor households participating in meetings
and consultations. The following actions are included to ensure womens involvement: (i) 40%
female participation in meetings and decision-making activities; (ii) 50% female membership
in village development support committees; (iii) 40% of the beneciaries trained in livelihood-
related skills, including improved crop, sh, and shrimp production, are women; and (iv) at least
80% of all social infrastructure projects prioritized by women are constructed.
163
A perception survey revealed that residents in border villages identied theft, drugs, land disputes, security and
safety issues, and deforestation and environmental degradation as social problems encountered due to the road
development. Villages are located on the AH2 route of the Asian Highway through Myanmar, with good connectivity
through public transport, allowing people to commute to the border (Tachilek) in a day. See Win Myo Thu. 2012.
Impact of Cross-Border Road Construction on the Livelihoods of Women and Men in Kyaing Tong-Tachilek,
Myanmar. In K. Kusakabe, ed. Gender, Roads, and Mobility in Asia. Bourton on Dunsmore, Rugby, UK: Practical Action
Publishing. pp. 96108.
164
Footnote 120.
165
Footnote 120.
166
Footnote 120.
167
Win Myo Thu. 2012. Impact of Cross-Border Road Construction on the Livelihoods of Women and Men in Kyaing
Tong-Tachilek, Myanmar. In K. Kusakabe, ed. Gender, Roads, and Mobility in Asia. Bourton on Dunsmore, Rugby, UK:
Practical Action Publishing. pp. 96108.
52 Gender Equality and Womens Rights in Myanmar
Wage gaps
Despite government commitments to ensure equal pay for work of equal value,168 there
appear to be differences in wages paid to men and women in agriculture. Depending on
the nature of the work and region, men are commonly paid between MK1,500 ($1.50) and
MK3,000 ($3) and women between MK1,000 ($1) and MK2,500 ($2.50) per day.169 The
2012 UNDP study conducted in a small sample of villages near Inle Lake (Hilly Zone) found
that despite womens important role in agriculture-related livelihood activities, they earned
less than men for the same type of work.170
168
Article 350 of the Constitution.
169
Footnote 154.
170
UNDP. Gender Analysis of Villages Around Inle Lake. Yangon. Unpublished.
171
Footnote 154.
172
Footnote 120.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 53
Additionally, women have beneted from skills training and small loans from the Ministry
of Womens Affairs; business loans from the Myanmar Women Entrepreneurs Association;
and from improvements in micronance, microcredit, and savings groups. In 2010, there
were more than 5,100 self-help groups, each with about 1015 women members.
The formal banking and nance sector in Myanmar is at an incipient stage of development.
Consequently, throughout the country, limited access to credit has been a binding
constraint on the growth of the agriculture sector. According to the 20092010 IHLC
Survey data, more nonpoor (at 36%) people had access to credit, compared with
impoverished people (at 30%). There appears to be little difference in access to credit
for either agricultural or nonagricultural businesses between male- and female-headed
households.173 An alternative source of nancial resources for many small producers is cash
remittances from migrant family members sent through the traditional hundi system.
As mentioned earlier, Myanmars formal nance sector is small and underdeveloped. The
primary available source of funding is short-term loans with strict collateral requirements.
Women in particular are unable to meet these requirements due to lack of property
ownership, including land.
173
Footnote 109.
174
See www.pactworld.org/sites/default/les/PGMF%202%20pager.pdf
54 Gender Equality and Womens Rights in Myanmar
Livestock
In Myanmar, many agricultural households depend on livestock as an important source
of cash income and family nutrition. Data for 2010 suggest that 4.3 million households
engaged in keeping and/or breeding livestock and/or poultry. Like the crop farmers, 77% of
the livestock holders were aged 4059 years, with male holders younger than their female
counterparts by 5 years; the latter with a median age of 46 years and the former at 51
years.175
Although women hold and are responsible for smaller livestock, such as chicken, goats, and
pigs, men tend to hold and look after larger animals, such as buffaloes, horses, and cattle,
even though men and women also tend to jointly care for cows and buffaloes. The majority
of male farmers still use buffaloes and bullocks for plowing, while women use the smaller
animals as a source of nutrition and for selling, including animal-related products.
Forestry
Forests are an important economic resource base for agricultural communities and provide
income and resources for shelter, household economic, and food security. Forestry ranks
third by way of economic activities for the household workforce in agriculture, with 13.1%
of the population from male-headed and 11.3% of the population from female-headed
households engaged in forest-related activities.
Traditionally, women gather not only rewood from forests but also collect forest products,
such as mushrooms, wild fruits, nuts, wild vegetables, and medicinal herbs. Men hunt wild
animals and cut logs and bamboo. The sale and export of timber, such as teak, is a key
forest-related contribution to the economy. The timber industry is dominated by men.
Women are involved in this sector as collectors, producers, and users of nontimber forest
products, such as bamboo and rattan, mushrooms, nuts, and medicinal plants, which
Myanmar has in abundance.176
Fisheries
Myanmar is also abundantly endowed with water resources. These include rivers and their
tributaries, reservoirs, ponds, lakes, and even rice elds. Coastal and offshore shing, inland
shing, and aquaculture are an important activity for agricultural households for food and
livelihood. Of the total agricultural households, 5.1% was reported to be engaged in shing
in 2010. More than 80% of the households undertook shing for home consumption, while
the rest marketed their catch.177
175
Footnote 147.
176
For example, see www.ntfpuppermm.com/
177
Footnote 147.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 55
Myanmar produces and exports a variety of sh and sh products, fresh and dried prawns,
and crab, among others.178 While this sector is dominated by men, particularly in offshore
and large-scale sheries, women are involved in inland sheries, aquaculture, and small-
scale sheries.179
Industry
Industry constitutes the second most important pillar of the economy. In recent years,
Myanmar has made efforts to introduce agro-based industries, with the implementation of
a long-term industrial development plan (20002030). The government enacted several
laws to strengthen the industry sector, covering small- to large-scale industries.
As shown in Table 2.15, the top two export products were from extractive industries and
accounted for more than half of the total export in terms of value in 20102011.182
178
See MNPED, Table 7, Export of Principal Commodities, Foreign Trade in Selected Monthly Economic Indicators.
www.mnped.gov.mm/index.php?option=com_content&view=article&id=95&Itemid=112&lang=en
179
While both women and men are involved in inland shing and aquaculture, some small-scale shers around Inle Lake
in Shan State are women and the sale of sh is the domain of women. See FAO. 2003. Myanmar Aquaculture and
Inland Fisheries. Bangkok: FAO Regional Office for Asia and the Pacic. www.fao.org/docrep/004/ad497e/ad497e00.
htm#Contents
180
Aung Min and K. Kudo. 2012. New Governments Initiatives for Industrial Development in Myanmar. In H. Lim and Y.
Yamada, eds. 2012. Economic Reforms in Myanmar: Pathways and Prospects. BRC Research Report. No. 10. Bangkok:
Bangkok Research Centre, IDE-JETRO
181
Footnote 180.
182
Natural gas is the top export commodity, accounting for 35% of the countrys exports. Myanmar is also well known
for gems, such as jade and rubies, which account for 18% of the total export value. It also has other resources such
as petroleum oil, and minerals such as tin, antimony, zinc, copper, tungsten, lead, and coal. Large, modern extraction
operations for natural gas and petroleum oil are not necessarily labor-intensive. See ADB. 2012. Myanmar in Transition:
Opportunities and Challenges. Manila.
56 Gender Equality and Womens Rights in Myanmar
As shown in Table 2.9, 2.2% of total male employment and 0.7% of womens employment
in 2010 was in the mining sector. Increased mechanization means fewer people need to be
employed. Even when jobs are created, they tend to be associated with heavy labor and,
hence, for men. In many countries, this has meant that fewer women take up advanced
education or training in skills associated with mine-related activities, such as extraction.
The location of mines, in remote areas in Myanmar, limits womens participation in this
sector, especially those with family responsibilities. If anything, women tend to nd office-
based administrative and managerial jobs that are located at the extraction site.
Although there are large, formal, and modern extractive operations for copper, coal, and
other minerals, a large number of people from rural areas, including ethnic minorities,
engage in nonindustrial operationsartisanal and small-scale mining. Much of the gem
extraction, for instance, belongs to the latter category. Artisanal and small-scale mining
is largely informal and labor-intensive, hazardous, and unsafe. Such working conditions
present an added concern from a gender lens. While the formal mining sector is typically
male-dominated, women account for up to half of the small-scale mining workforce.183
Children, who accompany their mothers, often end up working at the sites.
183
ILO. 2003. Facts on Small-Scale Mining. www.ilo.org/global/resources/WCMS_067582/lang--en/index.htm
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 57
Anecdotal evidence suggests that women, who work alongside other family members in
these operations, receive poor returns on their labor while working in dangerous conditions.
Although women do not ordinarily engage in heavy labor associated with mining operations,
they often face greater long-term health risks. Women commonly transport ore; wash and
treat it with chemicals; and collect water needed for drinking, washing, and cooking from
sources near mining sites. As a result, they are exposed to more toxic chemicals and for
longer periods of time.184 Independent reports also point out that women engaged in mining
operations are at an increased risk of physical and sexual violence.185
There are several examples from other countries that showcase strategies to enhance
womens participation in this sector. For instance, some large mining companies have
piloted programs to increase the proportion of women in this sector, which include school
visits to share information with students on the types of jobs available,186 conducting public
awareness campaigns to counter traditional attitudes regarding types of jobs suitable for
women, and mentoring programs within management to encourage women to compete
for promotions. There have also been efforts to make workplace cultures more women-
friendly.
In addition to concerns around womens participation in this sector, there are severe
concerns over the social impacts of mining operations. An extensive body of work exists
on the extent of environmental damage and social upheaval resulting from mining and
resource extraction industries around the world. While mining remains an important
contributor to economic growth in Myanmar, it is important that the government takes
all necessary steps to ensure that its negative impacts are mitigated to the greatest extent
possible.
184
See www.earthrights.org/publication/mining-gender-and-environment-burma
185
Footnote 184.
186
Centre for Women in Politics and Public Leadership. 2012. The Pathway Forward: Creating Gender Inclusive Leadership
in Mining and Resources. Ottawa: Carleton University.
187
Hydropower is the main source of energy in the country; electricity from hydropower plants contributes nearly
70% of the total electricity generated in the country, followed by 22% from natural gas, and 8% from coal. Although
hydropower accounts for three-quarters of the electricity produced, only about 5% of the renewable water resources
are currently used. Myanmars potential for hydropower generation remains signicantly untapped, and if developed,
can be used for exports as well as for irrigation. See KPMG. 2012. Infrastructure in Myanmar. www.kpmg.com/MM/
en/.../Documents/Infrastructure-in-Myanmar.pdf
188
World Economic Forum. 2013. New Energy Architecture: Myanmar. Manila: Accenture and ADB. www.weforum.org/
reports/new-energy-architecture-myanmar
58 Gender Equality and Womens Rights in Myanmar
Although Myanmar is a country that is rich in energy resources, a large share of its
population lacks access to electricity. In fact, it has the poorest level of energy access in the
Asia and Pacic region, with percentages lower than a host of countries in Sub-Saharan
Africa.189 Only an estimated quarter of Myanmars population currently has access to a
regular supply of electricity.190 While official sources put the electrication rate at 13%,
other data sources reveal that less than 1% of the countrys population has access to
uninterrupted electricity. In rural areas, the national power grid network covers only 7%
(4,550 villages) of the countrys 65,000 villages.191 Thus, the majority of households (88%)
depend on solid fuels, such as wood and rice husks, for cooking and heating; while more
than two-thirds (70%) of the population depend on diesel lamps, batteries, or candles for
lighting.192
The recent census data, however, maintains that a sizable proportion of households in
Myanmar use electricity (32.4%) as their main source of energy for lighting, followed by
candles (20.7%). There is a big difference between urban (77.5%) and rural areas (14.9%)
in the use of electricity as the main source of lighting. The proportion of households using
batteries, generators, and solar systems as the main source of lighting is considerable. Four
out of ve households use wood or charcoal, while in rural areas up to 80% use wood or
charcoal for cooking. Overall, only 17% of households use energy, such as electricity or
liqueed petroleum gas, for cooking. The proportion is larger in urban areas (46%) but very
low in rural areas (6%).193
Women, especially in rural areas, spend a substantial amount of time collecting fuelwood
for household use. Some reports peg it at a high of 233 hours a year (about 20 hours
a month). Women and children also suffer from higher levels of lung and eye diseases
189
Over the past 10 years, electricity consumption in Myanmar has almost doubled, from 3,303 gigawatt-hours in 2000
to 6,093 gigawatt-hours in 2010. However, Myanmars per capita electricity consumption remains the lowest among
the ASEAN-10 countries, at 100 kilowatt-hours (kWh) in 2010, compared with a consumption of around 600 kWh
in Indonesia and more than 2,000 kWh in Thailand. See International Energy Agency. 2011. Energy for All: Financing
Access for the Poor. Paris: Organisation for Economic Co-operation and Development (OECD) and International
Energy Agency (IEA).
190
The low national average per capita electricity consumption is due to the low electrication rate, low industrial
development, and lack of investment. Data from the IHLC Surveys reveal that only 38% of households have access
to electricity, with pronounced differences between urban (81.3%) and rural locations (22.4%). Access is lowest in
Chin State (at 15%), Bago State West (at 13%), Bago State East (at 20%), and Rakhine State (at 23%). See UNDP.
20092010. Integrated Households Living Condition Assessment: Poverty Prole. Yangon. p. 87.
191
G.R. Shrestha. 2012. UNDP Programming for Rural Energy and Environmental Conservation in Myanmar, 20132015
(Challenges and Opportunities). Yangon.
192
Mercy Corps. 2011. Myanmar Energy Poverty Survey. Yangon.
193
Footnote 144, p. 33.
194
International Union for Conservation of Nature (IUCN). Undated. Gender and Bioenergy. http://sitemason.vanderbilt.
edu/les/k0ESGY/IUCN percent20BioEnergy percent20Factsheet.pdf
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 59
ADB
because they are exposed to indoor air pollutants when biomass fuels are burned for
cooking and heating.195
The importance of clean and sustainable energy services and technologies to womens
economic and social development is now well established globally, with increased efforts
to position access to energy services as a fundamental human right.196 The supply of energy
to vulnerable households is inextricably linked not only to improvements in the quality of
life and drudgery reduction but also to generating livelihoods and increasing contribution to
GDP.
Investments in modern fuels, mechanized power, and electricity can thus provide new
opportunities for economic and social development, especially for women. For instance,
increased access to modern cooking stoves results in better health outcomes for women by
reducing their exposure to fumes emitted from traditional wood-burning stoves.
Electricity can literally light up womens lives through improved cooking stoves and fuels,
food processing technologies (such as grinding mills, water pumps to reduce workloads,
and electric lighting to improve womens safety while traveling at night), and access to
information and knowledge through media such as television. All of these benets make
womens lives easier and can reduce the time spent on household and community chores
and free up their time for economic activities or for leisureall of which support womens
economic empowerment and improve their well-being and quality of life.197
195
WHO. 2011. Indoor Air Pollution and Health. www.who.int/mediacentre/factsheets/fs292/en/
196
A.J. Bradbrook and J.G. Gardam. 2006. Placing Access to Energy Services within a Human Rights Framework. Human
Rights Quarterly. 28. pp. 389415.
197
ADB. 2011. SeaGen Waves. 5 (2). Manila.
60 Gender Equality and Womens Rights in Myanmar
Beyond improved access to energy resources,198 women must also be recognized and
involved as leaders in local and national energy planning and policy processes. Recognizing
women as stakeholders in energy projects and furthering their participation at all levels
of decision making is central to the agenda of promoting a gender-aware approach to
energy policy and promoting cleaner, more efficient energy systems for all. The planning of
electrication programs must include a comprehensive demand assessment from a gender
perspective. Without an understanding of who uses household fuel and energy and for
what purposes, supply-side responses may not be adequate.
Prioritizing womens energy access (especially those in rural areas) through electrication
and fair fuel distribution plans, investing in technologies, and enabling gender analysis and
audits in energy projects are all strategies that can enhance womens quality of living and
increase their livelihood options by expanding their access to information, reducing their
time poverty, and thereby opening up newer opportunities for employment.
Sri Lanka: Power Fund for the PoorAs an Asian Development Bank (ADB)-funded project
(20042008), the assistance ensured that poor and marginalized households in Sri Lanka
including those headed by womencould access electricity services. It piloted a sustainable
micronance revolving fund that allowed poor households to amortize the up-front capital
costs required to electrify their homes. The project impact included reduced energy bills for
more than 50% of surveyed beneciaries; reduced womens workload through purchases of
end-use energy technologies, such as irons and blenders for grinding spices; increased income
for newly electried microenterprises; and extended study hours for children at home as a
result of household lighting. Another major benet identied by women was that of access to
information and entertainment brought through television.
Source: ADB. 2004. Proposed Grant Assistance to Sri Lanka for the Power Fund for the Poor. Manila.
Source: ADB. 2009. Report and Recommendation of the President to the Board of Directors: Proposed Loan and
Technical Assistance Grant to the Socialist Republic of Viet Nam: Renewable Energy Development and Network
Expansion and Rehabilitation for Remote Communes Sector Project. Manila.
198
Footnote 188.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 61
UNFPA
The recent census data further found that 74.3% of households had toilet facilities that
were either ush toilet or water seal (improved pit latrine)both of which are classied as
improved toilet facilities. The remaining households reported having traditional pit latrines,
bucket surface latrines, other forms of latrines, or no latrines at all. Yangon Region reported
the largest proportion of households with improved sanitation facilities, at 91.1%, followed
by Kayah State, at 88.5%. Rakhine State recorded the smallest proportion of households
with improved sanitation facilities, at 31.8%.200
Human resources required for managing or maintaining the power plants, grids, irrigation
system, and sanitation facilities are relatively small; and the employment effects from the
expansion of this sector have been marginal thus far. From a gender lens, the development
of this sector is signicant because it has a direct bearing on the quality of work, particularly
that of women. Access to improved water and sanitation is primarily seen as a health
indicator, but its benets go beyond. They have critical impact on reducing womens time
poverty and care work while enhancing their health outcomes and creating more time for
productive endeavors.
199
Footnote 144, p. 34.
200
Footnote 144, p. 30.
62 Gender Equality and Womens Rights in Myanmar
The Asian Development Bank (ADB)-funded project (20142018) aims to improve water
and sanitation infrastructure and access to basic services for low-income slum communities in
Mandalay and Yangon. The assistance supports the communities in selecting and prioritizing
infrastructure for safe and regular water supplies for drinking and household purposes, removal of
solid and liquid waste, drainage, and ood protection. The project also supports the establishment
of community development committees to manage the operation and maintenance of the
infrastructure. To support womens involvement, the project requires 40% female membership
in management committees and 50% female membership in project coordination and project
implementation teams.
Source: ADB. 2014. Republic of the Union of Myanmar: Pro-Poor Community Infrastructure and Basic Services.
Manila.
In the 20092010 Multiple Indicator Cluster Survey ndings, women, on average, were
responsible for water collection in approximately 72% of households. There were signicant
regional variations. In Chin, Rakhine, and Shan (North) states and in Sagaing Region,201
women were solely responsible for water collection in 80% of households. On average,
the reported journey time to a safe water source in rural areas was 10 minutes, but in Chin
Sate it was as much as 16.8 minutes.202 This was probably an underestimation because the
survey only captures time taken for one trip. In many households, water collection as an
activity is repeated several times during the day to ensure sufficient water supplies for the
household and thus the time spent is signicantly longer.
Construction
The construction sector accounted for about 5% of the total economy in 2012 (Table
2.16). The creation of special economic zones along with increased investments in road
connectivity, hotels, and other business has contributed signicantly to the boom in the
construction sector. Infrastructure construction and operations contributed an estimated
$10.5 billion to GDP in 2010 and provided employment for 500,000 people. By 2030, the
GDP contribution could be an estimated $48.8 billion and with employment of 2.3 million
workers.203
The proportion of men working in this sector is much larger than women. In 2010,
approximately 6% of the total workforce engaged in this sector was male, as opposed to
only 1% of women workers (Table 2.9).
201
Footnote 51, p. 34.
202
Footnote 51, p. 34.
203
Heang Chhor et al. 2013. Myanmars Moment: Unique Opportunities, Major Challenges. McKinsey Global Institute.
www.mckinsey.com/insights/asia-pacic/myanmars_moment
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 63
Table 2.16: National Accounts at Current Prices, Fiscal Year Beginning 1 April
(MK billion)
2000 2005 2010 2012
Value % Value % Value % Value %
Agriculture 1,461.2 57.2 5,736.4 46.7 14,659.0 36.9 15,752.9 30.5
Mining 15.0 0.6 89.5 0.7 366.4 0.9 3,158.4 6.1
Manufacturing 182.9 7.2 1,572.9 12.8 7,900.5 19.9 10,301.3 19.9
Electricity, gas, and water 3.4 0.1 27.7 0.2 421.9 1.1 611.1 1.2
Construction 46.0 1.8 461.7 3.8 1,839.3 4.6 2,515.9 4.9
Trade 613.7 24.0 2,667.2 21.7 7,971.2 20.0 10,010.0 19.4
Transport and
communications 153.4 6.0 1,412.2 11.5 4,926.6 12.4 6,887.3 13.3
Finance 2.6 0.1 10.2 0.1 37.7 0.1 84.6 0.2
Public administration 39.4 1.5 112.6 0.9 915.7 2.3 1,327.3 2.6
Others 35.1 1.4 196.5 1.6 738.5 1.9 1,078.5 2.1
Gross domestic product 2,552.7 100.0 12,286.9 100.0 39,776.8 100.0 51,727.3 100.0
Source: ADB. 2013. Key Indicators for Asia and the Pacic: Myanmar. Manila.
Interestingly, more and more young women are now entering male-dominated professions
in the construction sector, such as civil engineering. According to a 2013 news article,
women accounted for about 90% of the Yangon Technological Universitys 285 civil
engineering students. At the same university, the number of women students majoring in
architecture is four times greater than men.204
Manufacturing
Certain subsectors within manufacturing have traditionally been perceived to be
women-oriented. For example, the workforce in the garment industry, which is the main
manufacturing industry in Myanmar, is largely female. In the plantation sector, too, up
to 70% of the total workforce is female.205 On the other side, engineering has historically
been male dominated. However, as experience in other countries shows, with increasing
mechanization, the traditional assumptions about the suitability of certain jobs for women
become considerably diluted. For instance, the number of women working on motor
assembly lines has gradually increased in several countries.206
A key strategy adopted in Myanmar to boost the manufacturing sector is the creation of
special economic zones. Perceived as opportunities to rapidly overcome infrastructure
bottlenecks, attract foreign direct investment (FDI), and increase export volume, several
special economic zones are being developed. These zones are expected to increase job
opportunities in the short term during the construction phase as well as during the long
204
K. Suga. 2013. In Myanmar, Women Build the Country. Nikkei Asian Review. 19 December. http://asia.nikkei.com/
magazine/20131219-Power-play/Business/In-Myanmar-women-build-the-country
205
Myanmar Comprehensive Education Sector Review (CESR) Phase 1: Rapid Assessment, 2012 2014.
206
See S. Seguino. 1997. Gender Wage Inequality and Export-Led Growth in South Korea. The Journal of Development
Studies. 34 (2).
64 Gender Equality and Womens Rights in Myanmar
There is also an increase in FDI in Myanmar. Government data show that FDI mainly
ows into the oil, gas, and power sectors. Interestingly, no FDI was received in agriculture,
construction, industrial estates, real estate, transport, and other services during scal year
2011.207 With the increasing ow of FDI, more job opportunities are being created, both
in existing as well as new sectors. Experience in other countries demonstrates that such
development abets the entry of large numbers of women into the wage economy.
There are concerns, however, that the vast pool of female labor available may drive down
wages and labor conditions. It has been argued that one of the major factors behind the
entry of foreign companies in Myanmar is access to low-cost labor, particularly womens
labor. For instance, the evolution of the ready-made garment industry in other countries
involved appropriating a cheap female labor force, especially those migrating from rural
areas with limited or no skills. Such an inux of labor drives down the wages women can
negotiate and may lead to extremely poor working conditions. Women may also be trapped
in low-skilled jobs in these sectors if they are unable to upgrade their skills prior to or during
their employment. For women to maximize the benets from the job market, greater
investments in their skills development and skill upgrading are essential. This will also help
realize income growth from FDI.
The Union Parliament approved the Employment and Skills Enhancement Law in 2013.
Enforcement of its provisions will be important, as will mechanisms to monitor the
enforcement of labor standards within the sector.
There is also the added dimension of displacement of communities to make way for the
special economic zones and the differential gender impact of displacement. It is widely
proven that displacement tends to increase womens drudgery and time poverty. Given
womens predominant responsibility for domestic work, women are forced to locate
alternate resources, such as water, rewood, and livelihoods, as a result of displacement.
Further, womens needs and right to access land as individuals may be overlooked when
compensation packages are prepared for affected communities.
Services
Trade
Within the service sector, trade (retail trade and wholesale trade) is the largest
contributor to the economy. Over the past decade, trade accounted for about 20% of
the economy (Table 2.16). In 2012, it accounted for 19.4% of GDP, followed by transport
207
Footnote 206.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 65
and communications (13.3% of GDP). Trade is also important from the perspective of job
creation. Nearly 14% of female and 8% of male workers engaged in this sector (Table 2.9).
As in other Asian countries, a greater number of women and men are likely to engage in
informal trade.
A 2012 study on informal, small-scale cross-border trade in Myitkyina, the capital of Kachin
State, generated some interesting insights on the gendered division of labor in informal
trading on the Myanmarthe Peoples Republic of China (PRC) border. More women were
found trading in agricultural and consumer products while men were involved in the trade
of consumer goods, machinery, and construction materials.208 The concentration of women
in certain trading activities may be attributed to the low capital requiredalbeit with low
prot margins, such as agricultural commodities.
In that 2012 study report, Khin Hnin Phyu explained that women were dominant in
petty trade during the 3 decades of armed conict beginning in the early 1960s, when
their mobility was not restricted. With the construction and upgrading of the road from
Myitkyina to the border and trade zone of Laiza, more men entered the cross-border
trade, especially to trade in goods with higher prot margins, such as motorbikes. The
construction of a highway from Myitkyina in Myanmar to Ten Chong in the PRC in 2008
and the opening of a government customs office at the Kanpikete border gate in 2009
turned the extant MyitkyinaLaiza trade route into an informal and illegal channel for
trading. With several types of consumer goods prohibited or restricted by the Myanmar
government, the threat of arrest and conscation of goods increased exponentially for
the traders. Despite increased competition and state pressure, women traders continued
their business by making informal payments to nonstate actors and to Myanmar and PRC
authorities. This, of course, substantially increased their transport costs and reduced their
prot margins. Particularly, women traders with fewer than 6 years of experience in trade
reported a decline in their income. But no such decline in the income of male traders
occurred. Unlike their female counterparts, male traders had no restrictions on mobility
and hence could take higher risks, which included using bush routes to bring back goods to
Myanmar or travel in groups to avoid thieves.
Transport
Myanmars transport sector remains considerably underdeveloped for a country of its
size, population, and potential.209 Accelerated government investments in roads and other
modes of transport are under way, with support from international development partners
and the private sector. The government is preparing the National Transport Development
Plan and the Yangon Urban Transport Master Plan. The development and implementation
of these plans provide an opportunity for improving access to transport infrastructure and
services in both urban and rural areas.
208
Khin Hnin Phyu. 2012. Negotiating the Trade Route at the Border: A Case Study of Women Small-Scale Cross-Border
Traders in Myitkyina, Myanmar. In K. Kusakabe, ed. Gender, Roads, and Mobility in Asia. Bourton on Dunsmore, Rugby,
UK: Practical Action Publishing. pp. 121134.
209
KPMG. 2012. Infrastructure in Myanmar. Yangon. www.kpmg.com/MM/en/.../Documents/Infrastructure-in-Myanmar.pdf
66 Gender Equality and Womens Rights in Myanmar
Intensity of transport usage. The number of times a mode of transport is used on a daily basis
and also its regularity is the context in which the intensity of transport use is examined. Due to
the varied and complex nature of activities that women tend to be historically associated with,
the intensity of their accessing a transport facility is high.
Trip purpose. The objective of male travel is basically for economic activities, while for women
the purpose extends beyond the economic component to incorporate familial, community,
social, and maintenance tasks. Women in their traditionally dened capacity as small producers
are increasingly accessing roads and road transport to get their products to larger villages and
also small towns that fall in the periphery of the village.
Trip patterns. There exists a clear demarcation between the trip patterns made by men and
those made by women. Womens travel patterns are quite complex due to the varied nature of
their economic and extra-economic involvement and the roles they perform in society. Also,
women are more likely to travel in off-peak hours and less often in nondaylight hours.
Distance of travel. The distance factor is probably the most telling, especially when identifying
gender differences in accessing road infrastructure. Characteristically, women tend to cover
shorter distances while this aspect does not act as a constraint for men. Yet again, as in several
other instances, societal restrictions on women attempting to enter the public sphere and to
widen horizons constrict the distance they travel.
Frequency of travel. The number of trips women make are largely impacted by their varied
roles, not only at the economic but also at the household and community levels. It is impacted
by their participation in transport-related decision making.
Mode of transport. It is widely accepted that there is a gender differentiation related to the
mode of transport generally used. Due to the prevalent gender differentials at the household
level, the mode of transport that women can afford to access remains the least sophisticated.
The valuation of their time reects on the valuation of the opportunity cost of their labor; as a
consequence, they preferboth voluntarily and involuntarilyuse of the most basic means of
travel. This also restricts their mobility, both physical and societal.
Source: UN Women. 2012. Pradhan Mantri Gram Sadak Yojana (Prime Ministers Rural Road Connectivity):
Visibilising Gender in Rural Road Connectivity. New Delhi.
To date, government investments have focused on strengthening and developing major routes,
existing infrastructure improvements, and the long-distance transport of goods. Rural transport
remains poorly served. Research from 2013 found that investments in major routes and
corridors are more likely to benet men because they are more likely to be large-scale traders
and entrepreneurs. Given predominant gender norms, men are also more likely to engage in
economic activities and seek employment that requires travel to cities and towns along the
corridor, whereas women are more likely to work locally or in off-corridor locations.210
210
ADB. 2013. Gender Tool Kit: TransportMaximizing the Benets of Improved Mobility for All. Manila.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 67
In rural areas, women travel primarily on foot around the vicinity of their home,
communities, and agricultural land. They often manually carry heavy loads of water,
rewood, and agricultural produce on their shoulders, heads, or backs. 211 To improve rural
womens mobility, greater consideration needs to be given to investment in rural roads
and, in particular, footpaths, footbridges, neighborhood paths and roads, safe pedestrian
crossing areas, traffic lights, and general lighting on rural roads. Rural women also rely
more on nonmotorized transport and intermediate modes of transport such as bicycles
or animal-drawn carts. Once rural roads are upgraded or provided, the design needs to
consider provision of adequately wide road shoulders and sealed surfaces for all modes of
transport. Although women tend to use public transport more than men, public transport
services in rural areas are often infrequent and unreliable, requiring long waiting periods
or long walks to pick-up and drop-off points. Thus, in rural areas, roads alone are not
enough; there is need to also address transport services and links between motorized,
nonmotorized, and intermediates modes of transport.212
ADB
In urban areas, women are more likely to walk than men but are often reliant on public
transport to carry out their various household and productive responsibilities. Women
often combine several tasks in one journey or make frequent trips for shorter distances, for
example, taking children to school en route to their workplace or stopping at the market on
their way home. Men make fewer and direct trips, such as to or from their workplace during
peak hours.213 Hence, womens mobility in urban areas often depends on service reliability
and scheduling during off-peak hours, affordability, and physical and personal safety of public
transport. The costs of poor public transport are borne disproportionately by womenthey
often turn down employment opportunities farther away from home in favor of lower-paid
local opportunities when the public transport system is unreliable or unaffordable.214 Safety,
211
Footnote 210.
212
Footnote 210, p. 33.
213
Footnote 210, p. 1.
214
Footnote 210, p. 26.
68 Gender Equality and Womens Rights in Myanmar
security, appropriate physical design, and affordability are critical considerations in designing
gender-inclusive urban public transport services. For example, well-lit metro and bus stations,
women-only carriages, ticketing systems for multiple short trips, and lower off-peak fares
contribute to promoting greater utilization of public transport systems by women.
Road shoulders were designed with sealed surfaces to enable carts with wheels and thus to
reduce the burden on women and girls who haul water in rural areas. Targets for womens
employment were designed to ensure that rural women could access opportunities to earn
cash income from the project, and results as of 2010 indicated that these numerical targets
were achievable. To address the potential downside impacts, the project included an HIV
and human trafficking prevention program to be conducted during and after construction.
Vulnerability mapping, emergency management, and climate change adaptation activities
involved women in the planning and operation of the activities as well as planting and caring
for roadside trees.
Viet Nam: Ho Chi Minh City Urban Mass Rapid Transit Line 2 Investment Program
The ADB-funded program (20112017) was designed to promote safe and secure mobility
of women, provide women with better income-earning and employment opportunities, and
allow women to better manage their domestic and childcare responsibilities. The gender design
features include targets of 20% construction and 30% station jobs for women; dedicated
waiting spaces for women on platforms, shop spaces for female-owned businesses, women-
only carriages with additional child seating and storage space for baby carriages and shopping,
secure street lighting around stations, and easy access drop-off and pick-up points; ticketing
systems and train schedules to suit multiple trips and intermodal transport usage; marketing to
women as metro users; gender capacity development for project staff; and special attention to
households headed by females in livelihood restoration support after resettlement.
Source: ADB. 2011. Viet Nam: Ho Chi Minh City Urban Mass Rapid Transit Line 2 Investment Program. Manila.
and providing them with on-the-job training. In addition, links with technical and vocational
courses that supply skilled labor to the transport sector may be pursued as a strategy to
increase womens participation and status in the transport sector (see Box 7 for examples of
regional gender-sensitive transport projects).
The provision of new or improved transport infrastructure and services can benet and
empower women to access employment, markets, education, and health services if due
consideration is given to their needs and preferences in infrastructure design and if their
capacity to utilize the services is supported. Reducing womens transport time burden can
increase their time for productive and income-generating activities as well as allow more
time for rest, leisure, and social interaction.215 Thus, consideration of womens specic
needs and concerns in access to and use of transport in rural and urban areas can maximize
benets and reduce potential risks to women.
215
Footnote 210, p. 5.
216
Ministry of Hotels and Tourism. 2012. Myanmar Tourism Statistics 2012. www.myanmartourism.org/tourismstatistics.htm
217
Ministry of Hotels and Tourism. 2013. Myanmar Tourism Master Plan, 20132020, Final Draft Report 2013. Nay Pyi Taw.
70 Gender Equality and Womens Rights in Myanmar
The government has prioritized tourism development in its Framework for Economic and
Social Reforms and in 2012 adopted the Myanmar Responsible Tourism Policy. In 2013, the
Myanmar Tourism Master Plan was prepared. The goal of the master plan is to maximize
tourisms contribution to national employment and income generation and ensure that the
social and economic benets of tourism are equitably distributed. Gender equality is among
the seven crosscutting themes. It emphasizes that all tourism policies and development
planning will include gender analysis, and men and women will have equal access to
economic opportunities, skills training, employment, resources, and decision making.
According to the 2011 Thailand Migration Report,222 the number of registered migrant
workers from Myanmar working in Thailand as of December 2009 was nearly 1.1 million, of
which 45% were women. The largest numbers of migrants were employed in agriculture,
construction, the seafood processing industry, and households (domestic work) (Table
2.17). These four sectors accounted for 59% of women migrant workers.
218
Meeting with Ministry of Labour, Employment and Social Security staff on 14 January 2013.
219
Brunei Darussalam, Cambodia, France, Germany, Japan, the Republic of Korea, Kuwait, Libya, Malaysia, Singapore,
Switzerland, Thailand, the United Arab Emirates, the United States, and Qatar according to the Ministry of Labour,
Employment and Social Security, as of 14 January 2013.
220
This number would be much larger if undocumented migrants were includedperhaps as many as 24 million. See
The Economist, 2013. Too Many Chits for Kyat. 30 May. www.economist.com/blogs/banyan/2013/05/myanmars-
remittances
221
Data from the Ministry of Labour, Employment and Social Security.
222
J.W. Huguet and A. Chamratrithirong, eds. Thailand Migration Report 2011. Bangkok: International Organization for
Migration. www.migrationcenter.mahidol.ac.th/download/TMR-2011.pdf
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 71
Source: Office of Foreign Workers Administration, Department of Employment, Ministry of Labour. Statistics on
Foreigners Obtaining Work Permits during 2009 (Bangkok, Ministry of Labour, 2010).
72 Gender Equality and Womens Rights in Myanmar
Unpaid reproductive care roles continue to be womens burden even if they are migrant
workers. A study of Myanmar migrant women workers in Thailands border export industries
highlights their struggles in balancing work and childcare. The research conducted around
the town of Mae Sot in Tak Province, Three Pagoda Pass in the Sangklaburi District of
Kanchanaburi Province, and the Phra Pradaeng District of Samut Prakan Province near Bangkok
between 2007 and 2011 found a great deal of variation in the ways in which Myanmar migrant
mothers in Thailand organize their childcare among the three research locations. In Three
Pagoda Pass, workers are able to commute daily from the other side of the border. Women
typically bring their family members from other parts of Myanmar to live near the border to
take care of children. As the workplace regulations are more relaxed in Three Pagoda Pass,
some women workers often bring their babies and children to their workplace. In Mae Sot,
women raise children by themselves in Thailand and then send their children to Myanmar or
invite parents to come to Thailand. Nearly 9% of the respondents in the study said they hire a
paid caretaker to raise their children in Thailand. It is relatively easier to mobilize resources for
childcare in border towns in both Thailand and Myanmar.
A location near Bangkok is the only option for mothers to look after children themselves (after
quitting the factory jobs) or to employ a paid care worker. Both options are costly; in the end,
the majority of working mothers send their children back to Myanmar to be cared for by family
members there. The study also pointed out that a number of women marry migrant Myanmar
men in Thailand, but it is too costly to go home for a formal marriage ceremony. Being away
from their home, social pressure for formal marriage and parenthood is weak. Many migrant
men working in the construction and agriculture sectors move frequently between locations.
The insecurity of their position in Thailand can often lead to particular stresses and difficulty
in maintaining stable relationships. A number of women surveyed in the study ended up single
after the birth of a child, if not before.
Source: R. Pearson and K. Kusakabe. 2012. Who Cares? Gender, Reproduction, and Care Chains of
Burmese Migrant Workers in Thailand. Feminist Economics. 18 (2). pp. 14175.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 73
Remittances
Although remittances as a share of GDP are much smaller compared with other countries,
they increased from $0.15 per capita (in current dollars) in 1990 to $2.77 in 2010, with
an average annual growth rate of 3%.224 Even though migrants from Myanmar working in
Thailand are mostly engaged in low-paying jobs, the signicance of the remittance ow
from Thailand is apparent. In 2012, $55.6 million was remitted from Thailand to Myanmar,
followed by $48.6 million from the United States, where mostly skilled Myanmar workers
work.225
A 2012 survey by Pearson and Kusakabe found that migrant Myanmar women in Thailand
remitted almost as much as their male counterparts, despite lower wages. Even after the global
economic crisis, which hit the employment and earnings of migrant workers in Thailand, nearly
30% of women surveyed reported that they remitted to their family more in 2010 than in 2007.
Only 36% of women said that they had reduced their remittances, compared with 47% of men.
At least half of Myanmar female migrant workers rely on family to care for their children. Thus,
a large portion of the remittances from migrant women are used both for their familys care work
for their children as well as support to parents and other relatives at home.226
Internal migration
The latest census survey found that 53% of all persons who moved from their previous
place of usual residence within Myanmar were female. The main reason for movement
for both sexes was following family and employment/seeking employment. Females
were more likely to follow family (49%) than males (32%) and males migrated more for
employment (47%) than females (23%).
According to a 2013 study, there has been an increase in both the share of urbanurban and
ruralrural migration streams as well as in the proportion of women migrants. The studys
analysis by sex, educational attainment, occupation, and family status found that men
migrated to work for better jobs while women migrated to work in the agriculture sector,
join their family, or for marriage. However, women were increasingly migrating on their own
or as heads of households. The 2013 study also indicated that education level of migrants,
especially women, had increased over time.227
223
See 3/27/DLA (Work-3) 2012 (001), issued on 1 January 2012; and 3/27/DLA(Work-3) 2011 (12124), issued on 28 December
2011. Cited in A. Hall. 2013. Migration and Myanmar: Exploratory Research on Recruitment Channels. Bangkok. February.
224
United Nations Conference on Trade and Development (UNCTAD). 2012. The Least Developed Countries Report 2012:
Harnessing Remittances and Diaspora Knowledge to Build Productive Capacities. Geneva. p. 51. http://unctad.org/en/
PublicationsLibrary/ldc2012_en.pdf
225
Footnote 224, p. 56.
226
R. Pearson and K. Kusakabe. 2012.Burmese Migrant Women Factory Workers. Thailands Hidden Workforce, Asian
Arguments. LondonandNew York: Zed Books.
227
Nyi Nyi. 2013. Levels, Trends and Patterns of Internal Migration in Myanmar. Nay Pyi Taw: Ministry of Immigration and
Population and United Nations Population Fund.
74 Gender Equality and Womens Rights in Myanmar
Some analysts argue that the absorption capacity remains too limited in the urban industrial
base to encourage signicant migration;228 and a considerable proportion of current internal
migration involves movements between rural locations, which are often seasonal in nature.
The central Dry Zone is considered to be a primary source area for internal migrants, while
southeastern Myanmar is a major destination, specically into rural-based industries, such as
rubber plantations, mining, shing, brick-making, and agriculture. Other analysts suggest that
migration of women and girls is increasing in response to demand for labor in factories (such
as ready-made garment factories) as well as due to push factors associated with declining
standards of living in rural areas.229 The lack of reliable data makes it impossible to estimate the
migration ows, but when national census and more recent Labor Force Survey data become
available, a better understanding of the dynamics of all forms of migration will be possible.
228
I. Okomoto. 2009. Issues Affecting Movement of Rural Labour in Myanmar: Rakhine Case Study. IDE Discussion
Papers #206. Yangon.
229
Chaw Chaw. 2003. Rural Women Migrating to Urban Garment Factories in Myanmar. In M. Kaosaard and J. Dore, eds. Social
Challenges for the Mekong Region. Chiang Mai, Thailand: Social Research Institute, Chiang Mai University. pp. 203224.
230
Union of Myanmar Federation of Chambers of Commerce and Industry. 2012. The Role of Republic of the Union of
Myanmar Federation of Chambers of Commerce and Industry in Myanmar Business. Brochure. For members, see
www.umfcci.com.mm/wp-content/uploads/2013/09/April-2015.pdf
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 75
2.3
Enablers and Obstacles to Womens
Full and Equal Participation with Men
in the Economy
Despite their increasing labor force participation rates and the growing rates of nonfarm
employment, women in Myanmar continue to face a slew of related challenges to full and
equal participation in the economy. This section explores the enablers and obstacles to
womens full and equal participation with men in the economy. It also draws on good practices
from Myanmar and other contexts that can be customized in Myanmar or scaled up.
Policy and legislation are important reference points to ensure equal opportunities for womens
full and equal participation with men in the economy and to codify rights and entitlements.
In Myanmar, according to the CEDAW Committee, although the Constitution guarantees
nondiscrimination in government employment, Article 352 seems to be in contravention of
this larger principle.231 It states: The Union shall, upon specied qualications being fullled,
in appointing or assigning duties to civil service personnel, not discriminate for or against
any citizen of the Republic of the Union of Myanmar, based on race, birth, religion, and sex.
However, nothing in this Section shall prevent appointment of men to the positions that are
suitable for men only. The Union Civil Service Board continues to designate certain positions
as suitable only for men and can block applications from women. The boardconsisting of
ve male membersis responsible for recruitment at the lowest level of gazetted civil service
officers and their training. Despite the constitutional guarantees of nondiscrimination in
government employment, vacancies are still listed as male-only positions.232
UNFPA
231
Footnote 88, p. 3.
232
Footnote 14, p. 36.
76 Gender Equality and Womens Rights in Myanmar
The Farmland and the Vacant, Fallow and Virgin Lands Management Act adopted in March
2012 to stimulate land reform is one piece of legislation needing attention. It requires
further adjustments to fully protect the land rights of smallholders and poor farmers.
Land reform experts note that there is no specic recognition of different and traditional
forms of land use in the new land law, such as communal tenure practices of some ethnic
communities that still operate under customary law in upland and forested areas. Nor do
the laws explicitly state the equal right of women to register and inherit land or be granted
land-use rights for vacant, fallow, and virgin land for themselves.233
Sex-disaggregated data and gender statistics and research on women in the economy
help recognize womens important economic contributions and gender decits and help
formulate and implement gender-responsive interventions to address those gaps. Yet,
there was no national census between 1982 and 2014; and there has been no labor force
participation survey since 1993, although one is forthcoming. Government data is seldom
disaggregated by sex, and where such disaggregation exists, it is recent, making analysis of
trends difficult if not impossible. Also, there are variations between data published by the
government and data collected from large sample surveys (such as the Multiple Indicator
Cluster Survey and the Integrated Household Living Conditions Survey).
There needs to be more explicit recognition in data and policy discussions of womens
important contribution to the economy as owners of businesses, entrepreneurs, managers,
creditors, farmers, and workers that goes beyond such current references as farmers and
womenas if they are two separate categories.
Institutional mandates, standard operating procedures, and cultures that are gender
responsive facilitate womens full and equal participation in the economy. While womens
limited presence in certain markets may create barriers to knowledge, the design and
functioning of institutions may be (intentionally or unintentionally) biased against women
in ways that perpetuate existing inequalities.234
233
Food Security Working Groups Land Core Group. 2012. Legal Review of Recently Enacted Farmland Law and Vacant,
Fallow and Virgin Lands Management Law: Improving the Legal and Policy Frameworks Relating to Land Management in
Myanmar. Yangon.
234
See www.empowerwomen.org/~/documents/2013/08/30/21/52/world-development-report-2012-gender-equality-
and-development#sthash.L2ng9abD.dpuf
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 77
In Myanmar as in many other countries, men are generally regarded as heads of households,
breadwinners, leaders, public gures, innovators, and producers, while women are seen as
wives, mothers, and religious celibates. If they transgress any of these ideal-type roles that
society deems appropriate for women, they may be dubbed troublesome or wayward.
Men are seen as strong, courageous, productive, rational, and intelligent, while women are
seen as weak, docile, ckle, irrational, less productive, impure during menstruation, nimble,
and meticulous.
Neoliberal economic theory denes work as activity that produces something tangible
or renders a service and earns an income that is accounted for in the GDP of a country.
Care work performed by a wife or family member is seen as a labor of love. It is unpaid,
unaccounted for in GDP, and not seen as work.
These gender role and trait stereotypes and gender biases in economic theory have the
following adverse impacts on women along a continuum:
They prevent women from employment in paid work. This is especially acute in certain
sex-segregated communities in Myanmar and restrict womens mobility, interactions
with certain categories of men, and their engagement in paid work in the public sphere.
They limit the position of women. When women are engaged in paid employment,
they are more likely to be hired for part-time work or in sectors, occupations, and tasks
deemed appropriate for women. These include the service sector in occupations like
teaching or nursing that reinforce the nurturing role deemed intrinsic to women or in
small tradeall mostly at the lower end of the job hierarchy. In Myanmar, for example,
women dominate the education sector as school teachers or university professors but
rarely are the rectors of educational institutions because men are seen as natural leaders
even in the so-called women-specic sector. Men who are valorized for bravery have
leadership and combatant roles in the army, whereas women are part of the medical
corps or have administrative roles. Plowing and sowing are male-dominated agricultural
tasks in most developing countries, including Myanmarperceived as needing strength
with bullocks and buffaloes.
They devalue or undervalue womens work, especially within the household as a labor
of love and not as work that contributes to the household, community, and economy.
Women carry to their paid jobs in women-specic sectors the low value of their unpaid
care work.
They distort data collection and reporting on women in the economy. Data collectors
and interviewees tend to internalize gender role and trait stereotypes. Who asks the
question, to whom, and in what manner and setting determines the response. For
instance, if a male interviewer thinks that the male head of householda mancan
respond on behalf of the women in his family and is asked the question, How many
individuals in your family work?, he is likely to leave out the women because they
are not seen as workers, even if they do work. This scenario thus distorts the data on
womens labor force participation.
78 Gender Equality and Womens Rights in Myanmar
ADB
They marginalize womens access to productive assets and benets such as land, credit,
technology, equipment, education, training, and extension services because they are not
seen as farmers.
Ownership, control, and access to productive assets and benets help increase
productivity. As discussed previously, the Food and Agriculture Organization of the United
Nations maintains that equalizing mens and womens access to productive resources could
increase agricultural output in developing countries by 2.5%4.0%. However, women in
Myanmar, as in many other contexts, continue to be marginalized from access to productive
assets such as land and other forms of capital, which then diminishes their productivity.
Marginalization from landownership and use has the ripple effect of marginalization from
other resources because land is a principal form of collateral, and lack of landownership or
certied use rights also reinforces the stereotype that women are not farmers.
Even if women are heads of households and hold use rights to land, it is nominal; and the
income tends to be appropriated by males in the home. Alternately, husbands or other male
relatives are often known to take control of womens earnings from nonfarm work.
235
This process is being supported by the Singapore Polytechnic Institute.
236
Competency Standards include job description, skills required, level of skill required, conditions relating to work
activity, performance criteria, and evidence of competency.
80 Gender Equality and Womens Rights in Myanmar
2.4
Conclusions and Recommendations
Although progress has been made in recent years, continued efforts are needed to
strengthen the policy and institutional framework to accelerate gender equality and
to support womens economic empowerment in Myanmar. Special attention must be
accorded to generating decent work for women, especially the most vulnerable workers
who are typically those employed in the informal sector, including home-based workers,
domestic workers, and migrant workers. The following measures are suggested to ensure
womens equal participation with men in the economy.
Evaluate and address the gender impact of macroeconomic and macro sectoral policies
and plans.
Generate and use sex-disaggregated data and gender statistics on womens economic
empowerment through data collection instruments such as household and living
standards surveys, labor force surveys, and time-use surveys.
Reduce the burden of unpaid work through investment in infrastructure and public
goods and services; provision of woman-friendly, time-saving domestic appliances; and
by raising awareness on shared domestic responsibility between men and women in the
household.
Remove the barriers to womens participation in the labor market, strengthen
institutions, and enact the reforms needed to secure decent working conditions.
Address womens special requirements for entrepreneurship development.
Create incentives for informal enterprises to formalize, including through simplied
registration procedures, progressive registration fees, and legal recognition of property
rights.
Strengthen womens capacities for economic leadership and ensure womens economic
leadership in relevant government ministries at all levels, trade negotiations and trade
agreements, in the private sector, and in workers and employers organizations.
Ensure the participation of women in the formulation, implementation, monitoring, and
evaluation of economic policies and programs.
Undertake research on the gender dimensions of poverty; gender equality and womens
rights in crop and livestock production, forestry, and shing as well as nonfarm sources
of livelihood; intrahousehold dynamics, such as the division of labor and contribution to
and control over income, bearing in mind the value of womens unpaid work.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 81
Shobhna Decloitre/UNDP
Review land laws and laws related to livestock development, sheries, forestry, and
agribusinesses from a gender perspective to strengthen legal protections for women.
Undertake research on womens nancial inclusion and ensure that this informs banking
sector reforms to guarantee womens access to nancial services, including micro and
small-scale entrepreneurs. Some examples include nancial services in rural settings;
mobile banking windows; medium- to long-term loans; innovative forms of collateral
that include equipment, cash ow, sales records, and group savings or borrowing; and
bridge products to facilitate the transition of micronance borrowers to formal bank
borrowers.
Provide a range of business development services (such as nancial literacy training;
training on business planning, development, and management; accounting, market
assessment and access; product development; and introduction to technologies) and
customized nancial products (such as offering services in rural settings or through
mobile banking windows).
Undertake research from a gender perspective of womens roles and status as owners,
entrepreneurs, managers, and workers in industry and manufacturing, but especially in
extractive industries, the energy sector (different energy needs of women and men in
relation to household and productive activities), public works and construction, water
and sanitation projects, and the garment sector. Ensure that such analysis informs
policy and programming. For example, in the energy sector, promote the development
of appropriate low-cost energy technologies to increase womens access to and use of
energy services; create options for grid extension to widen energy access to low-income
communities, especially in rural areas; provide free or affordable credit for up-front
82 Gender Equality and Womens Rights in Myanmar
household connection costs and set tariff levels to reect poor womens income
levels; and put in place innovative payment schemes, such as lifeline tariffs, loans,
revolving funds, and staggered payment schemes. Water and sanitation infrastructure
improvements must take into account the burden on womens time. Costbenet
analyses must go beyond health benets to capture the potential positive impacts on
womens time.
Ensure that laws governing industry and manufacturing, labor practices, and minimum
wages and other social protection legislation governing employment take womens
situations into account and protect their rights.
Promote womens participation in the formation, implementation, monitoring, and
evaluation of policies, plans, and programs in industry and manufacturing, especially
in nonconventional sectors. Experiences from several countries demonstrate that
the direct involvement of users in policy planning, implementation, and monitoring
optimizes capital investment.
Include targets for womens employment in nonconventional sectors such as mining and
extractive industries, the energy sector, public works, and construction.
Promote the skills development of women so that they can access better employment
opportunities at different levels and in different sectors, including in nontraditional
elds such as installation of renewable energy systems, technicians, operators, and
meter readers.
Monitor the labor and safety conditions for workers to avoid sweatshop conditions in
manufacturing, including in the garment sector.
Ensure representation of women in community monitoring bodies, user groups, workers
and employers associations, and in industry and manufacturing, including in decision-
making and leadership positions.
Conduct gender analysis of different domains of the service sector, including trade,
transport, tourism, and hospitality, and ensure that this analysis informs policies, plans,
and programming. For example in the transport sector, incorporate physical designs that
meet womens needs, such as access routes, feeder roads to highways, and rural and
provincial roads, focusing on pedestrians and two-wheelers; speed bumps in populated
areas, walking lanes, and crossings; and establish public transport schedules and pricing
systems that respond to the needs of women users, including affordable off-peak and
multiple trip ticketing.
Ensure that laws governing various domains of the service sector, including labor laws,
minimum wage laws, and other social protection legislation governing employment, take
womens situations into account and protect their rights.
Include targets for womens employment in the various domains of the service sector,
including trade and transport (such as the percentage of women to be employed in civil
works, toll collection staff, station attendees, ticket collectors, inspectors, etc.).
Ensure the involvement of women from local communities in resettlement and
other impact assessments to ensure that their specic needs are incorporated into
compensation packages and other social safeguards.
Gender Equality and Womens Rights to Poverty Reduction, a Livelihood, and Full and Equal Participation in the Economy 83
Promote the skills development of women so that they can access better employment
opportunities at different levels and in different domains of the service sector, especially
in nontraditional elds such as higher-end trade and transport.
Ensure representation of women in workers and employers associations, including in
decision-making positions, and in leadership positions in the service sector.
Undertake a gender analysis of the social security law and current social protection
programs, regardless of whether they govern employment, and ensure that the ndings
inform revision of policies and programs.
Monitor outcomes of implementation of the new social security law to ensure that rights
and benets are available to all women covered.
Raise awareness among employers and women employees of the new legislation.
Make the migration journey safer and prevent the trafficking of women
and girls
Consider ratifying the International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families, 1990.
Undertake research on the gender dimensions of international and internal migration for
work to understand the gender differentials in trends, causes, and the predeparture, in
transit, on-site and return and/or repatriation experiences of men and women migrant
workers, and ensure that the analysis informs policies, plans, and programs that will
strengthen women migrants rights.
Ensure that amendments to the 1999 Overseas Employment Act and other migration-
related laws incorporate a gender equality and womens rights perspective, including
eliminating bans and restrictions on womens out-migration and protecting womens
rights at all stages of the migration journey.
Put in place (i) programs that disseminate information and raise community awareness
on the risks of migration and trafficking, how to migrate safely and legally, and
information on job opportunities within the country and overseas; (ii) predeparture
training programs that are focused on protecting workers rights at all stages of the
migration journey, including orientation for savings mobilization; (iii) skills training
programs that match labor market demand; (iv) initiatives for efficient remittance
transfer; and (v) comprehensive reintegration programs for returning women migrants,
especially abused and trafficked migrant women survivors. These should include trauma
counseling, legal aid to claim unpaid wages or press charges, investment of remittances,
skills training, information provision or capacity building on nancial services, job search
assistance, and mentoring and facilitation for business development.
Advocate for and ensure that the development and implementation of memorandums
of understanding and bilateral agreements between Myanmar and countries of
employment protect the rights of women migrant workers.
84 Gender Equality and Womens Rights in Myanmar
The Union shall: (a) earnestly strive to improve education and health of the
people; (b) enact the necessary law to enable National people to participate in
matters of their education and health; (c) implement free, compulsory primary
education; (d) implement a modern education system that will promote all-
around correct thinking and a good moral character contributing towards the
building of the Nation.
3.1
Signicance of Womens and Girls
Equal Access to Quality Education
The education of girls and women contributes signicantly to womens empowerment and
to reaching their full potential in life. Although high-quality education benets individual
women, it also has an effect on all family members and through generations.
That education of women and girls is critical to achieving development objectives is borne
out globally. Data suggest that if all students in low-income countries were to acquire
basic reading skills, 171 million people12% of the worlds poorestcould be lifted out of
poverty.237 One additional year of schooling can increase a womans earnings by 10%20%.
Educated women are more likely to attain decent work conditions, delay childbearing,
resist violence, and participate in political processes.238 There are also direct links between
womens education and healthnot only in the sense of well-being but outright survival
for both women and their children.239 Women with postprimary education are ve times
more likely than illiterate women to be educated on HIV prevention. In Sub-Saharan Africa,
if mothers had at least some secondary education, they could save an estimated 1.8 million
childrens lives (based on 2008 data). Between 1970 and 2009, increased education among
women of reproductive age was responsible for preventing an estimated 4 million deaths of
children younger than 5 years globally.240
The analysis in Myanmar yields similar conclusions. The Integrated Household Living
Conditions (IHLC) Survey and Multiple Indicator Cluster Survey (MICS) ndings and other
sources demonstrate that variations in health and poverty indicators are related to the
education level of mothers. For example, the more years of education of the mother, the
better the health indicators of a child; the same applies to reproductive health indicators.
Likewise, analysis indicates that the education levels of both the mother and father
inuence the continued education of their children generally, but with gendered nuances.
For example, analysis of the 20092010 IHLC data as part of Myanmars Comprehensive
237
United Nations Educational, Scientic and Cultural Organization (UNESCO). 2011. Education for All Global Monitoring
Report 2011. Geneva. www.efareport.unesco.org. See also: www.unesco.org/leadmin/MULTIMEDIA/HQ/ED/GMR/
pdf/gmr2010/MDG2010_Facts_and_Figures_EN.pdf
238
Footnote 237
239
Footnote 237.
240
E. Gakidou et al. 2010. Increased Education Attainment and Its Effects on Child Mortality in 175 Countries Between
1970 and 2009: A Systematic Analysis. The Lancet. 376. pp. 959974. http://globalhealthcenter.umn.edu/documents/
educationalattainment-lancet2010.pdf
88 Gender Equality and Womens Rights in Myanmar
Education Sector Review (CESR)241 suggests that a mothers and fathers education have
a similar (positive) impact on the likelihood that a 10- to 15-year-old boy has completed
primary schooling, while a mothers education has a much larger effect on primary school
completion among girls in the same age range.242 Hence, education resonates down
generations.
UNFPA
Recent attention has been focused on achieving goals associated with increasing access
to educationfor both girls and boys. It is important to understand that not only should
girls and boys enroll in school at all levels but that the level of education achieved enables
each student to reach their full potential, both personally and within the labor market.
Many experts have argued that the single most important factor to improve womens
empowerment is educationbut that education must be relevant to their lives and must be
application- and job-oriented.
Limitations on achieving full education for women and men further place constraints on
inclusive growth for the whole country. In a 2008 United Nations (UN) report on Asian
and Pacic countries, analysts estimated that the region was losing between $42 billion
and $46billion each year because of restricted job opportunities for women.243 A major
contributing factor to restricting job opportunities is limited education. In 2012, the UN
Secretary-General established the Global Education First Initiative, which recognizes the
241
The CESR is led by the Ministry of Education, coordinating inputs from multiple government and development
partner agencies. CESR phase 1 (rapid assessment) has been completed and in-depth analysis (phase 2) is now
underway. Australian Aid and UNICEF, as coleads of the sector, support the ministrys overall coordination for
harmonized development partner assistance to the education sector.
242
This echoes similar ndings found in many countries.
243
R. Hausmann, L. Tyson, and S. Zahidi. 2008. The Global Gender Gap Report 2008. Geneva: World Economic Forum.
p. 22. Cited at www.ey.com/GL/en/Industries/Government---Public-Sector/Women-in-the-workplace---Unleashing-
the-power-of-women-entrepreneurs
Gender Equality and Womens Right to an Education 89
Education is a major driving force for human development. It opens doors to the
job market, combats inequality, improves maternal health, reduces child mortality,
fosters solidarity, and promotes environmental stewardship. Education empowers
people with the knowledge, skills and values they need to build a better world.244
International evidence shows that investment in the early years of childrens development
brings the highest rates of return of any investment within the education cycle. Nobel
Laureate J. Heckman noted that early interventions targeted at disadvantaged children
have much higher returns than later investments, adding that inequality in early childhood
experiences and learning produces inequality in ability, achievement, health, and adult
success.245 Early childhood, which covers the rst 8 years of life, is a critical period for
childrens cognitive, social, emotional, and physical development, with lifelong impacts on
health and social outcomes, making it the foundation for human capital.246 Investing in
quality early childhood care and development (ECCD) programs levels the playing eld
for girls by giving them the best possible start in life, and improving their school readiness
and learning success in primary school, thus making it a critical policy to promote gender
equality as well as a smart economic choice.
Given the importance of education for women and girls to improve the poverty indicators
and the limitations on economic growth when education achievements do not match
the needs of the labor market, this chapter raises the following questions as relevant to
Myanmars reform agenda:
1) How has Myanmar met its gender equality and womens rights commitments
to including women and girls and their priorities (especially the most excluded)
equally with men and boys in formal and nonformal education?
2) What are the constraints to ensuring gender equality and womens rights at
all levels of education, most especially in the context of Myanmars social and
economic reforms and new career opportunities?
3) What enables women and men in decision-making positions to deliver on a
gender-responsive policy agenda to ensure womens and girls equal rights as men
and boys in all levels of quality formal and nonformal education and training?
244
The Global Education First Initiative of the UN Secretary-General harnesses support from partners around the world
that are making commitments to achieve the targets. For the launch of the initiative, dozens of companies and private
foundations made pledges, mobilizing more than $1.5 billion to ensure that all children and youth have a quality,
relevant, and transformative education. See www.globaleducationrst.org/commitments.html#sthash.ckC96Kwi.dpuf
245
J.J. Heckman. 2006. Skill Formation and the Economics of Investing in Disadvantaged Children. Science. 312 (5782).
pp.19001902.
246
See www.unicef.org/lac/Inequities_in_Early_Childhood_Development_LoRes_PDF_EN_02082012(1).pdf
90 Gender Equality and Womens Rights in Myanmar
3.2
Trends in Gender Equality and the
Right to an Education in Myanmar
Trends in womens and girls access to quality formal and nonformal
education and training
The governments 2012 Framework for Economic and Social Reforms document noted
the generally poor system of education in Myanmar, especially when compared with
neighboring countries. In recent decades, the document pointed out, there has been
limited investment in the sector, with the ratio of government expenditure on education
to overall GDP amongst the lowest in the world.247 Despite recent signicant increases in
public expenditure on education, the government recognizes it must continue to increase
investment as a proportion of the total government budget to achieve this vital foundation
to inclusive growth and effect reforms in the governance of the education system that
encourage greater engagement by parents in the education of their family. It is not only a
question of more resources, it is also essential to track outcomes to show that increased
funding is resulting in increased learning.
According to the 2011 Millennium Development Goals (MDGs) report from the UN
Country Team in Myanmar, achievements toward basic education targets between 2000
and 2010 included (i) near universal enrollment in primary school; (ii) gender parity in
enrollment in primary and secondary schools, with a higher percentage of female students
in tertiary education; and (iii) expansion of the availability of secondary education.
In the analysis of progress on the MDGs, the UN Country Team report noted that a
comprehensive and fully disaggregated set of data on education is not available.248 In view
of data gaps and fragmentation, Myanmars launch of the CESR in October 2012 marked
a fundamental step forward.249 The education-related analysis for this gender situation
assessment incorporated selected ndings from the CESR phase 1 (rapid assessment),
together with data from government sources (Education Management Information System
or EMIS), IHLC Survey, MICS, and MDG reports, pending nalization and release of more
in-depth analysis being conducted under CESR phase 2.
247
Framework for Economic and Social Reforms draft (English), 2012, p. 28.
248
United Nations Country Team. 2011. Achieving the Millennium Development Goals in Myanmar Thematic Analysis.
Yangon. p. 19.
249
Led by the Ministry of Education and involving several ministries, with support from an array of development partners,
the CESR marks the rst rigorous assessment of the entire sector in 2 decades. Following a rapid assessment in phase
1, an ongoing in-depth assessment under CESR phase 2 includes equity-sensitive analysis of the current education
situation, challenges, and priorities for policies, reforms, and sector investments. Based on this strengthened evidence
base, CESR phase 3 (expected to be completed in mid-2015) will support the governments formulation of a costed
national education sector plan to guide sequenced and priority investments throughout the sector by the government
and development partners.
Gender Equality and Womens Right to an Education 91
Access
The policy framework has been strengthened with the launch of the Myanmar Policy
for Early Childhood Care and Development by the Ministry of Social Welfare, Relief and
Resettlement in 2014, which sets out the vision and 10 policy strategies for improving
access, quality, and governance of ECCD. The introduction of a kindergarten year at age
5, to begin in 2016, as part of the basic education restructuring also reects government
commitment to investment in childrens early years.
Access to ECCD services in Myanmar is very low, compared with neighboring countries,
with only 22% of children aged 34 years reached in 2012, compared with 57% in the
Association of Southeast Asian Nations (ASEAN) region. Fewer girls than boys were
enrolled in an ECCD program, with major disparities in urban areas and rural border and
remote areas. Disparities between regions and states were particularly apparent, with Kayah
State achieving the highest rate (60.7%) and Rakhine State having the lowest (5.4%).250
Few of the children identied with disabilities were accessing ECCD services.251
An important achievement at the primary school level in recent years has been reaching
gender parity in enrollment, as reected in girls representation in different levels of
schooling (Table 3.1). The CESR provides additional disaggregated analysis on some
other key aspects of education, but data remain particularly limited regarding student
achievement and the quality of education.
As shown in Table 3.2, the CESR analysis of the 20092010 IHLC Survey data provided
sex- and age-disaggregated glimpses of net enrollment rates. For different age ranges and
levels of schooling, the table includes net enrollment rates as well as the share of children
in that age range that are out of school (reported as not enrolled in any formal education),
disaggregated by sex and by urban and rural areas in the IHLC Survey data. The table
250
Ministry of National Planning and Economic Development and UNICEF. 2012. Situation Analysis of Women and
Children in Myanmar. Yangon. p. 186.
251
Ministry of Social Welfare, Relief and Resettlement. 2014. Myanmar Policy for Early Childhood Care and Development.
Nay Pyi Taw. p. 29.
92 Gender Equality and Womens Rights in Myanmar
demonstrates gender parity for the net enrollment rate for primary education, at 88% for
boys and 88% for girls, and for secondary education, at 52% for boys and 53% for girls.252
Access for girls has improved over time and is expected to narrow gaps in adult literacy over
time. According to the 20092010 IHLC Survey estimates, basic adult literacy rates were
96% for males and 89% for females.
Despite the gender parity in primary school enrollment, low net enrollment rates253 in
secondary education have important implications for both girls and boys. As illustrated
in Table 3.2, the analysis of the IHLC Survey data suggest that the net enrollment rate for
middle school in 2009 2010 (such as the share of 10- to 13-year-olds enrolled in grades
69) was roughly 51%, but dropped to below 26% for high school (such as the share of 14-
to 15-year-olds enrolled in grades 1011). Failure to enter or dropping out from secondary
education left large numbers of children out of school. For example, 42% of boys and 44%
of girls aged 1415 years were out of school in 20092010, despite more girls entering and
completing high school (Table 3.2).254 In urban areas, slightly more boys aged 1415 years
were out of school, at 20% compared with 18% of urban girls.
252
The net enrollment rate is the extent of coverage in a given level of education of children and youths belonging to the
official age group corresponding to the given level of education. The gross enrollment rate includes total enrollment in
a specic level of education, regardless of age, and hence includes those repeating the year.
253
CESR, ADB, and Australian Aid. 2013. CESR Phase 1 Technical Appendix on the Secondary Education Subsector. Yangon.
254
Ministry of National Planning and Economic Development, Ministry of Health, and UNICEF. 2012. Situation Analysis
of Children in Myanmar. Yangon. pp. 8283.
Gender Equality and Womens Right to an Education 93
Even though the gures in Table 3.2 should be treated as approximate, they suggest (as
would be expected) that urban children are much more likely to be in school and on track
(in the expected level of education for their age). The gaps appear to grow at the secondary
level (middle and high school) when compared with the primary level. Despite the gender
parity on aggregate, the data point to interactions between sex, geographical location,
and other dimensions. This mirrors the ndings in the 20092010 MICS, which suggest
that while roughly 82% of both boys or girls aged 1015 years in Yangon were in school
(including those still in primary school), more than half this age group in Rakhine State
were out of school, including 57% of girls and 49% of boys (an 8 percentage point gap).
In some other regions and states, the share of 10- to 15-year-old boys out of school was
considerably larger than for girls.255 Additionally, the IHLC Survey data indicate that girls in
urban areas appear to fare slightly better than boys in middle and high school, using either
measure (net enrollment rate or share of the out-of-school population). The picture was
more mixed in rural areas: net enrollment rates were slightly higher for girls, but the share of
girls out of school was also slightly larger than for boys. This is not contradictory but implies
that, conditional on still being in school, girls are less likely to lag in their grade progression.
MICS data suggest a similar phenomenon.256
Dropout rate and educational attainment for primary and secondary education
Enrollment rates provide only a limited part of the picture. The CESR analysis utilized a
variety of data, including from the EMIS and IHLC Survey, to address completion rates
at different levels as well as the timing and reasons for childrens exit from the education
system. Both the EMIS and IHLC data suggest modest improvements in completion rates
in recent years but also indicate that as many as one in ve primary completers does not
appear to enter middle school and that there are sizable dropout rates within secondary
school grades.
The analysis of IHLC Survey data also suggests that (i) more than 96% of children in
recent cohorts have completed at least grade 1; (ii) among those completing grade 1,
there was little sign of dropouts up through grade 3, suggesting much larger shares of
children repeating grade 1, compared with the EMIS data; and (iii) consistent with the
EMIS estimates, there was a particularly marked exit from schooling after grade 5.257 More
in-depth analysis under CESR phase 2 (ongoing at the time of the analysis) has included
greater disaggregation, including by sex, urbanrural groupings, and socioeconomic status,
including the attainment prole shown in Figure 3.1.258
255
Footnote 253.
256
Footnote 253.
257
Footnote 253.
258
The methodology for analysis described herein and Figure 3.1 are elaborated in CESR, ADB, and Australia Aid. 2013.
Phase 1 Technical Appendix on the Secondary Education Subsector. Yangon. More detailed ndings will be presented in a
forthcoming supplementary annex to CESR, phase 2.
94 Gender Equality and Womens Rights in Myanmar
Source: ADB staff estimates in cooperation with the CESR team, using 20092010 Integrated Household
Living Conditions Survey data.
Figure 3.1 points to marked distinctions between, for example, urban children and
children in poor households, and suggests that gender dynamics appear interlinked with
socioeconomic status. The dashed urban proles at the top of the gure demonstrate
that roughly 93% and 80% of urban youth in the 20092010 cohorts completed primary
education and middle school, respectively, with little discrepancy between girls and boys,
except in high school, where girls overtook boys by a sizable margin. In contrast, the lower
dashed poor proles show that the cohorts of girls in poor households had been modestly
disadvantaged in primary school (71% completed primary school, compared with 77% of
poor boys), and fewer poor girls transitioned into middle school (64% of girls and 69% of
boys in poor households), widening the gap between the sexes. However, the gender gap
subsequently narrowed, with girls in poor households overtaking male counterparts in high
school. The CESR analysis of reasons for exiting education is presented further on.
Quality of education
Looking beyond simple access concerns, quality and achievement also appear to be
problematic.
A 2012 study of 181 school-based ECCD facilities in 15 townships found that only 2% met
all 15 quality standard indicators, while 54% required urgent attention. At least 24% of
teachers were untrained, and fewer than a third of centers had sufficient play materials.
Childrens developmental progress was not recorded, and only half of the centers recorded
Gender Equality and Womens Right to an Education 95
community engagement. Training opportunities for the preschool teachers and parent
educators, the vast majority of whom were women, were limited (for both preservice and
in-service).259
In the absence of other systematic data to date, pass rates on the matriculation
examan exam taken at the end of high school that serves a dual role as both a high
school completion exam and a university screening examprovide the most concrete
quantitative measure of secondary student performance, though it is also problematic.260
Table 3.3 shows that over the 5 years between 2008 and 2012, only around one-third of
matriculation exam takers passed. The CESR analysis also points out that, of the roughly
half a million students taking the matriculation exam annually in recent years, only around
300,000 were grade 11 enrollees in a given year, meaning that roughly two-fths of
matriculation exam takers are repeat takers (a phenomenon observed in several East Asian
countries).
Table 3.3 also shows that matriculation exam pass rates have hardly improved since 2008.
Female students had a slightly higher pass rate, and universities have started publishing
tables in local newspapers indicating requisite pass marks for entrance into different
university courses that differ for boys and girls.261 To reach gender parity among students
in areas such as medical studiesbecause girls are achieving higher gradesboys are now
allowed to enter with lower pass marks than girls at matriculation. Similar measures might
be considered to encourage girls to enter elds of study normally considered to be only of
interest to boys.
259
Cited in Ministry of Social Welfare, Relief and Resettlement. 2014. Myanmar Early Childhood Care and Development
Policy. Yangon. pp. 42, 46.
260
Some accounts argue that the matriculation exam is disjointed from the high school curriculum, being more focused
on university entrance. More generally, dialogue through the CESR is feeding into moves to reform the current
matriculation exam, potentially delinking its dual roles.
261
See www.irrawaddy.org/contributor/burmas-sexist-school-requirements-hurt-women-society.html
96 Gender Equality and Womens Rights in Myanmar
More generally, the CESR phase 1 analysis pointed to challenges in terms of teaching (still
largely rote-based) and learning outcomes affecting both boys and girls. On the whole,
grade repetition in basic education was fairly low, but rose in the nal year of middle school
(grade 9) and remained particularly problematic, especially in high school (grades 1011)
repetition rates for boys appeared marginally higher than for girls.262
It has only been since independence in 1948 that public schools have gradually expanded
into all areas of Myanmar. Until then, most education was conducted in Buddhist monastic
schools. Based on data from the Statistical Yearbook 2010 from the Central Statistical
Organization, only 3% of primary school students attended monastic schools that year.
The 20092010 IHLC assessment estimates suggest that the share has become smaller
slightly more than 1% of students in primary grades and roughly half of that for students
in secondary grades.263 The share of boys in monastic schools was marginally larger than
of girls. Not all these schools are registered with the Ministry of Religious Affairs, and the
proportion of students attending may be larger than reported in the government statistics.
Most monastic schools offer primary school classes based on the official curriculum,
with additional teaching on Buddhist culture and practices. There are also some schools
covering middle and high school grades.
Students at monastic schools generally come from poorer households or are orphans. In
addition to teaching, the schools offer meals and use community contributions to cover the
cost of textbooks and classroom equipment, which can be a signicant contribution to poor
households. Monastic schools do not usually require birth certicates for students, which
is helpful for families without these documents; often, lessons include ethnic language and
literature taught as additional subjects during the summer holidays.
There are limited options in nonformal basic education to engage children and adults who
have dropped out of school.264 This is an important concern for the large proportion of
children who do not complete primary education and remain out of school. The government
is developing policies and operational plans to establish a more robust nonformal education
program to address certain shortcomings of the formal system. This should include improving
literacy and basic education for those women who never attended schoolparticularly from
ethnic groups and national races in remote regions of the country.
A Non-Formal Primary Equivalence Program, which is a 2-year, fast-track program for 10-
to 14-year-olds who have dropped out of school, has been set up in 86 townships, reaching
11,000 children, 43% of whom are girls.265 Students completing the program successfully
are able to reenter the formal system. More data are needed to understand the reasons for
the lower enrollment of girls, but domestic chores may be a factor, indicating a need for
more exible delivery systems to accommodate girls special needs. A formal, Extended and
Continuous Education and Learning (EXCEL) program targeting out-of-school adolescents
aged 1017 years266 aims to teach life skills as well as basic literacy and numeracy and in
262
Footnote 253.
263
Footnote 253.
264
Footnote 120, p. 84.
265
Through the Quality Basic Education Programme (QBPEP), supported by Australia, Denmark, Department for
International Development of the United Kingdom, European Union, Norway, and UNICEF.
266
Ministry of Foreign Affairs. 2014. Myanmar Quality Basic Education Programme, Annual Report. Nay Pyi Taw.
Gender Equality and Womens Right to an Education 97
2014 reached 9,260 children in 17 townships, 55% of them girls.267 The reverse gender trend
in this program may indicate that the greater exibility in the delivery system benets girls
but more research is needed. A Non-Formal Middle School Equivalence Program is also
under development by the Ministry of Education.
Migrants, especially returning migrants, represent an additional target group for nonformal
education. There are few studies into this aspect of educational needs, but a study by the
nongovernment organization BEAM Education Foundation,268 which works with migrants
from Myanmar in Thailand, provides insight on migrants seeking education. In looking
at the situation of migrants in Thailand, the BEAM study found that both children of
migrants and migrants seeking adult education were attending classes in community-based
schools and organizations for migrants. Currently, migrant students in Thailand can attend
nonformal schools offering both basic education and vocational training courses, or they
can attend Thai schools. Neither option is considered suitable by most migrant parents
because they think it does not prepare their children for returning to Myanmar. Under both
systems, students learn in Thai language. Additionally, educational authorities in Thailand
or Myanmar do not systematically recognize the accreditation of educational achievement
at the informal schools.269
UNFPA
267
Ministry of Foreign Affairs. 2014. Myanmar Quality Basic Education Programme, Annual Report. Nay Pyi Taw.
268
The BEAM Education Foundation was founded in December 2009 to assist with the unmet needs of migrant
students from Myanmar seeking higher-level college preparation courses and advanced vocational skills training. It is
funded through support from international organizations.
269
BEAM Education Foundation. 2012. Statement: Migrant Education System, Thailand and Myanmar. www2.ohchr.org/
english/bodies/crc/docs/discussion2012/SubmissionsDGDMigration/BEAMEducationFoundation.pdf
98 Gender Equality and Womens Rights in Myanmar
Relevant and quality higher education qualications are vital to developing a more
knowledge-based workforce that is able to keep up with changes in a globalizing economy.
As identied in several studies and by the government in its Framework for Economic
and Social Reforms, higher education institutions in Myanmar provide a poor standard
of qualication and have limited engagement in research. Universities were chronically
underfunded during recent decades and were broken up, with specialty institutions put
under the control of relevant ministries270 and located away from population centers
to overcome the perception of students as a threat to political stability. Graduate
unemployment, underemployment, and migration are often associated with a mismatch
between degree programs and the demands of the modernizing labor market and are
further signs of a poorly aligned higher education system.271
A striking trend in higher education in Myanmar is the extent of the gender imbalance
among studentsin 2012, 60% of all higher education students and 82.6% (Table 3.4) of
all academic staff members were female.
Around a dozen ministries oversee institutions providing higher education and/or programs
that could be termed as technical and vocational education and training (TVET). The
CESR phase 2 analysis is using the 20092010 IHLC Survey data to generate estimates for
the share of youth enrolled in higher education, disaggregated by sex, age, and urbanrural
location (Table 3.5).
270
In 2012, 13 ministries had management responsibility for higher education institutions, ranging from the Ministry
of Defense to the Ministry of Health and the Ministry of Science and Technology. A central council consisting of
government stakeholder ministries make academic as well as administrative decisions for these institutions. In most
universities around the world, these decisions are made within the institutions. See footnote 254.
271
Footnote 253.
Gender Equality and Womens Right to an Education 99
Table 3.5 conrms administrative data suggesting that females are more likely to enroll
in higher education, though the margin based on this data is slightly less than implied by
previous tables in this report. Females also appear to start university on time, at age 16 (or
overall at an earlier age on average than males), perhaps due to their noted higher rates
of success on taking the matriculation exam. It also points to marked disparities across
urban and rural households: for example, among the former, 29% of the 16- to 19-year-old
females were enrolled in higher education in school year 2009/10, compared with 9% for
females in rural households. The numbers are still smaller (less than 5%) for youth in poor
rural households.
Differentials in educational achievement start much earlier because the main constraint on
higher education enrollment appears to be low pass-through from secondary education.
As noted previously, the incidence of children dropping out of school during their primary
and especially secondary education or not transitioning from primary school to middle
school is much more prevalent in rural areas. Entrance to higher education institutions is
also determined through the matriculation exam pass marks, and two-thirds of the takers
fail annually (though some eventually pass in subsequent years). Exclusion of such a large
proportion of potential students is not only an equity issue, limiting the right to education
set out in the Constitution, but also a considerable economic inefficiency. The talent of a
large proportion of young people is not brought to full potential, limiting inclusive economic
development.
Some private higher education institutions have been established but are not sanctioned
under current legislation. Their fees are relatively high, and there is no guarantee of
100 Gender Equality and Womens Rights in Myanmar
There is limited data on enrollments by eld of study. The analysis under CESR phase 1
suggested that females tend to be overrepresented in areas such as teacher education,
while males are overrepresented in forestry and engineering programs and students
in universities and colleges under the Ministry of Defense.272 In considering the high
enrollment rate of women to higher education institutions, however, it is important to
remember that there is greater unemployment among women compared with men,
presenting incongruence between investment required for women to remain in education
compared with the returns from the labor market.
The Ministry of Science and Technology273 is the lead ministry for TVET, though at least
11 other ministries also oversee TVET institutions (depending on the denition of TVET
used).274 Many programs termed in Myanmar as TVE or TVET focus on more advanced
forms, including (for example) masters degree programs, which are treated in most
analyses as higher education.275 Also, a variety of lower-tier TVET programs, often termed
in Myanmar as informal vocational training or informal TVET, have limited capacity
to serve as an avenue through which the large number of out-of-school adolescents and
adults can be prepared for the labor market. This has important implications in terms of
equality of access to TVET as well as the subsectors ability to meet emerging labor market
needs.276
Administrative data on TVET has generally not been disaggregated by sex or vocational
eld, making it difficult to analyze the gender dimensions of access and achievements.
However, the CESR is supporting such analysis using the 20092010 IHLC Survey
data. The estimates presented in Table 3.6 suggest relative gender parity but, more
strikingly, participation in skills training is quite low for males and females in all age groups,
particularly in rural areas. The forthcoming CESR phase 2 analysis suggests that women
are overrepresented in areas such as language training while underrepresented in other
skill areas that may be highly demanded in the modernizing economy (such as light
mechanics and information technology). This is another context requiring signicant
improvement in data collection and analysis, particularly if there is to be matching of
needs of different employers with graduating trainees. This is also necessary to assess
the quality and relevance of training. Data consolidation and improvement presents a
challenging task, although several development partners (including ADB, the German
272
Footnote 253.
273
In particular, two departments in the Ministry of Science and Technology oversee higher education and/or TVET
(depending on the denition): (i) the Department of Advanced Science and Technology and (ii) the Department of
Technical and Vocational Education. See Footnote 254.
274
Footnote 253.
275
In terms of most international conceptualizations (as well as the IHLCS-based estimates presented here), advanced
programs would be considered as higher education.
276
Footnote 253.
Gender Equality and Womens Right to an Education 101
International Cooperation (GIZ), the International Labour Organization, the Swiss Agency
for Development and Cooperation, and UNESCO) are providing related support under the
umbrella of the CESR.
What is particularly striking is that participation in skills training is very low in all age groups
listed in Table 3.6, particularly in the rural areas. Subject to further analysis under CESR
phase 2, CESR analysis to date using the IHLC Survey data suggests that training is highly
concentrated in computer and language courses in urban areas.277
Another important question is how education (including academic and TVET) translates
into workforce participation. Table 3.6 highlights the types of employment of men and
women, based on the 20092010 IHLC Survey data. It shows that 21% of women were
classied as contributing family workers, compared with 12% for men. As previously pointed
out, it is important to identify the extent to which this choice (or necessity) for women
to work close to home is related to either poor preparation for the workforce while in
education or the overpowering pressure of the domestic work burden restricting womens
options for wage employment. Limitations of job opportunities in work deemed suitable
for women may also discourage women from looking for employment. It is certainly a
loss of potential contribution to economic growth that women are not fully applying their
education once in the workforce.
277
Footnote 253.
102 Gender Equality and Womens Rights in Myanmar
3.3
Enablers and Obstacles to Womens
and Girls Right to Quality Education
Coverage of early childhood care and development, primary education, and
secondary education
Limited coverage of ECCD services is a major barrier. The Department of Social Welfare
has set up 20 preschools with capacity for 350 children and 46 preschools with capacity for
100 children. Communities, nongovernment organizations, and faith-based organizations
have expanded this coverage with 6,477 voluntary preschools, and 850 preschools
receiving government grants.278 Expansion is constrained by the lack of trained teachers,
and currently no professional formal preservice ECCD training exists, although there
is limited short-term pre- and in-service training provision. Financing for ECCD is low,
although exact gures are difficult to obtain because investments are spread across several
ministries or are not separately identied.
278
Cited in Ministry of Social Welfare, Relief and Resettlement. 2014. Myanmar Early Childhood Care and Development
Policy. Nay Pyi Taw. pp. 42 53.
279
Footnote 254, p. 84.
Gender Equality and Womens Right to an Education 103
ADB
The initial ndings from the IHLC-based analysis are reported in Table 3.7 and indicate
that the leading reason for exiting education are direct costs associated with schooling, as
has been observed in many countries. However and somewhat more surprisingly, lack of
interest was the second most commonly cited reason for exiting schooling. Lack of interest
overtakes costs as the lead reason for dropping out from secondary education. Although
this nding requires deeper investigation in the Myanmar context, a similar phenomenon
in the Philippines suggests that lack of interest may reect both demand-side factors (such
as low parental recognition of the value of education) as well as quality-related issues.
In Myanmar, anecdotal evidence supports the view that parents perceptions that the
curriculum, rote-based pedagogy, and assessments are outdated and are weakly relevant
to employment prospects and that social needs have a substantive impact, suggesting the
urgency of curriculum-related reforms. Lack of interest is also potentially a convenient
answer to cover more sensitive underlying reasons, such as bullying, gender-based violence,
menarche difficulties, and other reasons children (especially girls) may feel uncomfortable
reporting.
280
Initial ndings are reported in CESR, ADB, and Australian Aid. 2013. CESR Phase 1 Technical Appendix on the Secondary
Education Subsector. Yangon. More detailed ndings from CESR phase 2 are forthcoming.
104 Gender Equality and Womens Rights in Myanmar
Particularly older age groups among the IHLC Survey respondents, the third-leading factor
for dropping out of school was the opportunity costthe fact that a child attending school
cannot be spending that same time working in the home, family enterprise, or wage labor to
contribute to family income. Fewer respondents cited supply-side factors (such as distance
from school or lack of teachers) as reasons for being out of school, although such factors may
partly be reected in responses on the direct costs of schooling and/or lack of interest.
Table 3.7: Reasons for Boys and Girls Exit from Education at Various Stages (%)a
IHLCS2-based Estimates for Exit at Different Stages and Reasons, for Cohort of Youth Born From Late 19871989
Boys Girls
Non- Non- Incom- Non- Non- Incom-
No Primary transi- MS transi- plete or No Primary transi- MS transi- plete or
primary drop- tion to drop- tion to failed primary drop- tion to drop- tion to failed
(1) out (2) MS (3) out (4) HS (5) HS (6) (1) out (2) MS (3) out (4) HS (5) HS (6)
Share of cohort 3.4 10.9 19.0 18.0 7.9 16.6 4.3 14.5 20.1 13.6 4.4 13.6
Cumulative
share of
cohort 3.4 14.3 33.2 51.3 59.2 75.9 4.3 18.7 38.9 52.4 56.8 70.4
Share of
completers
not transitioning 22.1 16.3 24.8 9.2
Reasons for nonentry, dropping out, or exit
Costs not
affordable 45.3 38.0 32.5 21.8 28.9 14.8 51.9 44.6 32.6 28.2 20.9 19.3
Personal illness 4.6 1.9 1.9 1.6 0.0 1.8 10.2 2.3 1.7 2.2 1.1 2.5
Lack of interest 30.1 27.6 21.7 33.7 36.4 51.4 22.5 26.0 22.8 32.5 33.2 46.1
Married or
pregnant 0.0 0.0 0.0 0.0 0.0 2.1 0.0 0.7 3.5 1.0 2.9 4.1
Care for family 4.0 7.1 7.8 7.4 8.7 4.5 7.6 11.6 14.0 15.0 10.7 9.5
Agricultural work 10.5 15.9 24.3 21.2 15.8 13.0 3.7 7.1 15.5 11.8 17.4 6.7
Other
(non-ag.) work 0.0 6.4 8.4 10.9 8.2 11.2 0.2 6.6 4.1 6.0 8.0 7.9
School
too far 2.1 1.6 3.1 1.7 1.7 0.6 1.1 0.4 4.1 2.5 5.7 2.2
No teacher 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
No school
supplies 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.6 0.0 0.0 0.0
No clothing/
shoes 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Bad weather 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Other reasons/
not reported 3.4 1.5 0.4 1.6 0.3 0.7 2.7 0.7 1.2 1.0 0.0 1.8
Number of
observations 121 318 517 493 220 459 132 373 512 392 136 378
HS = high school, IHLCS = Integrated Household Living Conditions Survey, MS = middle school.
a
All gures are in percentages except for number of observations.
Source: ADB staff estimates in cooperation with the Comprehensive Education Sector Review team using
20092010 IHLC Survey data.
Gender Equality and Womens Right to an Education 105
The precise balance of these factors varied across age groups of respondents and the
levels of attainment, and there were also complex interactions across factors. For example,
forthcoming ADB-supported CESR phase 2 analysis suggests that, in addition to driving
up the dropout rate due to lack of interest, quality issues feed back into direct costs. In
particular, the household cost burden of having a child in high school appears to be higher
than for any other level (including higher education), likely reecting costs of private tutoring.
Other studies have found, for example, that among female-headed households with no adult
male resident, enrollment in lower and upper secondary school is lower than in male-headed
households and female-headed households containing male adults.281 This implies that boys
tend to leave school and work when their labor is in demand in the household.
Disability is also a major barrier to school access. Myanmars rst-ever survey on persons
with disability282 found that, in 2010, almost half the people with a disability had never
attended school, compared with the national average enrollment rate of 84%. And only
2.2% of people with disability had completed university qualications, compared with
the 12% of the nondisabled population. The survey report noted that while disabled
persons can enroll in higher education, current regulations exclude them from entering
Education Colleges. Little training is available to prepare teachers to work with children with
disabilities (until recently, adults with disabilities were not allowed to become teachers).
Citing Ministry of Education sources, the study report noted that in 2010, around 800
children with disabilities were enrolled in formal schools, 1,450 in special schools that
cater mainly for children with vision or hearing impairments, and 36 in higher education.
Although more comprehensive, sex-disaggregated data are needed, it is likely that a very
large number of disabled children are not yet included in education. More research is
needed on the intersectional dynamics of gender and disability on childrens chances to
access and complete schooling and the quality of the education they are able to enjoy.
Language also can be a barrier to success at school. Although the policy environment is
shifting, Myanmar is the official language of instruction, which can be a signicant factor
281
Footnote 120.
282
Ministry of Social Welfare, Relief and Resettlement and The Leprosy Mission International. 2012. Myanmar National
Disability Survey, 2010. Nay Pyi Taw. Cited in Ministry of National Planning and Economic Development, Ministry of
Health, and UNICEF. 2012. Situation Analysis of Children in Myanmar. Yangon. p. 37.
106 Gender Equality and Womens Rights in Myanmar
hampering the learning for children from different ethnolinguistic backgrounds, and leading
them to drop out.283
As part of its National Education Sector Plan, the government intends to launch major
reforms of the secondary education subsector, which will eventually extend high school
through grade 12. Perhaps more importantly, the plan is expected to include programs
to update curricula, pedagogy, and assessments of the primary, middle, and high school
levels. Particularly for secondary education, this will be critical to better align content and
pedagogy to Myanmars transformed labor market needs and socioeconomic context.
Reforms will also be critical to strengthen pathways linking secondary education to TVET
and higher education and also strengthening secondary educations role in preparing
the majority (in the near term) of youth to enter the labor market by ensuring that
UNFPA
283
Footnote 254, pp. 86-87.
284
Footnote 253.
Gender Equality and Womens Right to an Education 107
information technology provides relevant and exible knowledge and competencies to all
students, irrespective of their sex or location. These curriculum reforms have the potential
to promote improved gender-sensitivity in content, promote social cohesion in their
approach, and to stress the importance of womens rights as human rights.
The lead factor depressing higher education enrollment is the low pass-through
from secondary education.
As indicated in Figure 3.1, while an estimated ve out of every six children complete primary
school (though often signicantly overaged), fewer than one in four has successfully
completed high school in recent years. The matriculation exam currently serves as a critical
gate to both higher education and many forms of TVET.
With planning under way to reform the countrys higher education system and with much
interest from foreign partners, it is vital that the gender imbalances are understood
whether they are associated with the larger proportion of female students or the causes for
low enrollment rates among males. Gender imbalances in higher education are rarely linked
to labor market analysis. Yet, the outcomes associated with higher unemployment among
women than men point to systemic discrimination against women holding higher education
qualications in the workforce.
285
Footnote 253.
108 Gender Equality and Womens Rights in Myanmar
The tendency in higher education institutions and TVET programs to channel girls and
women into certain types of occupations is further illustrated by the courses offered to
women under a Department of Social Welfare scheme. As previously noted, training is
offered primarily in areas traditionally considered to be the work of women, such as sewing,
planting, laundry, and so forth. The training programs need to better respond to particular
demands for skills or incorporate practical business skills. New avenues for income
286
With ADB support, the Ministry of Science and Technology and the Ministry of Industry are developing and preparing
to pilot test new models of competency-based modular short courses and have set specic targets for encouraging
females to be trained and successfully employed in traditionally male-dominated skill areas. See ADB. 2014. Technical
Assistance to Myanmar on Skills Development for Inclusive Growth. Manila.
Gender Equality and Womens Right to an Education 109
generation are opening up, for example, as tourism expands in Myanmar; and training
programs can be designed to prepare poor women to take up these opportunities in remote
and rural areas where many tourist sites are located.
Box 10: Skills Training for Community-Based Tourism that Benets Women
In the Lao Peoples Democratic Republic, the Asian Development Bank has been supporting
a skills training project for community-based tourism. For many women, improving tourism
opportunities provides an alternative source of income when poor harvests leave their households
short of money. When Akha women, for example, switched from farming to selling traditional
handicrafts and jewelry, they earned between $7 and $15 a nightmore than what they could
earn through agriculture. Selling at a popular night market has given them condence, knowledge,
and status. The project supported the development of community-based tourism and home-
based cottage industries, capitalizing on womens existing customary skills while expanding their
opportunities and helping make their traditional products more commercial and marketable. By
improving production techniques and design, providing basic marketing assistance and equipment,
and organizing markets and trade shows, women saw their incomes increase substantially.
Now I get more respect, not only from my husband, but also from my daughters-in-law, said
a female weaver from Ban Faen village. In some cases, there have been strategic changes in
household gender relations as womens ability to earn an income allowed them more control over
household resources and more respect from their spouses and other household members.
Source: ADB. 2012. Gender and Development News. SeaGen Waves e-newsletter. pp. 911.
3.4
Conclusions and Recommendations
Reaching gender parity in enrollment in Myanmar is a signicant achievement, but there
is need to move beyond this. Gender parity indicators conceal more detailed dynamics.
For example, some categories of girls remain out of school; or once enrolled in school, girls
tend to participate less in class and are underrepresented in certain subject specializations.
There needs to be better understanding of why achievement levels differ between some
categories of males and females.287 The CESR has helped better understand the gender
dimensions of education, but continued attention and analysis is needed.
287
Canadian International Development Agency. 2010. Education and Gender Equality Tip Sheet. Ottawa: Government of
Canada. p. 2.
110 Gender Equality and Womens Rights in Myanmar
ADB
There are several policy implications for the governmentnot just the Ministry of
Educationas it moves beyond targets for gender parity in enrollment to ensuring that the
approach to education does not reinforce social norms and biases against women and girls
in the community and labor market. There are many factors in any education system that
will inuence the quality and effectiveness of education to prepare all students for life. For
each of these, gender dimensions require analysis and consideration as reforms are planned
and implemented. Examples of gender concerns are as follows:
The opportunity cost of sending boys and girls to school. What is the loss to the family in
unpaid labor required for survival if children are in school? Similarly, there can be opportunity
costs for parents who may need to accompany their children to travel to school.
The lack of job opportunities for both girls and boys. It is often noted in Myanmar
that boys do not transition into secondary and higher education because they can earn
cash as day laborers, but it is not well understood why girls are overrepresented in higher
education, despite being underrepresented in the labor force. Is it that women cannot
apply their education to careers in many sectors of the economy and therefore remain
in the informal economy as contributing family workers rather than applying their
education achievements?
Distance to travel. Although many schools have been opened in the past decade,
especially secondary schools, the nearest may still be some distance away, at least in some
areas, presenting concerns regarding the safety and security of girls as they reach puberty.
Lack of suitable water and sanitation facilities at school. The 2011 Department of
Education Planning and Training and UNICEF survey found that only 61% of toilets
were fully functional and only 23% of schools met the international best practice ratio
of one toilet per 25 students, while 51% met the national standard of one toilet per 50
students. Gender-segregated toilets for girls are largely in place; nevertheless, design
improvements could be made to reduce risks associated with gender-based violence
around toilet blocks and provide facilities for menstrual hygiene management.
Lack of gender-sensitive curricula. It is expected that pending curriculum reforms will
embed such considerations.
Gender Equality and Womens Right to an Education 111
Lack of safe school environments. Issues of concern include lack of enforcement of policies
regarding harassment or inappropriate sexual behavior among staff and/or students.
Need for a more gender-sensitive classroom environment. This should be conducive
to encouraging girls as equals in the community and workplace, for example, by
removing images and generalizations about traditional gender roles in textbooks and
classroom aids; adapting teaching methods to the needs of both boys and girls; and
providing the same time, encouragement, and attention in class to girls as to boys.
Perceived quality of education (lack of interest). When parents consider the costs of
education, do they consider the longer-term benets of better employment that outweigh
the immediate costs of keeping a child in school? This consideration varies for girls and boys.
The following are areas requiring further strengthening to ensure that the education system
can promote gender equality and the empowerment of girls and women. Related issues
and options for most of these are being assessed within the CESR (phase 2, ongoing at the
time of this analysis). Anyone advocating for improved education for all might consider
how gender issues can be monitored as ndings from the CESR are implemented under
the National Education Sector Plan and education sector reform processes. The concerns
identied here are highlighted in the objectives of the National Strategic Plan for the
Advancement of Women as well as other analytical documents referred to in the chapter.
UNICEF/Myanmar/2013/Jim Holmes
UNICEF/Myanmar/2010/Myo Thame
and institutional arrangements for
coordination across sectors.
The work environment for teachers also needs to be examined to ensure that
harassment and other security issues are not an issue for female teachers.
ADB
Link gender analysis of TVET and more nontraditional TVET for girls to market
demand.
There is need for more research on gender aspects, especially concerning types of skills
that girls and women can learn in order to access well-paid employment.
TVET interventions need to ensure greater alignment of the skills learned by women
with emerging labor market needs while also increasing the range of employment
options for women. This may require additional efforts on the part of TVET institutions
to challenge traditional attitudes regarding which jobs are considered suitable for
women.
Training in nontraditional areas should also include how women can deal with the pressures
of working in male-dominated workplaces. In parallel, there is also a need to enhance the
technical level of training that women receive in traditionally female occupations to improve
womens productivity and applicability of training to labor market needs.
Develop outreach strategies to encourage employers to hire female graduates in
traditionally male-dominated elds. These strategies will help reduce the gender wage
gap and support women to reduce their family poverty and contribute more effectively
to inclusive economic growth.
UNFPA
States Parties shall take all appropriate measures to eliminate discrimination
against women in the eld of health care in order to ensure, on a basis of equality
of men and women, access to health care services, including those related to family
planning.
Women have the right to the enjoyment of the highest attainable standard of
physical and mental health. The enjoyment of this right is vital to their life and
well-being and their ability to participate in all areas of public and private life.
Health is a state of complete physical, mental and social well-being and not merely
the absence of disease or inrmity. Womens health involves their emotional, social
and physical well-being and is determined by the social, political and economic
context of their lives, as well as by biology. However, health and well-being elude
the majority of women. A major barrier for women to the achievement of the
highest attainable standard of health is inequality, both between men and women
and among women in different geographical regions, social classes and indigenous
and ethnic groups.
Every citizen shall, in accordance with the health policy laid down by the Union,
have the right to health care.
Supporting this holistic approach to womens health in the [Beijing Platform for
Action], the National Strategic Plan for the Advancement of Women (2013
2022), Myanmar, aims to improve systems, structures and practices to protect,
promote and full womens and girls right to equality and affordable health
care, including sexual and reproductive health through policy formulation and
implementation that includes data collection, research, advocacy and capacity-
building activities involving government and nongovernment stakeholders,
womens full and equal participation in health-related decision making and
resource allocations.
4.1
Signicance of Womens and Girls
Equal Access to Health-Care Services
and Enjoyment of Good Health
and Well-Being
As noted in the Beijing Platform for Action, there are many facets of health and well-being
that are crucial to achieving every persons full potential. To fulll this right, it is necessary
for each personadult or child, male or female, irrespective of ethnic groupto access
appropriate health-care services.
Investing in womens equal rights to good health is efficient and has multiplier effects as
seen in the following:
Women bear the brunt of health complications associated with reproduction. For
example, if a mother is not healthy and lacks access to emergency services required
during childbirth, impacts on the mothers health may recur in future pregnancies and
may affect the child throughout its life. These health issues are not only of signicance
to women but also to her children and male family members.
In Myanmar, it is considered the responsibility of women to provide primary care and
to nurture children and the ill, inrm, and elderly members of the household. If women
cannot access appropriate health services, the burden of this work may mean that
they can no longer carry on productive activities, affecting the well-being of other
family members and themselves. Their time may be stretched to the point where they
themselves become ill.
Good health and education are the basic human capacities contributing to poverty
reduction and sustaining productive activities. The existing potential of Myanmars
resources cannot be realized without a healthy and educated workforce. This workforce
includes women who are already carrying the burden of domestic responsibilities along
with productive activities and participation in community activities.
118 Gender Equality and Womens Rights in Myanmar
Health and well-being are also related to intergenerational capacity. Mothers pass on
to their children knowledge of how to care for themselves as well as good practices
in hygiene and basic sanitation. A strong, healthy mother gives birth usually to larger
and healthier babies than women in poor health. A healthy baby starts life with greater
advantage, with greater resistance to illness, better ability to learn and, for girls, a higher
probability of bearing strong babies. More is being learned by modern science about the
inuence of a mothers malnutrition or other stress factors on the long-term health of
babies.
Experience throughout the world has demonstrated that health-care services are
most appropriate when they respond to the needs of those using the services. This
requires the participation of representatives from all segments of a society in decisions
concerning how these services will be delivered, which services are prioritized and
why, and how they are nanced. As modern medicine has evolved, there is increased
recognition that if patients are fully aware of options for health care, health outcomes
are improved. Service providers must be answerable to those using the services, guided
by solid sex-disaggregated data and analysis.
To ensure the right to access quality and appropriate health-care services for all people in
Myanmar, many issues must be understood from the perspective of existing gaps in health
outcomes (such as life expectancy, vulnerability to communicable and noncommunicable
diseases, etc.) that are governed by gender dimensions and form the basis of this chapters
analysis. This chapter explores the following questions:
1) How has Myanmar met its gender equality and womens rights commitments to
including women in health-related decision making and addressing their health
priorities (especially the most excluded women) equally with men?
2) What are the obstacles to ensuring gender equality and womens right to good
health?
3) What enables women and men leaders to include women equally with men in
health-related decision-making and deliver on a gender-responsive policy agenda
on health?
4.2
Trends in Womens Health in Myanmar
General health
Key indicators provide some understanding of the overall health status in Myanmar. To
start, life expectancy at birth for women was 69.9 years in 2014.288 This compares with the
lower current average life expectancy at birth for men of 63.9 years, a biologically based
norm around the world. These indicators reect generally low levels of development and
limited investments over recent decades in the provision of health services for both sexes.
Maternal mortality remains above the average for the Southeast Asian region, and large
proportions of residents suffer from communicable diseases such as malaria (incidence of
malaria per 100,000 population was 3,180 compared with 1,773 for the regional average289).
288
Footnote 143.
289
WHO. 2013. General Statistical Prole, Myanmar. www.who.int/gho/countries/mmr/country_proles/en/index.html
Gender Equality and Womens Right to Good Health 119
UNFPA
There is little data or comparative analysis available of the general health status of men
and women in Myanmar. The World Health Organization (WHO), in its country health
prole, singles out some differences at the national level. For example, women have a
lower probability of death by noncommunicable diseases associated with tobacco use and
alcohol consumption. The prevalence of daily tobacco smoking among men is reported at
31.6%, compared with 10.1% among women. Raised blood pressure is higher among men,
at 40.7%, compared with 36.7% among women. Conversely, there are signs that risk factors
are increasing among women, with more women reported as overweight (23.4%, compared
with 13.3% of men), which might explain higher cholesterol levels among women compared
with men. The causal factors for these differences in health proles are not readily
explained in the existing literature, and more research will be necessary to develop a clearer
understanding of how to address risk factors for noncommunicable diseases among women
and men in Myanmar.
Access to improved sanitation facilities and treated water has enhanced the overall
health status of children and all family members over the past decade. Indicators for child
mortality show a decrease in the mortality rate among children younger than 5 years, from
112 per 1,000 live births in 1990 to 72 in 20092010.290 These improvements were linked
to several factors, but better access to decent sanitation and treated water had a signicant
role. All available data conrmed no differences between boys and girls in infant or under-5
child mortality rates or in the measures of malnutrition. There were, however, signicant
regional differences for key indicators and between different regions and states and ethnic
groups. For example, proportions of underweight children were as high as 53% in Rakhine
State in 20092010, compared with 25% in urban areas. Such variations are linked to
differences in poverty levels and lack of access to basic health services.
290
Footnote 109.
120 Gender Equality and Womens Rights in Myanmar
Recent studies have illustrated the importance of womens education levels and knowledge
regarding improvements in childrens health. In 20092010, infant mortality rates were 43
per 1,000 live births for children of women with only primary school education, compared
with 27 deaths among children of mothers who had attended secondary school. Table 4.1
provides some correlation between the Millennium Development Goal (MDG) health
indicators for children and various inuencing factors such as poverty levels and years of
education for mothers.
Vulnerability to some communicable diseases such as malaria has been slower to improve.
In some countries, women are regarded as more vulnerable to malaria vectors because they
remain close to home where risks of exposure are higher than for men who work in open
elds or migrate to urban areas for work. Studies to identify gender-specic risk factors
have yet to be conducted in Myanmar, but ndings can improve the targeting of public
health programming and behavior-change messages.
Skilled birth 47% no education 92% urban 69% poor 55% Rakhine State
attendantc% of 62% primary 74% rural 81% nonpoor 61% Chin State
births 85% secondary
National average: 78%
Under-5 mortalityb 51 primary 29 urban 62 poor
per 1,000 live births 33 secondary 53 rural 27 nonpoor
National average: 46
Infant mortalityb per 43 primary 24 urban 49 poor
1,000 live births 27 secondary 43 rural 23 nonpoor
National average: 37
Nutrition levelb 24 primary 25 urban 33 poor 53 Rakhine State
Underweight for age 17 secondary 34 rural 16 nonpoor 33 Chin State
(% -2 SD)
National average: 32
MDG = Millenium Development Goal, MMR = maternal mortality ratio, SD = standard deviation.
Sources:
a
Department of Health and UNICEF, Nationwide Cause Specic Maternal Mortality Survey 20042005;
b
Multiple Indicator Cluster Survey report 20092010; c= Integrated Household Living Conditions Survey 20092010.
Gender Equality and Womens Right to Good Health 121
Reproductive health
Of particular importance to women has been the progress against indicators for
reproductive health. Access to reproductive health services not only has the potential
to reduce maternal deaths, but it can also improve reproductive health care and quality
of life for women in the years before they become mothers and throughout adulthood.
For womens right to reproductive health care to be fully protected, the services must
also bring knowledge and choices to women to plan pregnancies and provide protection
against sexually transmitted infections such as HIV. Such services can also be used to boost
womens potential to share in decision making regarding sexual practices and family size
with their spouse or intimate partner.
As presented in Table A.2 in the Appendix, MDG data illustrate that progress has been
made against many of the health indicators, with some but not all targets able to be met by
2015. The maternal mortality ratio (MMR) had improved, from 520 deaths per 100,000
births in 1990 to 200 per 100,000 in 2010291 (the 2015 MDG target is 178). The proportion
of births attended by skilled personnel increased from 56% average in 1997 to 78% in
2010which is close to meeting the 2015 MDG target of 80% of births.292 These indicators,
however, mask many differences in achievements between rural and urban areas, and areas
with large proportions of ethnic groups or national races for which the key indicators show
little improvement and remain dismal. These indicators also do not provide insights into
underlying causes of differences.
291
Maternal mortality ratios for Myanmar vary widely. Due to different collection methods and denitions, government
data are not easily comparable with those collected by other international agencies. The data used here were derived
from UNICEF country data. See www.unicef.org/infobycountry/myanmar_statistics.html#120
292
ADB. 2012. Myanmar in Transition: Opportunities and Challenges. Manila. p. 9. Cited in MNPED, Sida, UNICEF, and
UNDP. 2011.Integrated Household Living Conditions Survey in Myanmar (20092010): MDG Data Report. Yangon.
293
Ministry of Health, Five-Year Strategic Plan for Reproductive Health, 20092013. Cited in United Nations Population
Fund (UNFPA). 2010. Report on Situation Analysis of Population and Development, Reproductive Health and Gender in
Myanmar. Yangon. p. 93.
122 Gender Equality and Womens Rights in Myanmar
ADB
Birth spacing through increased contraceptive prevalence has contributed to a steady
lowering of the fertility rate, but birth spacing services still need improvement, as illustrated
by the considerable differences in the use of contraceptive for birth spacing. The national
average prevalence of contraceptive use in 2010 was 40%, according to the Integrated
Household Living Conditions (IHLC) Survey ndings. However, the prevalence rate
was only 3% in Chin State. There were also signicant differences between urban (70%
prevalence) and rural areas (48% prevalence).294
A consequence for women of the high unmet need for birth spacing services is a signicant
proportion of unwanted pregnancies and subsequent induced abortions. Abortion is legally
restricted and permitted only to save a womans life. The vast majority of abortions are thus
conducted under unsafe conditions, leading to complications, maternal morbidity, and
mortality,295 often exacerbated by delays in seeking qualied care.
According to the 2007 Fertility and Reproductive Health Survey ndings, 4.7% of all
pregnancies ended in abortion. This proportion was larger among urban women (7%) than
rural women (4%) and greater among young women.296 The largest proportion of reported
abortions was among 15- to 19-year-oldsperhaps an example of the impact of unmarried
women having limited access to contraceptives and reproductive health services.
294
Footnote 109.
295
WHO. 2012. Myanmar and Birth Spacing: An Overview, 2005. New Delhi. Cited in Ministry of National Planning and
Economic Development, Ministry of Health, and UNICEF. 2012. Situation Analysis of Children in Myanmar. Yangon.
p. 44.
296
Ministry of Immigration and Population, Department of Population, and UNFPA. 2009. Country Report on 2007
Fertility and Reproductive Health Survey. Nay Pyi Taw. p. 69, Table 4.9.
Gender Equality and Womens Right to Good Health 123
Health-seeking behaviors
There are also few comparative studies of health-seeking behaviors between men and women.
In some countries, men are less likely to consult health professionals until they are seriously ill,
whereas women attend health clinics more frequently with their children and are, therefore,
more likely to discuss their own health concerns. However, social factors also inuence womens
comfort in discussing intimate details of reproductive health concerns. More research is
required to understand these behavioral aspects of the health status of both men and women.
The HIV prevalence in adult population aged 15 years and older was 0.5% in 2013,299 down
from a peak of 0.7% in 2003. This represents an improvement over the years. An estimated
188,602 people were living with HIV in 2014. The HIV prevalence in Myanmar is the fourth-
highest among Asian and Pacic countries and still higher than average prevalence when
compared with other countries in the South and Southeast Asia region, which was at an
average rate of 0.3% in 2008.300 However, the epidemic remains concentrated in certain
populations, including (as of 2013) people who inject drugs (18.7%), women in the sex sector
(8.1%), and men who have sex with men (10.4%).301 The National AIDS Programme for
Myanmar, in its Global AIDS Response Report 20102011 noted the steepest decline of HIV
transmission in sex work and among regular partners. The decline in male-to-male sex was
much less pronounced. New infections through the use of contaminated injecting equipment
is expected to become an increasingly important proportion of total new infections.302
297
Ministry of Health and UNICEF. 2006. Nationwide Cause Specic Maternal Mortality Survey, 20042005. Cited
in UNFPA. 2010. Report on Situation Analysis of Population and Development, Reproductive Health and Gender in
Myanmar. Yangon. p. 99.
298
Win Win Mya. 2010. Causes of Maternal Death, North Okkalapa General Hospital (19921998). Cited in UNFPA. 2010.
Report on Situation Analysis of Population and Development, Reproductive Health and Gender in Myanmar. Yangon. p. 99.
299
UNAIDS and National AIDS Programme. 2015. HIV Estimates and Projections, Asian Epidemiological Model
(Spectrum 5.30 spreadsheet). Yangon.
300
UNAIDS and WHO. 2009. AIDS Epidemic Update. Cited in UNFPA. Report on Situation Analysis of Population and
Development, Reproductive Health and Gender in Myanmar. Yangon. p. 121.
301
National AIDS Programme, Department of Health. 2014. HIV Sentinel Sero-surveillance Survey Report. Nay Pyi Taw:
Ministry of Health, Myanmar.
302
Footnote 21, p. 20.
124 Gender Equality and Womens Rights in Myanmar
The male-to-female ratio for new HIV cases is decreasing as the course of the epidemic
progresses in Myanmar. In 1994, there were eight new cases of HIV in men for every one
new case in women, but by 2008, the ratio had reduced to 1.9:1.303 The number of women
living with HIV was estimated at 69,489 in 2013, representing 34% of people living with
HIV.304 Women with low-risk behavior have been infected by their intimate partners who
engage with multiple sex partners, including through paid sex or having sex with men.
A proxy indicator of prevalence rates among this group of low-risk women is taken from
the proportion of pregnant women attending antenatal clinics who test positive for HIV
(a 0.9% prevalence rate in 2011).305
In the past few years, the number of people on antiretroviral (ARV) treatment tripled, from
slightly fewer than 25,000 to more than 74,774 in 2014, of which 34,282 were women.
In June 2014, around 598,400 pregnant women attending antenatal care services at
prevention-of-mother-to-child transmission sites were reported to have received pretest
counseling, of whom 508,640 received an HIV test. A total of 2,890 mother and baby pairs
received services in 2012, and 801 of the mothers were reported to have continued ARV
treatment for their own health.306 However, the availability of ARV treatment to pregnant
women is only through an antenatal clinic, with many areas of the country still not covered;
there are areas where contraceptive use rates are very low and the use of condoms in a
stable relationship is negligible.307
Stigma and discrimination are barriers to accessing HIV services and hinder the delivery of
HIV prevention, treatment, and care services to key populations, including women and girls.
There is also a signicant relationship between gender equality and an HIV response. In the
2014 report on a gender assessment of the national HIV response, representatives from
the networks of people living with HIV described instances of severe discrimination toward
HIV-positive pregnant women in hospitals, such as being placed in separate wards or
near public toilets and other public areas, even during childbirth. It is necessary to expand
comprehensive prevention through community outreach and peer education to reach HIV-
positive women and women vulnerable to HIV infection.308
303
National AIDS Programme. 2010. UNGASS Country Progress Report. Nay Pyi Taw: Ministry of Health.
304
Footnote 299.
305
Myanmar, National AIDS Programme, Department of Health, and Ministry of Health. 2012. Report of the HIV Sentinel
Sero-surveillance Survey 2011. Nay Pyi Taw. p 9, Table 3.
306
UNAIDS. 2012. Progress Report 2012 (National Strategic Plan for HIV/AIDS in Myanmar). Yangon. p. 56.
307
Footnote 296, p. 129.
308
UNAIDS. 2014. Gender Assessment of the National HIV Response in Myanmar. Yangon. p. 29.
309
Aye Myat Soe, Daw Aye Aye Sein, and Khin Ohnmar San. 2007. Behavioural Surveillance Survey 2007. Nay Pyi Taw:
National AIDS Programme, Department of Health, and Ministry of Health. Cited in UNFPA. 2010. Report on Situation
Analysis of Population and Development, Reproductive Health and Gender in Myanmar. Yangon. p. 127.
310
National AIDS Programmes Behavioural surveillance survey 2008 (out-of-school youth), cited in UNFPA. 2010.
Report on Situation Analysis of Population and Development, Reproductive Health and Gender in Myanmar. Yangon.
Gender Equality and Womens Right to Good Health 125
The National Strategic Plan, 20112016 on HIV and AIDS aims to achieve a society that
is free of new HIV infections, embracing all people regardless of sex, age, origin, or any
other identity marker. The national plan targets more than 80% of women living with HIV
to receive ARV prophylaxis therapy to reduce the risk of mother-to-child transmission.311
The midterm review of the national plan in 2013 recommended a gender assessment
among people living with HIV to understand the barriers and challenges they faced when
accessing HIV prevention, treatment, and care services. The ndings of that assessment
point out that there are no anti-discrimination laws that allow citizens to fully exercise their
rights to health care, protection against violence, access to information, and employment
opportunities, particularly for people living with HIV.312 The assessments recommendations
contributed to strengthening HIV policy and programming because gender equality and
womens rights perspectives were included, prioritized, and budgeted into the national plan.
In addition, the gender assessment led to the establishment of a human rights and gender
equality working group, under Myanmars main technical working group for the countrys
HIV response (the HIV Technical and Strategic Group under Myanmar Health Sector
Coordination Committee) and will address continuing challenges to protect women from
infection and to support people living with HIV or AIDS.
There is an increase in the number of self-help groups for people living with HIV. People
living with HIV are also involved in a variety of activities at all levels of the HIV response
and have engaged fully in the development of the National Strategic Plan through active
participation in the Technical and Strategic Group ) and the Myanmar Health Sector
Coordination Committee. To ensure sustained progress, there is still a need to address
policy and legal barriers that impede effective HIV responses, including measures to
address stigma and discrimination and respond to human rights violation.
UNFPA
311
Myanmar National Strategic Plan on HIV and AIDS 20112015, concise version. p. 11.
312
Footnote 296, p. 30.
126 Gender Equality and Womens Rights in Myanmar
4.3
Enablers and Obstacles to Womens
and Girls Right to Good Health
and Well-Being
The preceding data on trends in health demonstrate areas where women experience
obstacles in accessing a range of health services and control over their bodies. The poor
quality of health-care services and limited access for women, particularly in rural areas,
are associated with several factors. The unequal status of women more generally has an
impact on womens ability to access these services. However, there is little research into
these nonepidemiological factors, especially on gender-based biases in the way services are
developed and provided.
Table 4.1 demonstrates the correlation of inuencing factors to improved health indicators.
Gaps in achievements vary, but it is evident that there is a need for health policies to
improve the targeting of services to reach those with the poorest health indicators. There is
also need to look beyond medical factors to socioeconomic and gender-related concerns.
This is a challenge in a country with many communities living in remote and mountainous
areas, but access is clearly inuenced by issues beyond geographical distance from quality
services.
The nancing of health servicesboth through government programs and the increasing
burden of costs on individual householdshas had a limiting effect on improvements in
the key indicators, especially their gender dimensions.
Increased and efficient public expenditure and better management of the health
system can contribute to womens better health outcomes.
In gross domestic product (GDP) terms, health spending increased from 1.8% of per capita
GDP in 1998 to 2% in 2007.313 Despite these increases, the level of public spending remains
far too low to guarantee results for all segments of the population. Experiences in Kerala State
in India, Malaysia, and Sri Lanka have all shown that maternal, newborn, and child health
outcomes can improve signicantly for relatively little public expenditure in well-designed
health systems; but the analysis of those experiences also indicates that there is a minimum
level of public expenditure below which progress stalls.
Inefficiencies in the health system mean that what little is spent on health care does
not achieve maximum results or even value for money. Acute respiratory infections, for
example, attract around 5% of direct aid globally, whereas they cause more than 19% of
child mortality. Meanwhile, other diseases receive larger funding than their share of the
disease burden.314 Inefficiency also occurs because scarce resources are directed to high-
end tertiary services rather than to primary or secondary levels of care, which could achieve
the same outcome at a lower per-unit cost. A further advantage of primary and secondary
levels of care is that they are potentially more equitable, in that they are more available
313
Ministry of Health. 2010. Myanmar Health Statistics. Cited in Ministry of National Planning and Economic
Development, Ministry of Health, and UNICEF. 2012. Situation Analysis of Children in Myanmar. Yangon. p. 46.
314
X. Schiffman. 2006. Cited in Ministry of National Planning and Economic Development, Ministry of Health, and
UNICEF. 2012. Situation Analysis of Children in Myanmar. Yangon. p. 47.
Gender Equality and Womens Right to Good Health 127
to the rural and urban poor. Also, the focus on curative diseases rather than preventive
interventions promotes inefficiency. In 2001, 29% of government health expenditure in
Myanmar was devoted to curative and rehabilitative care and only 9% for prevention and
public health services.315
UNFPA
315
Myanmar National Health Accounts, 19982001. Cited in Ministry of National Planning and Economic Development,
Ministry of Health, and UNICEF. 2012. Situation Analysis of Children in Myanmar. Yangon. p. 47.
316
Countdown 2015 and WHO National Health Account Series. Cited in Ministry of National Planning and Economic
Development, Ministry of Health, and UNICEF. 2012. Situation Analysis of Children in Myanmar. Yangon. p. 47.
317
Ministry of Health, Department of Health, and WHO. 2008. Health Care Financing Methods and Access to Health Care
in Myanmar. Nay Pyi Taw. Cited in Ministry of National Planning and Economic Development, Ministry of Health, and
UNICEF. 2012. Situation Analysis of Children in Myanmar. Yangon. p. 47.
128 Gender Equality and Womens Rights in Myanmar
UNFPA
With limited gender analysis of the consequences of the limitations women face in
accessing health services in rural areas or areas with large proportions of ethnic groups,
small-scale studies of women living in highly marginalized situations can provide some
indications. For instance, a 2013 study conducted by the Gender Equality Network318 on
the situation of women in camps in Kachin State for internally displaced persons provides
insights on health problems experienced by women, as follows:
The majority of womens health problems are related to sexual and reproductive health.
Clinical staff from one camp estimated that 40% of the women population was suffering
from cervical infections.
A number of sexual and reproductive problems were related to not being able to
attend to contraception complications (such as inability to have an intrauterine device
removed).
Lack of facilities and materials for hygienic care during menstruation. Urinary tract
infections were also common. Cultural upbringing was considered to be a cause of
women not seeking care for these concerns. Donations to the camp also do not include
personal hygiene items for women.
General lack of services or drugs required to address chronic health problems, such as
high blood pressure and the effects of malnutrition, among other conditions.
Even male respondents interviewed during the assessment noted that women were
unlikely to turn to service providers, especially for sexual and reproductive health issues.
They thought that women would consider these issues to be unimportant.
Even when contraceptives were available, there was active discouragement from
male community leaders to use such means to limit births because there are fewer
numbers of Kachin people. This demonstrates how women cannot make decisions for
themselves even when services are available.
318
Kachin Womens Peace Network and GEN. 2013. Womens Needs Assessment in IDP Camps in Kachin State. Yangon.
The example is drawn from pp. 1011.
Gender Equality and Womens Right to Good Health 129
Reproductive health indicators provide insight into the extent to which communities value
womens health by setting aside the resources required to access health services. A 2010
nationwide study319 found that the median total cost for delivery at a hospital was about
MK95,000 ($77), mainly covering the health providers fees and medicine, which averaged
MK35,000 ($28) and MK30,000 ($24), respectively. In the study, almost all women
reported that medicines were easily available, but only 12% of clients received all medicines
free of charge from a hospital. Transport costs might also be involved. Nonnancial
opportunity costs have to be considered for obtaining support from family members and
the community to care for other children and family members while women seek care for
themselves. The majority (62%) of maternal deaths occurred at home. Only 38% of women
with complications were referred to hospital, and only 24% reached a hospital for proper
management, while 14% died on their way due to late referrals, primary delay, and long
distances to travel.320 Many women were unable to exercise sufficient condence within
the household to command the considerable resources required to seek health services
in a timely manner.
A healthy household environment and access to clean, safe, and secure public
services are important conditions for good health.
Child mortality rates provide insight not only to a mothers ability to access health services
for her children but also into living conditions of households. Childrens nutritional status is
a reection of their overall health. When children have access to an adequate food supply,
are not exposed to repeated illness, and are well cared for, they reach their growth potential
and are considered well nourished. Environmental factors also contribute to childrens
health. When safe water is not available, children become vulnerable to waterborne
disease. Similarly, poor sanitation conditions contribute signicantly to childhood illness.
319
Ministry of Health and UNICEF. 2010. Assessment of Emergency Obstetric Care in Myanmar. Nay Pyi Taw. Cited in
Ministry of National Planning and Economic Development, Ministry of Health, and UNICEF. 2012. Situation Analysis
of Children in Myanmar. Yangon. p. 48.
320
UNFPA. 2010. Report on Situation Analysis of Population and Development, Reproductive Health and Gender in
Myanmar. Yangon.
130 Gender Equality and Womens Rights in Myanmar
Child mortality rates thus reect poverty rates and provide information on how well
households cope with limited access to resources for survival.
ADB
Rural electrication has an important impact on the health of women and children. Many
studies have demonstrated how environmental conditions improve womens health. For
instance, women and girls no longer have to spend hours exposed to smoke from solid fuels
used for cooking. Health information can be transmitted more effectively through radio
or television programming. Additional income generation is possible for women in their
homes, which can be allocated to health care. Electrication at clinics also improves the
quality of health care.
Gender Equality and Womens Right to Good Health 131
UNFPA
Nondiscrimination, including on the basis of geographical location and
ethnicity, can inuence good health outcomes in Myanmar.
All indicators are lowest in regions with large proportions of ethnic minority communities
or national races. Variations can be extreme, such as birth spacing (and overall fertility),
and prevalence of contraception use. According to the IHLC Survey data, contraceptive
prevalence in 20092010 in urban areas was 46% but only 3% in Chin State. Women in the
Chin communities also have lower education levels, and poverty levels are higher, resulting in
poor living conditions. Civil unrest associated with armed insurgencies has led to some areas
being classied as hard to reach (including at least 82 of Myanmars townships). Coupled
with the scarcity of resources, there is growing pressure on the most peripheral parts of the
health system to focus on a targeted or essential group of minimum maternal and child health
interventions in their catchment areas. In many areas, no services are available at all.
Causal factors go beyond poor development opportunities because traditional social values
tend to change slowly in these communities, limiting womens potential ability to make their
own decisions regarding resource allocation within the household or birth spacingshould
services be available. Adverse effects of some traditional birth practices are also more
prevalent in isolated areas than elsewhere. The combination of these factors render women
particularly vulnerable to poor health and at higher risk of maternal mortality, compared
with women elsewhere in Myanmar.
Womens ability to inuence their own lives also matters for other aspects of well-being.
A womans ability to exercise her choice over birth spacing inuences how frequently she
has to face risks associated with pregnancy. When considerable household resources are
required for each pregnancy, a woman needs to command these resources, with many
competing priorities for scarce resources. Womens exercise of agency also improves
childrens welfarethere is much evidence of this across the world.
Although reproductive health services in Myanmar aim to improve womens agency, equal
attention needs to be given to encourage men to engage in responsible sexual behavior
132 Gender Equality and Womens Rights in Myanmar
The tragic consequences of a large proportion of women forced to seek unsafe abortions
when unwanted pregnancy occurs is also evident, with approximately 10% of maternal
mortality associated with complications from illegal abortions. Lack of access to contraceptive
supplies is clearly a factor, but the large proportion of female adolescents feeling forced to
undertake a high-risk abortion points to how the social norms concerning sexual relations
prior to marriage have to be addressed to safeguard the health of these young women.
The majority of young people say that abortion should not be a primary option in managing an
unintended pregnancy and that both partners should take responsibility and jointly make decisions
on how to deal with the issue. Young people interviewed for a 2010 United Nations Population
Fund study stated that they need sufficient sexual and reproductive health services tailored to
adolescents needs.321
Social norms clearly govern the degree of control a woman can exercise over her own life
and those of her children. Behavior change communication programsespecially those
that reach both men and womencan assist women to make choices regarding their health
and are delivered in some parts of Myanmar. When women can reinforce positive changes
in social norms through organizing within their community, the transformative potential of
better knowledge and the ability to act upon available choices can be accelerated.
321
Footnote 320.
322
International Organization for Migration and UNAIDS. 2005. Assessment of Mobility and HIV Vulnerability Among
Myanmar Migrant Sex Workers and Factory Workers in Mae Sot District, Tak Province, Thailand. Cited in UNFPA.
2010. Report on Situation Analysis of Population and Development, Reproductive Health and Gender in Myanmar. Yangon.
p. 130.
Gender Equality and Womens Right to Good Health 133
Women sex workers are also exposed to violence and coercion when they seek to
reduce the risk of infection. Although the knowledge and reported use of condoms have
considerably increased among them, some fail to negotiate with clients, especially those
under the inuence of stimulant drugs and alcohol.323
UNFPA
A substantial proportion of women in the sex sector still report being afraid of being caught
with condoms by authorities and said they did not carry them for that reason. While it is not
illegal to carry a condom, and despite directives from the government, they report that the
police sometimes use this as evidence that a woman is engaged in prostitution (which is
illegal) and extort money from them. Women operating independently or on the street are
reported to be more vulnerable to this.324
323
Footnote 322, p. 146.
324
National AIDS Program. 2008. National Behavioural Surveillance Survey 200708 Report Myanmar: Female Sex Workers
and Injecting Drug Users. Cited in J. Roberts. 2009. Gender Review of the Myanmar National Strategic Plan on HIV
20062010. Yangon. p. 17.
134 Gender Equality and Womens Rights in Myanmar
to comprehensive advice on sexual health and contraception and, in some cases, forced
sterilization of women. For people living with HIV, these often intolerable forms of stigma and
discrimination lead to emotional internalization affecting many aspects of their life. Many in
the survey reported they limit humiliation by avoiding health-care services.
Womens inability to control their own bodies. Social norms dictate that women do not
challenge decisions taken by their husbands, which extend to decisions regarding sexual
practices. This inuences womens ability to control birth spacing, to negotiate whether
the husband wears a condom, or even to discuss his sexual behavior outside the home.
Families and communities tend not to set aside resources required to protect women
during pregnancy and delivery, as reected in the large proportion of maternal deaths
occurring at home.
When women are educated beyond the primary education level, their ability to
command household resources to cover health-care costs for children and themselves
are demonstrated by better health indicators, compared with women with only a
primary level of education or no schooling ever.
The ethnicity of women has a signicant impact on health outcomes. Lack of access to
health-care facilities in remote regions is compounded by traditional health practices
that linger within these isolated communities. Womens control over decisions within the
household is also more limited within these communities, where social practices change
slowly. These women also have some of the lowest education levels in the country.
Given that females are expected to live up to higher standards of morality regarding sexual
behavior, girls and women living with HIV face deeper levels of stigma and discrimination
from their families and communities, which thus impacts their access to health services.
Investment in improved sanitation and domestic water supply infrastructures has a
considerable impact on health outcomes for the whole family, particularly children.
Similarly, electrication not only reduces pollution from cooking in the house but
also improves the delivery of primary health services. Women usually identify these
investments as a priority but can rarely inuence community decision making
concerning the importance of these issues.
responsibilities. There are some differences in indicators for men and women for
noncommunicable diseases, for example. To improve the efficiency of health service
delivery, the causes of these differences need to be better understood.
Similarly, there is little research into health-seeking behaviors, which vary between
men and women in most countries. Incentives to bring men to health clinics to discuss
tobacco or alcohol abuse need to be understood to address the serious impact of these
behaviors on health that seem to affect more men than women.
Educate adolescent boys and girls on sexuality, sexual and reproductive health,
human rights, and gender-based violence.
Consider a range of mechanisms to reduce the number and impact of unsafe abortions.
This may require improved reproductive health courses in secondary schools and
public campaigns targeting young men to encourage greater involvement in avoiding
unplanned pregnancies.
Make the availability of contraceptives a priority and encourage the sharing of
responsibility for birth spacing more equally between husbands and wives.
UNFPA
5
GENDER EQUALITY
AND WOMENS AND GIRLS
RIGHT TO FREEDOM FROM
ALL FORMS OF VIOLENCE
Gender Equality and Womens
and Girls Right to Freedom
from All Forms of Violence
UNFPA
Gender-based violence, which impairs or nullies the enjoyment by women of
human rights and fundamental freedoms under general international law or under
human rights conventions, is discrimination The Convention applies to violence
perpetrated by public authorities States may also be responsible for private acts
if they fail to act with due diligence to prevent violations of rights or to investigate
and punish acts of violence, and for providing compensation States parties
should take appropriate and effective measures to overcome all forms of gender-
based violence, whether by public or private act
The National Strategic Plan for the Advancement of Women, (20132022) aims
to improve systems, structures and practices to eliminate all forms of violence
against women and girls and to respond to the needs of women and girls affected
by violence. This will be done through policy formulation and implementation
that includes data collection, research, advocacy, and capacity-building activities
involving government and nongovernment stakeholders and resource allocations.
5.1
Signicance of Womens and Girls
Right to Live Free from Violence
Violence against women and girls is both a manifestation of and a tool to maintain gender
inequality. All women and girls have a basic human right to live free from violence or the
risk of violence. As signatories to international conventions, states have an obligation to
eliminate violence against women and girls and exercise due diligence in preventing such
gross violations of womens human rights.
Violence against women and girls carries heavy physical, emotional, social, and economic
consequences and costs to individual women, families, communities, and the state. Out of
10 selected causes and risk factors for disability and death among women between the ages
of 15 and 44 surveyed globally in 1993, rape and domestic violence rated higher than cancer,
motor vehicle accidents, war, and malaria.325 Other physical and health consequences of
physical and sexual violence include immediate injuries (such as fractures and hemorrhaging)
and long-term physical conditions (such as gastrointestinal, central nervous system disorders,
and chronic pain); mental illnesses such as depression, anxiety, post-traumatic stress disorder,
and attempted suicide; sexual and reproductive health problems such as sexually transmitted
infections (including HIV), and other chronic conditions; sexual dysfunction; unintended
or unwanted pregnancies and unsafe abortion; risks to maternal and fetal health (especially
in cases of abuse during pregnancy); substance abuse (including alcohol); and poor social
functioning skills, social isolation, and marginalization.326
Violence against women and girls hinders poverty reduction efforts and has
intergenerational consequences. Women and girls are half of the human capital available
to reduce poverty and achieve development. Yet gender-based violence undermines
human rights, social stability, security, public health, womens educational and
employment opportunities, and the well-being and development prospects of children and
communitiesall fundamental to achieving the Millennium Development Goals. Sexual
violence deprives girls of education. For example, in South Africa in 1999, 33% of reported
rapes of girls were perpetrated by a teacher. Many girls changed schools or left school as
a result of hostility after they reported the violence, which will ultimately impacted their
employment opportunities.327
According to a study in India, a woman loses an average of at least ve paid workdays for
each incident of intimate partner violence she experiences; in Uganda, about 9% of violent
incidents forced women to lose time from paid work, amounting to approximately 11 days
a year per woman.328 A 2012 study in Viet Nam found that women experiencing violence
earned 35% less than women not abused, with overall productivity loss estimated at 1.8%
of gross domestic product.329 This included both costs associated with the provision of
325
World Bank. 1993. World Development Report 1993. Washington, DC.
326
UN Women. Undated. Virtual Knowledge Center to End Violence against Women and Girls. www.endvawnow.org/en/
articles/301-consequences-and-costs-html
327
South Africa Demographic and Health Survey: 99. Medical Research Service and Measure DHS, Pretoria, cited in
R. Jewkes and N. Abrahams. 2002. The Epidemiology of Rape and Sexual Coercion in South Africa: An Overview.
Social Science and Medicine. 55, p. 1237; Amnesty International. 2008. Safe Schools: Every Girls Right. London. p. 31.
328
Footnote 327.
329
UN Women Viet Nam. 2012. Estimating the Costs of Domestic Violence Against Women in Viet Nam. Ha Noi.
140 Gender Equality and Womens Rights in Myanmar
facilities, resources, and services to a survivor as a result of the violence perpetrated against
her (such as the cost of crisis, legal, and medical services; transport or accommodation; and
income support) as well as those incurred due to increased absenteeism, reduced workforce
participation, or the need to replace damaged household items as a result of the violence.
UNFPA
Other costs of violence are the often long-term social and psychological costs such as
the pain and suffering of survivors and/or their children, or opportunity costs such as the
loss of future employment or promotion opportunities, reduced quality of life, or lower
educational achievement of children.
A study in Australia estimated that the impact of violence against women and their children
cost the national economy an estimated A$13.6 billion in 2009 alone.330
The costs and consequences of violence against women endure for generations. Children
who witness domestic violence are at increased risk of anxiety, depression, low self-esteem,
and poor school performance, among other problems that harm their well-being and
personal development.331 In Nicaragua, 63% of children of abused women had to repeat a
school year, and they left school on average 4 years earlier than other children.332 Children,
both girls and boys, who have witnessed or suffered from gender-based violence are
330
National Council to Reduce Violence. 2009. The Cost of Violence Against Women and Their Children (Australia).
Canberra.
331
School absences were either temporary or permanent. R. Jewkes et al. 2001. Relationship Dynamics and Teenage
Pregnancy in South Africa. Social Science and Medicine. 52. pp. 733744; G.M. Wingood et al. 2001. Dating Violence and
the Sexual Health of Black Adolescent Females. Pediatrics. 107 (5); C. Garcia-Moreno and C.H. Watts. 2000. Violence
against Women: Its Importance for HIV/AIDS Prevention. AIDS. 14 (Supplement 3). S253S265; and Human Rights
Watch. 2001. Scared at School: Sexual Violence against Girls in South African Schools. New York. Cited in P.S. Pinheiro.
2006. World Report on Violence against Children. New York: United Nations. p. 130.
332
S. Larran, J. Vega, and I. Delgado. 1997. Relaciones familiares y maltrato infantl. Santiago: UNICEF.
Gender Equality and Womens and Girls Right to Freedom from All Forms of Violence 141
more likely to become victims and/or abusers later in life. Social multiplier effects include
the impact of violence on interpersonal relations and quality of life, such as the effect
on children of witnessing violence, a reduced quality of life, and reduced participation in
democratic processes. Children who witness abuse or who are victims tend to imitate and
perpetuate that behavior.333
5.2
Trends and Basis for Prevalence
of Violence against Women and Girls in
Myanmar
Data decits
There is currently no national prevalence data on various forms of violence against women.
A 2005 study that surveyed 286 married women in a Mandalay township reported that
69% of the respondents had experienced one or more incidents of domestic violence at
the hands of their intimate partner in the 12 months prior to the interview; of them, 69%
reported at least one act of psychological abuse and 27% reported at least one act of
physical assault.335 Demonstrating that this is a crime that still goes largely unreported, 93%
of the abused women did not seek any formal action following the violence.336
Open discussion on domestic violence is still sensitive in Myanmar. There are strong
connections between reporting on violence and stigma within the community, and
333
Footnote 332.
334
Breaking the Silence Project. 2013. Gender-Based Violence in Five Yangon Townships: Research Report. Yangon.
335
N. Kyu et al. 2005. Prevalence, Antecedent Causes and Consequences of Domestic Violence in Myanmar. Asian
Journal of Social Psychology.
336
Footnote 335.
142 Gender Equality and Womens Rights in Myanmar
women are often reluctant to talk about instances of marital violence due to the cultural
preference of the appearance of harmony and the shame associated with conict at
home.337 In a 2006 study, almost one-quarter of all women interviewed reported at least
one violent incident in their household, although only a few portrayed the incident as
serious. Several women would describe two people ghting with each other rather than a
woman being hit by a man.338
Public awareness of the nature and impact of domestic violence is low, compounded by a
lack of comprehensive data on the extent, causes, and consequences of violence against
women at the national level, disaggregated by age, disability, ethnicity, and other factors.
The single biggest obstacle to ending domestic violence is the cultural acceptance of it as a
family matter. The current legal reform process will have a critical role in bringing the issue
rmly into the public and policy arena and to promote commitment among stakeholders
to ensure that the interests of a range of actors are represented, including womens
organizations, government entities, service providers, and members of the criminal justice
system. Critical to the success of the process is the engagement of both male and female
gatekeepers and champions across sectors to secure broad, multisectoral support.
While available data on intimate partner violence against women in Myanmar mainly focus
on physical and/or psychological violence, global data show that sexual violence within
relationships is another prevalent form of violence against women. For instance, a recent
multiple-country study on mens use of violence found that of the 10,000 men surveyed,
around one in four reported having committed rape against a partner, ranging from 10% to
nearly 60% across sites.339
Sexual violence
As is the case for domestic violence, there is much underreporting of sexual violence.
This is largely due to the absence of safe, condential, and survivor-centered services;
the lack of updated laws on violence against women and girls; social stigma; and the deep
connections between reporting on sexual violence and the risk that survivors can encounter
over the course of reporting cases or trying to access support. Additionally, marital rape is
not a crime in Myanmar, with the Myanmar Penal Code providing an exemption for marital
rape in section 375. Specically, nonconsensual intercourse between a husband and wife is
not considered rape if the wife is older than 13. It is often common practice in Myanmar to
encourage marriage between a rape survivor and the perpetrator.
All these factors combine to create and perpetuate a culture of silence and impunity,
whereby such violence against women and girls is socially legitimized, and few perpetrators
are held accountable. In 2008, the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) Committee expressed concern over widespread
domestic and sexual violence in Myanmar, including rapenoting that it contributes to
337
R. Smith. 2006. A Hen is Crowing: A Gender Impact Study of Two UNDP Myanmar Community Development Programmes.
Yangon. p. 17.
338
Footnote 337.
339
E. Fulu et al. 2013. Why Do Some Men Use Violence Against Women and How Can We Prevent It? Quantitative Findings
from the United Nations Multi-Country Study on Men and Violence in Asia and the Pacic. Bangkok: UNDP, UNFPA, UN
Women, and United Nations Volunteers (UNV).
Gender Equality and Womens and Girls Right to Freedom from All Forms of Violence 143
cases of violence being underreported and that reported cases are settled out of court.340
The CEDAW Committee also stressed its concern that, under the law, victims of sexual
violence are forced to report to the police immediately, prior to seeking health care, and
that as a consequence, such victims choose to not seek life-saving health or psychological
support or to pursue further action, including legal action.341
There have also been reports of sexual abuse and violence against women in the communal
violence in Rakhine State.
UNFPA
340
Footnote 88.
341
Footnote 88.
342
Footnote 88.
343
See, for instance, T.O. Quintana. 2012. Progress Report of the Special Rapporteur on the Situation of Human Rights in
Myanmar. 7 March (A/HRC/19/67); and T.O. Quintana. 2013. Report of the Special Rapporteur on the Situation of Human
Rights in Myanmar. (A/HRC/22/58) 6 March.
144 Gender Equality and Womens Rights in Myanmar
Global evidence suggests that, as is the case in Myanmar, sexual violence during and in the
aftermath of conict is a present-day crisis that affects millions of people, primarily women
and girls, and is frequently a conscious strategy to humiliate opponents, shred societies, and
destroy families and individuals.344 To address this issue, the UN Security Council adopted
resolution 1820 in 2008, linking sexual violence with the maintenance of international
peace and security and demanding the cessation by all parties to armed conict of all acts
of sexual violence. Together with its follow-up resolutions 1888, 1960, and 2106, these
international commitments provide a clear legal framework for preventing and responding
to all conict-related sexual violence as a matter of urgency.
Beyond the extent of conict-related violence and its impact on women and girls, decades
of armed conict in several areas in Myanmar have also meant that community life in these
areas has focused on combat, which has led to a masculinization of priorities in decision-
making arenas and a masculine identity that is closely associated with expressions of violent
force and male power and controlattitudes that can lead to greater risk of violence
against women. When combatantsmostly malesare demobilized and reintegrated
into communities, attention to increased violence of women and children in families and
communities will be needed.345 Given the extent of conict-related sexual violence and the
trauma and stigma of victims and their families that this often results in, it will be critical to
ensure that these specic violations are not overlooked during a disarmament,demobilization
and reintegration program, transitional justice, and peace processes.346
Trafficking
Myanmar is a signicant source country for women, children, and men trafficked for the
purposes of forced labor (for example, in factories, on shing boats, or [with children] in
shops, organized begging, and street-selling operations); forced marriage; and commercial
sexual exploitation. The Peoples Republic of China, Malaysia, and Thailand are the primary
destination countries (Table 5.2).347 Although trends in human trafficking in Myanmar
remain signicantly underresearched, anecdotal evidence reveals that women experience
high levels of vulnerability and exploitation.
344
For more information and resources, see www.stoprapenow.org/about/
345
T. de Langis. 2013. Gender Analysis: Myanmar, UNCT PDCA. Yangon: UN Women. p. 8.
346
Footnote 345.
347
According to Myanmars Anti-Trafficking Unit, in 2009, 85% of cases detected by law enforcement officials involved
persons trafficked to the Peoples Republic of China; however, gures from the Department of Social Welfare indicate
that equal numbers of trafficking victims were repatriated to Myanmar via existing government-to-government
return channels from the Peoples Republic of China and Thailand.
Gender Equality and Womens and Girls Right to Freedom from All Forms of Violence 145
There are also reports of internal human trafficking of women and girls, especially from
villages in the central Dry Zone and the Delta/Coastal Zone to urban centers. Women and
girls are trafficked for labor purposes and/or subject to sexual exploitation in commercial
centers, truck stops, border towns, and mining areas.
Harmful traditional practices include customary or religious practices and rituals that have
prejudicial impact on the health, physical, or psychological integrity or the full exercise
of human rights of persons to whom they target. Within the Myanmar context, harmful
traditional or customary practices include widow inheritance, forced marriage between
rape perpetrator and survivor (in Kachin, Chin, Kayah, Mon, and Shan states), the practice
of a rapist purging his crime through payment of compensation to the village or community
(in Chin, Kachin, Mon, Kayah, and Shan states), male child preference, men as head of
household, bride price, womens ineligibility to inherit (in Chin and Kachin states), and
womens lack of participation in decision making. These practices take place in the context
of gender discrimination that permeates traditional cultural life.
Inheriting a widow is steeped in the concept of women being the property of her husband
or his family and can thus be inherited, more so when a substantial bride price had been
paid by her deceased husband. Women cannot be treated as objects to be given together
with the property of the deceased husband to his family.348 The practice of widow/wife
inheritance is a prime example of the objectication of women as propertyto be inherited
and not as a beneciary capable of inheriting from the estate of her husband.
348
UN Human Rights Committee. 2008. General Comment: Protection of the Family, Right to Marriage and Equality of
Spouses. (HRI/GEN/1/Rev.9) I. The committee monitors state compliance with the International Covenant of Civil and
Political Rights.
146 Gender Equality and Womens Rights in Myanmar
Economic violence
In many communities, women are denied the right to inherit from the estate of their
husbands or family (parents). Locking women out from an equal right to property is a form
of violence.
Not only is economic dependence a prevalent form of violence, it is one of the key risk
factors that increases the prevalence of physical and emotional violence against women.349
Strengthening womens economic and legal rights and eliminating gender inequalities in
access to education and decision making would lay concrete foundations in preventing
violence against women. The right to inherit should be equally enjoyed by both men and
women, and the law should facilitate womens economic independence by ensuring that a
woman is able to inherit an equal share of her husbands or familys estate.
Grave crimes, such as rape and sexual assault, are not suitable for mediation or
conciliation.350 Holding perpetrators accountable for violence against women is
fundamental to the principle of state accountability: it creates a level of predictability and
certainty, suggesting that perpetrators will have to answer for violence against women.351
Although the value of providing reparation to the survivor should be preserved, the practice
cannot include conciliation of the perpetrator and survivor through marriage, nor can it
serve as a substitute for prosecution and punishment of the survivor.
Myanmar does not have specic or dedicated legislation against domestic violence, although
the Department of Social Welfare is developing a comprehensive national law to prevent
violence against women. There are sections of the Penal Code (1860) that pertain to sexual
and gender-based violence.353 These include Section 375, which prohibits rape (dened as
sexual intercourse with a woman either without her consent, against her will, with consent
obtained by fear or threat of injury or death, with consent obtained through deception, or if
the woman is younger than 13, provided she is not married to the man); Sections 493498,
which address offenses related to marriage, adultery, and sexual intercourse; and Section 354,
which criminalizes assault intended to outrage a womans modesty.354 Domestic violence is
not directly covered but must be dealt with under provisions that address intentional iniction
of injury (Sections 319338) and assault (Sections 349358).355
These provisions do not adequately address womens experience of violence or reect the
contemporary values of Myanmar society, nor are they fully compliant with CEDAW.356
Section 375 creates an exemption for marital rape, unless the woman is younger than
13.357 Other weaknesses include (but are not limited to) the absence of the incorporation of
obligations under CEDAW into domestic law; the absence of the denition or prohibition of
direct or indirect discrimination in the Constitution; the inclusion of an outdated reference
to womans modesty, which is open to judicial interpretation; and the absence of legal
mechanisms for restraining orders.358 These are coupled with discriminatory and/or
restrictive provisions in a range of other areas, including family laws (such as those
linked to marriage, divorce, distribution of marital assets, inheritance rights, custody, and
guardianship), labor laws, and health laws.
In its Concluding Observations in 2008, the CEDAW Committee expressed concern for the
absence of data and information on violence against women, disaggregated by age and ethnic
group, as well as studies and/or surveys on the extent of such violence and its root causes. The
committee also urged Myanmar to strengthen its legal complaints and investigation system
and increase prosecutions and convictions so that women have effective access to justice. It
also advised that there be information dissemination on mechanisms and remedies available
to survivors as well as measures to bring perpetrators to justice.
353
Footnote 352.
354
Gender Equality Network. 2013. Myanmar Laws and CEDAW: The Case for Anti-Violence Against Women Laws. Yangon.
355
Footnote 354.
356
Gender Equality Network. 2013. Developing Anti-Violence Against Women Laws. Discussion Paper Part 1: Background
Information. Yangon.
357
Footnote 356.
358
Footnote 356.
148 Gender Equality and Womens Rights in Myanmar
The drafting of a comprehensive national law to prevent violence against women is a step
toward carrying out commitments to end violence against women. The UN Gender Theme
Group (UN Women, United Nations Population Fund, United Nations Development
Programme, with inputs from the United Nations Office on Drugs and Crime (UNODC),
and others) and the Gender Equality Network are providing technical support to the
drafting process. In addition to preparing discussion papers covering key points for debate,
the UN Gender Theme Group and the Gender Equality Network, in collaboration with the
Anti-Violence Against Women Law Drafting Working Group, are supporting consultation
processes with civil society groups, parliamentarians, and political parties. Led by the
Department of Social Welfare, member ministries of the Law Drafting Working Committee,
the Myanmar Womens Affairs Federation (MWAF), the Myanmar Maternal and Child
Welfare Association, the Womens Organization Network, the Gender Equality Network,
the Womens League of Burma, and the UN Theme Group will also collectively facilitate
consultations with civil society groups at the state and region levels.
The establishment of a specic violence against women law will ll the gaps in the existing
legislation, particularly sexual and domestic violence, and clarify issues of conict between
laws by superseding inadequate, inappropriate, or discriminatory measures. It will provide
specic provisions for domestic violence and victim support and will clarify when and
how survivors can access a range of services, where no legislation currently exists. The
new law will strengthen provisions in the 2008 Constitution and provide a denition
of discrimination that is harmonized with CEDAW. An antiviolence against women law
will also create an opportunity for training law enforcement officers and the judiciary
on gender equality and womens human rights and to create measures to monitor legal
enforcement.359
The Myanmar National Committee for Womens Affairs was formed in 1996 to support the
advancement of women. The protection of women and children from violence, trafficking,
and abuse is one of its nine critical areas of policy-related work.360 The MWAF was formed
in 2003 and has undertaken some activities under its Violence Against Women Subgroup.
These activities include disseminating information on the existing laws on violence against
women through the media and advocacy and organizing educational talks in communities,
schools, and factories, mainly targeted at women and girls. The MWAF has also opened
counseling centers in 67 townships that provide legal aid assistance to survivors and
has established complaint mechanisms for survivors of violence.361 Like many other
organizations working to increase womens empowerment, the MWAF needs more capacity
and resources to transform the underlying structural impediments to gender equality.
In 2008, the CEDAW Committee raised concerns that Myanmar did not have a more
comprehensive and effective legal system for receiving complaints, especially from women
of ethnic groups, and noted the lack of data on and analysis of complaints led with the
MWAF and their outcome.362
359
Footnote 356.
360
WHO. Undated. Myanmar Country Policies and Strategies for Combating GBV. www.searo.who.int/entity/gender/
data/myanmar.pdf
361
Phone interview with Dr. Khin Mar Tun, secretary of MWAF, in February 2014.
362
CEDAW Committee. 2008. Concluding Observation, Article 14. Geneva. p. 4.
Gender Equality and Womens and Girls Right to Freedom from All Forms of Violence 149
More recently, the Ministry of Social Welfare, Relief and Resettlement and the Gender
Equality Network launched a qualitative research study on violence against women in
Myanmar, entitled Behind the Silence.
5.3
Conclusions and Recommendations
Despite the traction on addressing violence against women and girls, implementation
challenges remain. These include data gaps, conict-related exacerbation, inadequate laws,
conventional attitudes, institutional capacity decits in rights-compliant policy making and
implementation, poor accountability and community mobilization, womens inadequate
rights-exercising capacities, and poor multisector coordination. These weaknesses require
several reforms, as the following suggestions outline.
363
These were 22 September 2013, Myanmar Womens Forum, Yangon, organized by the Womens Organizations
Network and the Womens League of Burma; 31 October 2013, Open Day on Women, Peace and Security, 2013:
Women Count for Peace: Advancing Womens Contribution to Peacebuilding in Myanmar, organized by the Ministry
of Social Welfare, Relief and Resettlement; the MWAF; and the UN to commemorate UN Security Council resolution
1325 on Women, Peace and Security (2000); 914 November 2013, National Womens Dialogue in Myanmar: Peace,
Security and Development, organized by the Womens Organizations Network, the Gender Equality Network, and
the Civil Society Forum for Peace in collaboration with Columbia University (supported by USAID); 67 December
2013, Myanmar International Womens Forum 2013 in Yangon, Women in a Fast-Opening Society, organized by the
French Embassy and the Womens Forum for the Economy and Society, with collaboration from the Ministry of Social
Welfare, Relief and Resettlement; and 2830 December 2013, The Myanmar Peoples Forum, attended by 165 local
nongovernment organizations and 650 individuals, who produced a statement with 55 recommendations under four
main categories of human rights, development, peace, and democracy.
364
Outcome Statement of the Department of Social Welfare, Ministry of Womens Affairs, and the UN, 31 October 2013,
Open Day for Womens Peace and Security, Myanmar.
150 Gender Equality and Womens Rights in Myanmar
Support capacity building and advocacy among stakeholders to collect and use data and
evidence on violence against women, including on monitoring and evaluation of policies
and programs.
UNFPA
Processes and Governance
States Parties shall take all appropriate measures to ensure to women, on equal
terms with men and without any discrimination, the opportunity to represent
their Governments at the international level and to participate in the work of
international organizations.
Subject to this Constitution and relevant laws, every citizen has the right to elect
and right to be elected to the Pyithu Hluttaw, the Amyotha Hluttaw, and the
Region or State Hluttaw. Relevant electorate has the right to recall a Hluttaw
representative in accord with the law.
The National Strategic Plan for the Advancement of Women (20132022) aims
to improve systems, structures and practices to ensure womens equal participation
in decision-making and leadership at all levels of society, through policy
formulation and implementation that includes data collection, research, advocacy
and capacity-building activities involving government and non-government
stakeholders, and resource allocations.
6.1
Signicance of Gender Equality and
Womens Rights in Political Processes
and Governance
In Myanmar as in many other countries, women participate in local and national political
processes and governance as voters, candidates for elections, elected officials, holders
of public office (elected or appointed), and as active citizens. Womens full and equal
participation with men in governance at all levels has intrinsic normative value that
demonstrates the individual and collective exercise of democratic rights and freedoms of
half the human population and a greater democratization of power relations.
However, womens equal participation with men in political processes and governance is
also efficiency-oriented. It brings womens unique perspectives, experiences, knowledge,
networks, skills, and abilities to bear on public decision making and spending relative to
womens and girls priorities. These are often different from mens and boys priorities
because of the unequal position, status, and relationship between men, women, boys, and
girls at all levels, and in all spheres of most societies. Gender also interacts with economic
status, race, ethnicity, geographical location, and other factors calling for the priorities of
different groups of women and girls (as also men and boys) to be well reected in public
policy and its execution.
Such achievement, however, requires a critical mass of women in politics and the
management of public affairs who strategically inuence the policy agenda in ways that
matter to different groups of women (and men). Such a mass of gender-aware women and
men can transform politics and governance in the direction of good governance, marked
by transparency, inclusiveness, responsiveness, and accountability. The representation
of more transformational women (and men) in public decision making can also change
conventional public attitudes and perceptions of women in political and leadership roles.
It can serve as an inspiring role model for younger women, further enhancing the critical
365
R. Chattopadhyay and E. Duo. 2004. Women as Policy Makers: Evidence from a Randomized Policy Experiment in
India. Econometrica. 72 (5). pp. 14091443.
366
K. Bratton and L. Ray. 2002. Descriptive Representation, Policy Outcomes, and Municipal Day-Care Coverage in
Norway. American Journal of Political Science. 46 (2). pp. 648657.
367
N. Kabeer. 1999. Resources, Agency, Achievements: Reections on the Measurement of Womens Empowerment.
Development and Change. 30 (3). July. pp. 435464.
154 Gender Equality and Womens Rights in Myanmar
mass of women in public decision making and public affairs. This was conrmed by
women community leaders in Myanmar who constituted more than half of the executive
committees of 34 community-based organizations in a 2013 study on womens community
leadership.368
As voters, women can assert themselves as a distinct and potent constituency that can
leverage the interests of women or particular groups of women, including in a gender
equality agenda. For example, the rst womens electoral manifesto in Africa was launched
in Botswana in 1993 by Emang Basadi, a womens organization, while political parties
were crafting their election manifestos for the 1994 general elections. Women used the
electoral manifesto in political education programs and popularized it widely. By 1999,
following initial resistance to that manifesto, all parties had changed their primary election
procedures to allow for broader participation by members in candidate selection and
for more women contestants than ever before. Womens wings of political parties began
monitoring their own parties for progress in meeting the womens electoral manifesto
demands and to report to the annual Emang Basadi conferences.369
The inclusion of women and their priorities at all levels of public decision making and
management is fundamental to achieving good governance, sustainable peace, and
development.
UNFPA
368
Oxfam, ActionAid, and Care International. 2013. Womens Participation in Public Life in Myanmar. Yangon.
369
A.M. Goetz, ed. 2009. Governing Women: Womens Political Effectiveness in Contexts of Democratization and Governance
Reform. New York: Routledge.
Gender Equality and Womens Rights in Political Processes and Governance 155
Because of Myanmars new path of democratic governance, this chapter explores the
following three issues:
(i) How has Myanmar met its gender equality and womens rights commitments to
including women and their priorities (especially for the most excluded women)
equally with men in political processes and governance?
(ii) What are the obstacles to ensuring gender equality and womens rights in political
processes and governance?
(iii) What enables women and men in decision-making positions to deliver on a
gender-responsive policy agenda and to ensure womens equal participation with
men in political processes and governance?
To explore these issues, this chapter draws on good practices in Myanmar and from around
the world.
6.2
Trends in Womens Participation in
Politics and Governance in Myanmar
A unique feature of womens political participation in Myanmar, dating back to the colonial
period and continuing into the present, is the collective mobilization and mass action
for broader political goals, such as freedom from colonial rule, democratic governance,
or for gender equality and womens rights. By contrast, however, Myanmar womens
representation in formal political decision making and governance is lacking.
This section explores trends in womens participation as candidates for elections, elected
officials, and holders of public office (elected or appointed), at different levels of the
Parliament, executive, security, and justice sectors, including the quasi-judicial institutions.
It also explores, to the extent the available data allow, womens participation as voters and
as active citizens through civil society groups, including womens and community-based
organizations.
Parliaments are central to the process of democratization and good governance. They
represent the formal interface between citizens and government. They ensure that
government addresses the rights of its citizens by reviewing and approving policies,
legislation, plans, and government budgets, and holding the executive branch accountable
for the effective use of resources.
According to the 2008 Constitution, Myanmar has two levels of elected parliaments
(Hluttaws)at the union or national level and at the level of regions and states. At the
national level, the Union Parliament (Pyidaungsu Hluttaw) consists of two chambersthe
Lower House or Peoples Assembly (Pyithu Hluttaw), which has 440 seats, and the Upper
House or Nationalities Assembly (Amyotha Hluttaw), which has 224 seats. The Peoples
Assembly and the Nationalities Assembly are generally equal in status. The Constitution
156 Gender Equality and Womens Rights in Myanmar
UNFPA
provides for the direct election of 75% of the members of both chambers, with the
remaining 25% appointed by the commander-in-chief of the defense services. Of the 110
military appointees in the 440-member Peoples Assembly, there are currently two women
appointees.370 The Constitution provides for a unicameral parliament for each of the seven
states and seven regions (for a total of 14 Parliaments). At the region and state levels, the
proportion of military representatives is also one-quarter.371
In its oversight role, the Parliament needs to ensure that the priorities of women, especially
the most excluded and other marginalized groups, are well entrenched in policies, programs,
plans, and budgets. This is facilitated largely by the strength of representation and inuence
of women at all levels of the Parliament. Of the total number of 104 women who stood
for Parliament at all levels in the November 2010 election, 45 women were elected as
members of Parliament (either the Union or region/state level). Women constituted 4.3%
of the Peoples Assembly, 4.9% of the Nationalities Assembly, and 3.8% of the region and
state representatives in the Parliament that was convened for the rst time in January 2011.
The total gure increased by 50% with the addition of 10 women to the Peoples Assembly
after the April 2012 by-elections (Table 6.1).
370
See www.mizzima.com/mizzima-news/politics/item/10815-rst-women-military-officers-appointed-to-
parliament/10815-rst-women-military-officers-appointed-to-parliament. The rst women officers of the rank of
lieutenant colonels were appointed to the military bloc in the Peoples Assembly when it reconvened in January 2013;
it had convened nearly 3 years previously, after the 2010 elections.
371
Footnote 14, pp. 1314.
Gender Equality and Womens Rights in Political Processes and Governance 157
As of 2013, 53 women (4.6%) held elected seats at all levels of the Parliament in
Myanmarboth chambers of the Union Parliament and in the region and state parliaments;
24 women (7.5%) held elected seats in the Peoples Assembly, 4 women (2.4%) held
elected seats in the Nationalities Assembly, and 25 women (3.8%) held elected seats in the
region and state parliaments.
This representation is low when compared with Cambodia (21.1% in its Lower House),
the Lao Peoples Democratic Republic (25.2%), and Viet Nam (25.8%).372 According to
the Inter-Parliamentary Union, the percentage of women in Myanmars Lower House
ranks 132nd of 144 countries, and the percentage of women in the Upper House is tied
with Yemen for the lowest of any upper house in the world.373 Myanmar still has a long way
to go to reach the target of 30% that was envisaged in the Beijing Platform for Action as
necessary to achieve a critical mass of womens representation.
372
UN Country Team in Myanmar. 2011. Thematic Analysis 2011: Achieving the Millennium Development Goals in Myanmar.
Yangon. pp. 2324.
373
Global Justice Center. 2013. The Gender Gap and Womens Political Power in Myanmar/Burma. Yangon.
158 Gender Equality and Womens Rights in Myanmar
UNFPA
The current situation represents some progress when compared with womens
representation in the national legislature from 1974 to 1985, in the multiparty democratic
elections of 1990, and in the national conventions of 1993 and 20052008,
as shown in Table 6.2.
There are four constitutionally mandated committees or standing committees for each
houseBills Committee; Public Accounts Committee; Hluttaw Rights Committee; and
Governments Guarantees, Pledges and Undertakings Vetting Committeeand a Defense
and Security Committee when the occasion arises but for a limited time. Both houses of
the Union Parliament can form additional committees as needed, and there are indeed a
number of other committees (see Appendix).
According to available data, womens representation in the standing committees was low,
and ranged from 6.6% to 20% (Table 6.3).
Myanmar has four levels of government administration: (i) national, (ii) region and state,
(iii) district and township, and iv) ward and village tract.
National level
Since a new administration took office in 2011, the number of women assigned to
ministerial and deputy ministerial positions has increased.374 Presently, eight women
hold cabinet positions at the national level. These include two women ministers out
of 36 positions (one is minister of social welfare, relief and resettlement, which is the
374
Women ran for office after Burmas independence in 1948. Naw Ba Maung Chein of Karen State became the rst
and only female cabinet minister. Daw Khin Kyi, mother of pro-democracy leader Daw Aung San Suu Kyi, became an
emissary to India and was the rst and only female ambassador. There were no women in the leadership of the State
Law and Order Restoration Council or in the State Peace and Development Council other than one female director
general under the State Peace and Development Council.
160 Gender Equality and Womens Rights in Myanmar
focal ministry for womens affairs, and the other is minister of education) and six deputy
ministers. The six deputy ministers represent the ministries of Social Welfare, Relief
and Resettlement; Health; Culture; Environmental Conservation and Forestry; National
Planning and Economic Development; and Labour, Employment and Social Security.375
40 35.4
34.1 34.7 32.6 36.4 36.9
31.0
30
20
10
0
20042005 20052006 20062007 20072008 20082009 20092010 20102011
By sector, the largest proportion of women employees is found in the Ministry of Science
and Technology, constituting 74% of the total employees, and 65% at the management level
(deputy director or equal and above). This perhaps reects the larger proportion of women
graduates in science and technology, when compared with men.378
375
Department of Social Welfare data, 2014.
376
This study considers deputy director level and its equivalent to be mid-managerial positions.
377
Footnote 139.
378
Footnote 139.
Gender Equality and Womens Rights in Political Processes and Governance 161
Despite the overall increase in the proportion of women employed in public service, there
are several concerns:
Since 2002, women have had a marginally higher unemployment rate compared with
men. Consequently, the number of women seeking jobs has been greater than men.379
According to the Department of Labor, the number of job seekers registering at the
Labor Registration Offices throughout the country, particularly for government jobs, was
larger for women from 19992000 through 20082009. As previously cited, the 2012
UNDP Preliminary Situation Analysis of Democratic Governance in Myanmar noted that
in 2011, 2,000 out of a total of 2,400 applicants for 50 vacancies in the Foreign Ministry
were women380 (no data was provided for how many women were ultimately hired).
Women hold only 1.5% of the most senior civil service positions such as director-general
or managing director. There are currently only three women directors-general across all
government departments: at the Foreign Economic Relations Department, the National
Planning and Economic Development, and the Historical Research Department.381 The
proportion of women in senior decision-making positions in the Ministry of Science and
Technology, which has the largest proportion of womens representation, is also low,382
indicating the glass ceiling and other barriers to women reaching senior positions.
According to its 2012 data, the Ministry of Foreign Affairs had 1 woman ambassador,
1 woman director-general, and 11 men and 36 women occupying the position of third
secretary. In January 2013, the Ministry of Foreign Affairs had one woman director-
general, and women constituted 41.6% of officer positions and 40.1% of staff positions.
In December 2014, women constituted 47.1% of the officer cadre and 53.9% of the staff
positions.
Despite better representation, wage gaps weighted against women and persist in
government administration.383
The civil service continues to designate certain positions suitable only for men and can
block applications from women. As previously noted, the Union Civil Service Board
made up of ve male membersis responsible for the recruitment of the lowest level of
gazetted civil services officers and their training. Despite the constitutional guarantees
of no discrimination in government employment, vacancies are still listed as male-only
positions.384 This may be due to Article 352 of the Constitution that states: However,
nothing in this Section shall prevent appointment of men to the positions that are
suitable for men only.
The Union Civil Service Board is also responsible for collecting data and research
concerning the civil service. This board could take a role in researching the causes of
womens poor promotion record despite their overall high representation in the civil service.
379
Footnote 144.
380
Footnote 14, p. 36.
381
Footnote 139.
382
Footnote 139.
383
UNDP. 2009. Human Development Report, Myanmar. Yangon.
384
Footnote 14, p. 36.
162 Gender Equality and Womens Rights in Myanmar
the minister of nance and revenue in Yangon Region; and the minister of social affairs in
Ayeyarwady Region.385
Available data conrm that women are relatively well represented in state administrative
organizations, albeit with a greater concentration at the lower levels. Data for 20102011
show that of the total staff in state administrative organizations, 53% were female. The
proportion dropped signicantly in 2012 (to 34%) at the management levels of deputy
director or its equivalent and above.386
Township level
There are no women township administrators in Myanmar. Township administrators are
the key decision makers at that level, and they are appointed by the General Administration
Department.387
ADB
385
Footnote 375.
386
Footnote 139.
387
H. Nixon et al. 2013. State and Region Governments in Myanmar. Yangon: MyanmarDevelopment Resource
InstituteCentre for Economic and Social Development, and The Asia Foundation. pp. 9, 11, 13. Cited in
P. Minoletti. 2014. Womens Participation in Subnational Governance of Myanmar. Discussion Paper No. 3.
Yangon: MyanmarDevelopment Resource Institute and The Asia Foundation.
388
UNDP. Forthcoming. Local Women Leadership: Lives and Perspectives of Myanmar. Yangon.
Gender Equality and Womens Rights in Political Processes and Governance 163
It is critically necessary that women have a greater role in decision making as government is
decentralized because it is particularly at the lower levels of administration that real access
to resources and benets and the impact of it occur. More decisions are also made at this
lower level. Women should be actively inuencing decisions not only because it is their
right but also for practical reasons. When infrastructure for improved water and sanitation
is planned, those who use and manage the new facilities need to ensure that its design
and location are user-friendly. Many years of evaluation of infrastructure investments
demonstrate that sustainability is maximized when all direct users are involved in planning
and managing projects. Experience in many other countries has demonstrated that when
infrastructure such as roads, electrication, and transport is improved, women increase
their income and employment rates at a faster pace than men.389 Their participation is thus
required to maximize their potential benets.
As of June 2013, there were 55 political parties in Myanmar.390 The two largest parties at
that time were (i) the Union Solidarity and Development Party (USDP), led by President
U Thein Sein, which had the most senior members from the former military leadership,
holding an overwhelming majority in the Parliament, and with most senior government
officials recruited from its ranks; and (ii) the National League for Democracy (NLD), led by
Daw Aung San Suu Kyi.
Political parties are an important mechanism for womens political participation. They need
to understand womens political leverage as a voting base and to shape political platforms
to appeal to women voters by recruiting more women members.
Table 6.4 reects the proportion of women members of the Parliament (MPs) by political
party, indicating the need for womens improved participation in leadership roles in political
parties because of the potential to inuence or shape party platforms and parliamentary
positions and decisions. Of the 17 political parties (and military appointments) represented
at the various levels of Parliament, 10 parties (as of 2012) had women representatives in a
Parliament. This constituted a total of 53 women (4.6%) seats at all levels of Parliament
both chambers of the Union Parliament and in the region and state parliaments; 4 women
(2.4%) in the Nationalities Assembly; 25 women (7.8%) in the Peoples Assembly; and 24
women (3.6%) in the regional and state parliaments.
Only two of the 10 parties (USDP and National Democratic Force) had womens
representation at all levels of Parliamentin both chambers of the Union Parliament
and in the region and state parliaments, together constituting 26 MPs (3.1%); 4 women
389
Footnote 105, pp. 155156.
390
The number keeps changing as the Union Election Commission keeps registering newer parties. Apart from the two
main parties, there are the smaller parties such as the National Democratic Front, a splinter party from the NLD, and
the Democratic Party that contested the 2010 elections. Both have marginal representation in Parliament; registered
ethnic parties that largely contested the 2010 elections were brought together in the growing National Brotherhood
Forum, with overall 157 MPs; ethnic parties that followed the NLDs boycott of the 2010 elections (so-called 1990
parties) are currently in the process of reregistration; National Union Party, which holds the legacy of the
pre-1990 Ne Win regime, represented in the Union Parliament with 17 seats; and smaller ethnic parties with localized
constituencies or shadow parties of the bigger parties in Myanmar. See The Carter Center, Electoral Reform
International Services and Democracy Reporting International. 2013. Needs Assessment Report. Yangon, Atlanta,
London, and Berlin.
164 Gender Equality and Womens Rights in Myanmar
in the Nationalities Assembly; 7 in the Peoples Assembly; and 15 in the region and state
parliaments. Two of the 10 parties (NLD and the Shan Nationalities Democratic Party)
did not have women MPs in the Nationalities Assembly, but had representation in the
Peoples Assembly and in the region and state parliaments, holding together a total of 20
womens seats (13 in the Peoples Assembly and 7 in the region and state parliaments).
The Democratic Party Myanmar had a total of two women MPs in the region and state
parliaments. The other ve parties (AMRDP, RNDP, UDPKS, PSDP, CNPsee Table 6.4 for
party names) each had one woman representative in the Peoples Assembly.
It was difficult to obtain data on womens proportion of the total membership of the
17 political parties represented in Parliament (at the least) on party policies (such as special
temporary measures or party manifestos) that include a gender equality agenda and on
womens wings of political parties. According to Nyo Nyo Thinn, a member of the Yangon
Region Parliament, In the 2012 by-elections, a third of the 43 NLD candidates were women,
and all 10 won the elections. After the 2012 elections, NLD issued instructions saying that one
youth and one woman representative each would be elded in the future for representation
on township committees. The National Unity Party [NUP] has placed womens issues on
their agenda. The NLD and NUP have womens wings. Activities include organizing events,
providing hospitality, fund-raising, capacity strengthening for womens political participation.
The NUP womens wing has published a book on women in politics in Myanmar.
The Union Election Commission Law 2010 established a Union Election Commission and
regional and state subcommissions to administer the elections. The commission selects the
date for the elections, develops electoral procedures and regulations for political parties,
supervises the elections, prepares voters lists, delimits constituencies, postpones elections
for constituencies where free and fair elections cannot be held due to natural disasters or due
to local security situations, and establishes mechanisms for and hears electoral disputes.
With the exception of poll workers who are recruited among teachers (from the Ministry of
Education and are predominantly women), the Union Election Commission lacks a gender
balance. Only one of its seven commissioners is a woman. There is no woman among the
senior staff of the chairmans office, nor at the director level within the secretariat. Only two
of its nine deputy directors are women.
The subcommissions are composed of six general appointees and nine government
representatives. The subcommissions are in place in 14 regions and states, 64 districts,
7 special zones, 330 townships, and 100 villages and village tracts. No breakdown by
sex exists. However, it appears that the six trusted persons on these subcommissions,
many of them retired, are men. If there are a few women, they are not chairpersons. All
14 chairpersons of the region or state subcommissions are men, and most likely the same
is true among the chairpersons of the districts, townships, and wards or village tracts.
The Union Election Commission is encouraged to collect sex-disaggregated data on its
subcommissions membership.
Given the current level of womens representation in electoral support commissions and
the expressed willingness of commissions to enhance womens participation, sessions
on womens participation in the electoral process within overall capacity-strengthening
workshops are being organized by development partners and election subcommissions
at different sites. Chairpersons at the region and state levels are encouraged to improve
womens participation when selecting the workshop candidates. Overall, women have
constituted 16% of the workshop participants thus far, drawn largely from civil society
organizations.
166 Gender Equality and Womens Rights in Myanmar
The security sector is mandated to guarantee the safety and security of citizens, including
women. Gender-sensitive and rights-oriented mandates, standard operating procedures,
and a critical mass of capable personnelwomen (and men) in the security sector could
ensure this. The security sector in Myanmar consists of a range of actors, including the
police, military, nonstate ethnic armed groups, and government-organized groups for
security at the village level.
Although like Myanmar, a small ratio of female to male staff is common in police forces of
many neighboring countries such as Bangladesh (2%3%), Indonesia (3.5%), India (5.5%),
Thailand (6%), Malaysia (12%), and the Peoples Republic of China (15%), the gures for
the United Kingdom, Australia, and New Zealand are much higher, with females comprising
around 30% of the police force.391
Although this situation analysis was not able to access exact statistical data, available data
show there are women doctors, a large number of female nurses, and some women in
administrative positions in the military medical corps. Three women from the military are
currently appointed as parliamentarians in the Nationalities Assembly. None of them hold a
rank higher than colonel.
By contrast, some of the nonstate ethnic armed groups have female combatants who were
trained for their role. Exact numbers are unavailable.
391
United Nations Office on Drugs and Crime (UNODC). The Myanmar Police Force: An Inventory and Overview
Towards Informed Assistance. Unpublished.
392
Footnote 368, p. 3.
Gender Equality and Womens Rights in Political Processes and Governance 167
As for cases, the Supreme Courts latest available records show approximately 300,000
cases handled in 2011. Approximately 250,000 of them were criminal cases, and only
50,000 were civil cases. There was no further breakdown by type of case for gender
analysis on cases led, tried, prosecuted, or resolved.395
The attorney general and his office deal with various aspects related to the establishment
of the rule of law.396 The institution of the attorney general includes 14 advocates general in
the regions and states (who are also members of their respective government397) as well as
district and township law offices, and additional offices in the six self-administered areas.
There is also a large proportion of women working in the Union Attorney Generals Office,
but this seems to follow the pattern of government hiring from a large turnout of women
graduates rather than specic efforts to ensure a gender balance on the prosecution side
of the judicial system. There has never been a female attorney general, a female deputy
attorney general, or a female director general in the Attorney Generals Office.
However, womens representation in the judicial system in Myanmar looks promising when
compared with other countries in the region. The UN Women report Progress of the Worlds
Women: 20112012 noted that only a quarter of judges and around one-fth of prosecution
staff in East Asia and the Pacic were women at that time. In South Asia, women comprised
9% of judges and 4% of prosecution staff during 20112012. Caution should be exercised when
considering the proportion of women judges in Myanmar as an indicator of gender sensitivity
of the judiciary because the quality of training for these positions needs to be enhanced;
informal discussions indicated that these jobs are not considered as prestigious as in some other
countries.
393
Footnote 14, p. 27.
394
Footnote 14, p. 27.
395
Footnote 14, p. 27.
396
The attorney generals functions include legal advice to the President, the speaker, or any ministry, including on
matters relating to international law; appearing on behalf of the state at the Supreme Court; prosecuting criminal
cases; representing the state in civil cases; as well as a range of other duties regarding legal matters. The Union
Attorney Generals Office, which also supervises all legal and administrative matters of all law offices nationwide,
has four departments: (i) Legal Drafting Department, which vets and advises on all draft laws, order, and directives,
and also translates laws; (ii) a Legal Advice Department, which advises Union-level organizations on international
treaties, Memorandum of Understanding, and investment contracts; (iii) a Prosecution Department; and (iv) an
Administration Department, which is in charge of personnel, training and information technology, budget, and
research.
397
The Constitution (article 266) as well as the Attorney General Law (paragraph 24) stipulate that the Advocate-
General of the Region or State [] shall be responsible to the Attorney-General or to the relevant Chief Minister of the
Region or State. How these reporting lines play out in a case of conicting instructions is not clear.
168 Gender Equality and Womens Rights in Myanmar
The Human Rights Commission was set up by Presidential Decree in September 2011,
presumably in response to international encouragement, such as those expressed in the
context of the Universal Periodic Review at the Human Rights Council. The 15-member
Human Rights Commission, which includes a number of former ambassadors and retired
civil servants, has three women members.400
Myanmar has a plurality of legal systems. While there is currently a large body of
human rights-related reporting, often provided through nongovernment organizations
(NGO), there is little rigorous research on womens access to justice. Data and analysis
disaggregated on the basis of sex; economic status; and on access to and use of different
legal systems regarding criminal, civil, and family matters, especially at the subnational level
and in areas of protracted conict, are not easily available. UN Women (in Chin, Mon, and
Kachin states and Yangon Region) and the United Nations Development Programme (Shan
State, Mandalay Region, and Ayeyarwady Region) have begun work on womens access to
justice, with civil society partners and government support.
Women as voters
Voters renew mandates of parties and politicians or vote them out of power through elections.
Elections also ensure that political representatives are authorized to act upon the interests of
citizens in general and specic constituencies in particular. It is critical to assess the proportion
of women voting and the strength of women as a constituency because it demonstrates exercise
of rights and active citizenry. Also, in many contexts, womens votes suggest the emergence
of an identiable constituency. This situation analysis was not able to access any data on the
proportion of women who voted in elections in 2010 or 2012 or their voting behavior.
which decision makers can act. They derive much of their political legitimacy from their
efforts to collectively represent the interests of women, especially the most excluded whose
voices do not easily reach decision makers, and to hold decision makers to account.
Women have been active participants in the long and sustained struggle for democratic
governance, particularly in 1988 and thereafter, through groups operating within and from
outside the country. The governmentcivil society relationship has long been marked by
distrust, with civil society perceived as political opposition. This relationship has been
changing gradually since the opening up, especially after cyclone Nargis, providing the
opportunity for joint governmentNGO work on national priorities.
The devastation caused by cyclone Nargis drove Myanmar women and men to respond to the
humanitarian crisis in every way possible, leading to a proliferation of NGOs. UN agencies and
international NGOs had a leading role in disaster response under the aegis of cluster working
groups. Women in Myanmar also demanded a womens protection technical working group
UNFPA
402
Some of these include the Burmese Womens Union, the Burmese Womens National Council, the Burmese Womens
Association, and the Dhama Thuka Association. See Burmese Womens Union and Assistance Association for
Political Prisoners in Burma. 2004. Women Political Prisoners in Burma. www.aappb.net/joint_report.html
403
A womans group led by Daw Mya Sein opposed such gender discrimination.
170 Gender Equality and Womens Rights in Myanmar
under the protection cluster, through which they responded to the needs of women during and
in the aftermath of the Nargis disaster. Following the relief and recovery phase, the womens
protection technical working group transitioned into a much larger interagency network, the
Gender Equality Network, which now addresses broader gender and development issues.
According to the Myanmar Information Management Unit, in late 2012, there were
102 NGOs in the country, with roughly 24% reported to be working in protection and
gender equality-related activities. The Gender Equality Network has affiliations to about
100 womens organizations that respond to a range of gender equality and womens
empowerment issues. The Womens Organization Network, with 29 affiliates, and the
NGO Gender Group, with 25 affiliates, are the other networks also linked to the Gender
Equality Network. These networks and their affiliates focus on ending all forms of violence
against women, womens economic empowerment (livelihoods and employment creation,
land rights, women in business, access to microcredit and nance, and the formation of
savings groups), women and the environment and climate change, international human
rights standards including CEDAW and UN Security Council resolution 1325, womens
participation in leadership and decision making, and womens peace and security (women
in peace negotiations, peace monitoring, and peace building).
Womens groups in partnership with the UN and other international development partners
have been undertaking research, reviewing legislation, advocating for policy reform,
providing services (health and nutrition, counseling, legal aid, safe housing, etc.), raising
public awareness, and building capacities and awareness of duty bearers to address these
issues in policy formation and implementation. They have also been strengthening the
capacities of the larger constituency of women to claim their entitlements.
Apart from the gender equality and womens rights-based NGOs, the Local Resource Center
directory for 2012 listed other broader development-oriented NGOs that incorporate a
gender perspective in their work. Although most gender equality-focused NGOs tend to
be headed by women, only 10 of the 50 international NGOs listed had women in senior
leadership positions, and only 31 of the 118 local NGOs were led by women.
Even as democratic space expands within Myanmar, progress is not linear. It is fraught with
imperfections, legacies from the past and, in some cases, reversals. A current constraint
that all civil society organizations are struggling against is their obligation to register under
the restrictive 1988 Registration Law that was promulgated shortly after a popular uprising
against the former government. Failure to register brings the risk of being charged under
the Unlawful Association Act, with severe penalties. Registration requires presentation
of information about a civil society organization, including nancial data and a list of
board members, who are all required to conrm that they are free from partisan political
involvement. A reference from a counterpart government ministry is also required. The
application must be submitted to the local township administration office where the civil
society organization is located and is then forwarded to Nay Pyi Taw for registration.
According to a 2012 study, several NGOs, including womens NGOs, reported that it could
take 36 months for the application to be received in Nay Pyi Taw and then as long as
8 months to 1 year to be registered.404 This can prevent access to funding from
404
Local Resource Center. 2012. A Review of the Operational Space and Opportunities for Civil Society Organizations in
Myanmar. Yangon. p. 6.
Gender Equality and Womens Rights in Political Processes and Governance 171
UN agencies and civil society groups have been advocating with the government and
have provided technical inputs and recommendations to the draft of the Association
Registration Law. The UN advised the Union Parliament in 2013 on how the draft could be
improved. The law was passed by Parliament in June 2014. It does not carry penalties for
nonregistered civil society organizations.405
6.3
Enablers and Obstacles to Womens
Improved Representation in National
and Local Governance and in the
Security and Justice Sector in Myanmar
A culture of gender equality determines womens participation in politics, public affairs, and
governance processes. Women in Myanmar, as elsewhere, have constitutional rights that
guarantee equality between men and women in various spheres of life, including the right to
elect and be elected to public office. The widespread perception that the public terrain of
politics and public affairs is male space and that women relegated to domesticity do not
make good leaders tends to underpin electoral laws, processes, and institutional cultures,
especially those of political institutions, families, communities, and wider society, including
the media. This poses strong barriers to womens participation in politics and governance.
Because women were traditionally barred from serving in masculine combatant roles
in the military, they were obstructed from occupying leadership positions in the country.
Womens condence and capacity need strengthening as a result of this history of exclusion
and their gender-biased education or lack of formal education. Even where such capacity
strengthening may exist, womens political engagement may be constrained by the lack of
childcare support and competing demands on their time arising from domestic, income-
earning, and other responsibilities as well as the overall lack of public safety and security
and the fear of violence. Finally, women are more cash-strapped than men when it comes
to nancing campaigns. Once elected, the remuneration may not suffice for what may be
an almost full-time job in politics.
405
The Irrawaddy. 2014. Union Parliament Passed NGO Law. 1 July.
172 Gender Equality and Womens Rights in Myanmar
By contrast, proportional representation tends to allow more women to compete and win
because it has multimember constituencies in which seats are assigned in proportion to
the percentage of votes that parties win. This system encourages parties to broaden their
appeal by placing women on their party lists. In some cases, in which parties mandate
the percentage of women to be included on listsas in the rule of every second seat a
womanthe positive outcomes for women can be signicant. Of the 59 countries that
had parliamentary elections in 2011, for instance, women won 22.6% of the seats in the
countries using proportional representation, compared with 18.1% of the seats in countries
with the plurality-majority electoral system, and 19.1% in those with a mixed system.
Where women were appointed to a chamber in 2011, they represented, on average, 15.2%
of members.406 In Cambodia, the proportion of women elected as commune councilors
increased from 8% in 2002 to 14.6% in 2007. This was largely attributed to women being
ranked high on party lists.407
406
Inter Parliamentary Union. 2011. Women in Parliament in 2011: The Year in Perspective. Yangon. www.ipu.org/pdf/
publications/wmnpersp11-e.pdf
407
Government of Cambodia. 2008. A Fair Share for Women: Cambodia Gender Assessment, 2008. Phnom Penh. p. 146.
Cited in UNIFEM (now UN Women). 2009. Time for Action: Implementing CEDAW in Southeast Asia. Bangkok.
Gender Equality and Womens Rights in Political Processes and Governance 173
Of the 59 countries that held elections in 2011 for lower or single parliamentary houses,
26 had implemented special measures to increase womens representation. Legislated
electoral quotas were used in 17 countries holding elections in 2011. In those countries,
women won 27.4% of seats, as opposed to 15.7% of seats in countries without any form
of quota. In the nine countries where certain political parties adopted voluntary quotas,
women won 17.2% of the national parliamentary seats.408 Norway and Spain, for example,
have introduced quotas based on the principle of a balanced gender presence that apply to
both men and women and aim to contain the dominance of either group in Parliament to a
maximum of 60%. This has enhanced womens political representation.409
Political parties
In democratic contexts, political parties are key channels for political participation,
representation of particular group interests (including women), and for changing attitudes
to womens leadership. Although hard data on women in political parties does not exist,
it appears through observation and discussion with parliamentarians and civil society
groups that in Myanmar, as in many other parts of the world, political parties have been
slow to respond to enhancing womens political participation. They need to better address
entrenched barriers that women standing for elections encounterthe need for capacity
strengthening to assume political leadership, cultural attitudes that see men as natural leaders
in the public sphere and women as natural homemakers, the aggressive confrontational
style of political contests that tends to marginalize women, and the need for childcare
support and campaign nancing for women related to the inadequate investment by political
parties in women candidates. Womens membership and position in political parties tend
to be inuenced by gender stereotypes in which men tend to be public gures, leaders, and
decision makers while women tend to have more supportive roles.
UN Women has documented the ways in which different countries have responded to
this barrier (in political parties) to womens political participation.410 In some countries,
electoral law, other laws, party rules, and procedures provide for political parties the means
to introduce voluntary or mandatory quotas for women in winnable leadership positions
or as party members. In the Philippines, electoral reforms brought about the introduction
of the party list system. This enhanced representation of women and other excluded
sectors normally marginalized by mainstream political parties in the legislature advanced
a legislative agenda on gender equality and womens rights issues.411 In South Africa,
408
Footnote 405.
409
Inter-Parliamentary Union database. Undated. Women in Parliaments. www.ipu.org/wmn-e/world.htm (accessed July
2008); IDEA Global Database of Quotas for Women. 2008. www.quotaproject.org/ (accessed July 2008). Cited in
A.M. Goetz et al. 2008. Progress of the Worlds Women 2008/2009: Who Answers to Women? Gender and Accountability.
New York: UN Women.
410
A.M. Goetz et al. 2008. Progress of the Worlds Women 2008/2009: Who Answers to Women? Gender and Accountability.
New York: UN Women.
411
With the enactment of the Party List System Law in 1995, excluded groups such as women, workers, and farmers
were able to transcend some of the obstacles to their participation and form sector-based parties to contest 20%
of the 250 seats in the Philippine House of Representatives. Under the law, each voter has two votes when electing
members of the lower house: one for the individual district representative and another for the sector party of their
choice. To win a seat, a party should obtain at least 2% of the total number of votes cast in the entire country and can
be awarded a maximum of three seats in the Parliament. See Commission on Elections, Republic of the Philippines.
www.comelec.gov.ph (30 July 2008); Congress of the Philippines, House of Representatives, and Gabriela Womens
Party. Undated. About Gabrielas Womens Party. http://gabrielawomensparty.net/about (accessed 30 July 2008).
Cited in A.M. Goetz et al. 2008. Progress of the Worlds Women 2008/2009: Who Answers to Women? Gender and
Accountability. New York: UN Women.
174 Gender Equality and Womens Rights in Myanmar
the Municipal Structures Act species that parties should seek to ensure that 50% of
candidates at the local level are women, but no penalties are imposed.412 In some countries,
political parties have introduced quotas for women. The African National Congress has
a 30% quota for women and a 50% quota for women on party lists at the local level.413 In
some countries, political parties have provided platforms addressing gender equality issues,
while in other countries, all womens parties or parties with a robust gender equality and
womens empowerment agenda have been established.
Although women have been strongly engaged in mass politics in Myanmar, there is need for
concentrated capacity building on a spectrum of conceptual, process-related, institutional-
building issues related to democratic governance, in the context of the larger reform
agenda. This is especially important for women, given their late entry into formal politics
and governance.
Women are seen to lack the organizational, leadership, and other valuable skills related to
holding formal public officepolicy making, planning, budget formulation, presentation,
public speaking, strategic advocacy, peoplemanagement skills, and public sphere
negotiations. This perceived lack of ability is linked to womens exclusion, particularly from
formal participation in public affairs in the past. Unlike men, women are rarely socialized
into leadership roles by families, leaving them few role models to emulate.415 There are
important examples of women who have been trained by civil society groups in Myanmar
taking leadership roles in local governance.416
Even where capacity strengthening for women may be provided, women may be unable
to take advantage of such opportunity. They may be constrained by competing demands
412
Footnote 410, p. 24.
413
Footnote 410, p. 24.
414
Footnote 368, p. 59.
415
Footnote 368, p. 59.
416
Footnote 368, p. 59.
Gender Equality and Womens Rights in Political Processes and Governance 175
on their time arising from their domestic responsibilities, including childcare, employment,
and other community roles. In the Oxfam, ActionAid, and Care International 2013
community-level study, male respondents expressed concern more frequently than females
that women would neglect their household duties if they became involved in community
affairs. When discussing how women and men who are involved in local affairs balance
it with household work, all respondents prioritized community work. Men often handed
their household duties over to their wives, whereas it was common for women to complete
their household duties by working longer hours and sleeping less, even if some reported
support from spouses and children. Women who are involved in committees often nd it
difficult to consistently attend meetings. In women-only committees, this is understood
and accommodated, with other members covering for those who are absent. But for many
men, womens inconsistent attendance becomes annoying and is sometimes used as an
argument for why women should not engage in public affairs.417
The lack of family and community support may manifest in the lack of childcare support,
including by the state; domestic violence and community gossip, slander, or violence
also can deter women from participating in political decision making and public affairs.
Myanmar women in the Oxfam, ActionAid, and Care International 2013 study spoke of
the need to seek approval of male family members for engagement in public sphere work,
while men asserted that womens public engagement was a violation of social norms. This
was typically expressed in terms of womens inability to fulll domestic responsibilities;
mens sense of entitlement to have domestic duties performed by women; a perception of
loss of womens morality if they engaged in public affairs, indicating a fear of losing control
over women; restricted mobility as a sign of grace and dignity; concerns over management
of the public perception of women who engaged in public affairs and hence the threat of
personal authority as head of household being put at risk; family conicts; and lack of safety
for women if they were called out at night. The religious-cultural idiom was also invoked to
justify barriers to womens public participation. Respondents talked of a loss of male hpon
(glory) if women engaged publicly.418
There is need to build an enlightened constituency of men and women voters who will
exercise independent judgment and vote independently on the basis of party policies and
manifestos, as opposed to family or political inuence as a determinant of voting behavior.
Such a constituency must also be conscious enough to support womens leadership and a
gender equality and womens empowerment platform, and hold elected leaders to account
on a gender equality and good governance agenda.
417
Footnote 368, pp. 5960.
418
Footnote 368, pp. 6062.
176 Gender Equality and Womens Rights in Myanmar
This study has no hard data to show that violence actually obstructed women from
becoming involved in politics in Myanmar. The available data, however, show that women
and men as candidates, elected officials, political activists, and voters have experienced
violence that has blocked their potential for full and active political participation.
Documented experience of violence against women in Myanmars history describes women
used as hostages, and women and men elected to public office who were forced to resign
from office and who were arrested, imprisoned, and tortured.420
419
Footnote 368, p. 62.
420
Burmese Womens Union, and Assistance Association for Political Prisoners in Burma. 2004. Women Political Prisoners
in Burma. Yangon. www.aappb.net/joint_report.html
421
iKNOW politics. 2007. E-discussion on Eliminating Violence against Women in Politics. 1014 December 2007.
www.iknowpolitics.org/les/Consolidated percent20reply percent20_violence percent20against percent20women
percent20in percent20politics_.pdf; South Asia Partnership International. 2009. Thematic Report on Violence
Against Women in Politics 2009. Report to the UN Committee on the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), SAP International, with Collaboration from Lawyers Collective Womens
Rights Initiative. www.vawip.org/thematic-report-violence-against-women-politics-2009-0
Gender Equality and Womens Rights in Political Processes and Governance 177
Campaign nancing
Financing is critical for candidates to contest an election. Womens poor campaign
nancing impedes their political participation. Although no specic data on campaign
nancing for Myanmar women was obtained, discussions with female parliamentarians
suggest a paucity of such resources. Lessons can be appropriately drawn from other
countries, however. Some countries impose controls on campaign nancing. Where these
controls are tardily implemented, women stand to lose because they often begin the
political contest with less access to money than men. Some countries, such as the United
States, provide the same public funding to both men and women candidates and limit
their spending. This helps increase the number of women in public office. Some countries
have addressed this challenge by linking public campaign nance to party compliance with
quotas for women candidates. Yet, public funds are often inadequate to plug womens
campaign nancing decits or to provide incentives for parties to eld more women
candidates. Women in some countries have addressed a lack of campaign nancing
through nationwide mechanisms to mobilize resources for women. For instance, EMILYs
List in the United States, a body independent of party control, provides nancial and moral
support to the Democratic Partys women candidates who support a gender equality
agenda.422
There is no formal multiparty group or caucus of women in Myanmar that meets regularly
to discuss and plan issues of common interest. An informal meeting of women members
of the Parliament (MPs) at the national and regional levels from the opposition parties,
however, took place in February 2012, organized by a woman MP from Yangon Region.
Myanmar has a Social and Development Parliamentary Committee that handles womens
and childrens affairs and that could be further strengthened. A number of MPs (both men
and women) maintain that despite the relatively small number of women in Parliament,
some women MPs enjoy visibility and are disproportionately inuential in debates and
parliamentary procedures, although their contribution on a gender equality and womens
rights agenda could be enhanced.
422
EMILY is an acronym for early money is like yeast, which is a reference to the centrality of campaign nance in
United States politics. See EMILYs List. Undated. Where We Come From. www.emilyslist.org/pages/entry/our-history
(accessed 8 August 2015).
178 Gender Equality and Womens Rights in Myanmar
As previously noted, the Department of Social Welfare developed the National Strategic Plan
for the Advancement of Women. It is further developing an operational plan and national
legislation to prevent and protect women and children from violence. There is an interministerial
mechanism for implementing a gender equality and womens rights agenda. However, there is
need for all relevant government ministries and departments to act in coordination on a gender
equality agenda, with the Department of Social Welfare as the driver of such change. This is
critical if any sustained advance is to be made on the gender agenda. For this to happen, the
positioning, capacities, infrastructure, and resources of the Department Social Welfare will need
to be boosted, as will the capacities and resources of other relevant ministries.
6.4
Conclusions and Recommendations
What is clear from the previous discussion is that interventions are needed to ensure that
women are well represented in political decision making and are well prepared to inuence
a gender equality agenda. Equally important is the need to ensure gender-sensitive
legislative reform as the legal reference point for women to exercise civil and political rights
and governance reforms so that public institutions have the mandate, standard operating
procedures, capacities, and infrastructure to truly respond to womens concerns. The
following recommendations seek to ensure these reforms.
Guarantee constitutional recognition of voting rights and the right to hold public office
and eliminate residual forms of sex discrimination or limits to equal citizenship.
This was addressed in the 2008 Constitution, but mechanisms need to be established
to ensure that men and women (especially as voters) are aware of these rights. Women
also need to know how to appeal through accessible procedures if they perceive their
rights are not being respected.423
423
UNDP. 2012. Gender Equality in Elected Office in Asia Pacic: Six Actions to Expand Womens Empowerment. Bangkok.
pp. 1115.
Gender Equality and Womens Rights in Political Processes and Governance 179
Introduce policy and legal frameworks that enable civil society organizations,
including womens organizations, to operate freely, which will facilitate womens
strong participation in public affairs and governance.
7
GENDER EQUALITY AND
WOMENS RIGHTS IN THE
PEACE PROCESS IN MYANMAR
ADB
Gender Equality and Womens
Rights in the Peace Process
in Myanmar
ADB
Protecting womens human rights at all times, advancing substantive gender equality
before, during and after conict and ensuring that womens diverse experiences are
fully integrated into all peace building, peacemaking, and reconstruction processes
are important objectives of the Convention on the Elimination of All Forms of
Discrimination against Women, 1979. The Committee reiterates that States
parties obligations continue to apply during conict or states of emergency without
discrimination between citizens and non-citizens within their territory or effective
control, even if not situated within the territory of the State party. The Committee
has repeatedly expressed concern over the gendered impacts of conict and womens
exclusion from conict prevention efforts, postconict transition and reconstruction
processes and that reports of States parties do not provide sufficient information on the
application of the Convention in such situations.
The National Strategic Plan for the Advancement of Women (20132022) states that
a key objective is to strengthen systems, structures and practices to ensure womens
right to protection in emergencies, and to ensure their participation in emergency
preparedness, response and disaster and conict risk reduction. It calls for practical
initiatives by designated focal ministries that focus on (a) training, technical support,
improved recording and handling of cases of violence against women by police, military,
local authorities, community-based organizations and other agencies as well as a
Plan of Action addressing Security Council Resolutions; (b) womens equal access to
protection, resources, benets and services in natural disasters and conict situations;
and (c) equitable representation of female and male members in preparedness, relief,
response, resettlement and civil society-based working committees.
7.1
Signicance of Including Women
and Their Priorities in Peace Processes
Gender shapes differences in the ways men and women across conict lines tend to
perceive conict and peace, the roles they take in these processes, and the impact conict
has on them. In Myanmar, as elsewhere, women participate in various aspects of peace
processes as peacemakers, peacekeepers, and peace builders, albeit to a limited extent in
the formal processes.424 Women also have combatant roles, although they largely tend to ll
supportive social and economic roles with families and communities in conict sites.
Including women and their priorities in peace processes has normative signicance.
Women and men have an equal right to participate at all levels, including at senior levels of
decision making in conict prevention and resolution and postconict relief and recovery.
They have a right to redress and reparations for violations and damages they have suffered.
More equal representation of women and their priorities in conict prevention, resolution,
and postconict nation building is an important hallmark of a just and inclusive society.
It also makes good social, economic, and political sense to include women in all aspects
of peace processes. The vulnerabilities and capacities of women and girls in conict and
at all stages of peace processes differ from men and boys across conict lines. Women
can best represent issues that concern them most in peace negotiations and agreements.
This was conrmed by an opinion poll run by Shalom Foundation in Yangon, covering 86
senior to mid-level women leaders from gender equality and other mainstream civil society
organizations in Yangon, Bago, and Ayeyarwady regions and Kachin, Karen, Chin, Mon, and
Rakhine states. A total of 71% of the poll respondents said that men cannot fully articulate
womens needs and concerns in conict. Women are much more concerned about physical
safety and security, protection from sexual violence, issues related to women and children
war victims, livelihoods for widows, and reintegration of women and girl combatants. These
are issues that men tend to pay minimal attention to.425
More equal representation of women and their priorities in all aspects of peace processes
is critical to addressing womens long-term recovery needs. Where womens issues are not
included in peace agreements from the outset, it becomes increasingly difficult to address
them later on.426 This is because the proportion of gender-based expenditures in postconict
budgets is partly determined by the prior analytical and planning instruments that identify
needs and enable priority-setting. Less than 3% of the indicative budgets of postconict needs
424
UN Women. 2013. Forging a New Path: Women at the Peace Tables in Myanmar. Report of trainings for women at the
peace table undertaken by UN Women, Swiss Peace, and Shalom from November 2012 to June 2013. Yangon.
425
J.N. Lahtaw and N. Raw. 2012. Myanmars Current Peace Process: A New Role for Women? Yangon: Centre for
Humanitarian Dialogue.
426
C. Nicol. 2012. Womens Participation in Peace Processes: A Critical Analysis. Quarterly Access. 14 (1). Summer. p. 3.
184 Gender Equality and Womens Rights in Myanmar
assessments or poverty reduction plans are dedicated to womens and girls specic needs.427
The exclusion of women (half the population) from peace-building and poverty-reduction
efforts fails to optimize the resources invested in reconciliation and recovery. This potentially
undermines the pace of recovery and the equitable distribution of peace dividends.
There is no guarantee that populations, including women, who are excluded from the peace
process, will accept and implement agreements that have excluded their priorities.428
This thwarts the sustainability of peace processes.
(i) How has Myanmar met its gender equality and womens rights commitments
to including women and their priorities in the peace process?
(ii) What are the obstacles to including women and their priorities in this process?
(iii) What enables women and men in decision-making positions to include women
and their priorities in all aspects of the peace process?
This chapter also deals briey with the gender dimensions of the communal conict in
Myanmar. In exploring the gender dimensions of both ethnic and communal conict,
this chapter draws on good practices from Myanmar and other countries.
7.2
Trends in Womens Situation in Conict
and in All Aspects of the Peace Process
in Myanmar
Gender-based vulnerabilities and capacities in conict situations
and the peace process
In Myanmar as in many other countries, the vulnerabilities and capacities of women and girls
in conict situations and at all stages of the peace process differ from men and boys across
conict lines. Men are the majority of armed combatants and public decision makers. Some
women have active combatant roles, but data on the exact number of female combatants and
their experience are not available, though the numbers are reportedly limited. The majority
of Myanmar women in a conict situation have supportive nurturing roles in varying degrees,
such as providing food, heath care, and shelter to combatants and attending to the acute daily
needs of their family and community.429 Women are largely impacted as victims and survivors
in conict situations or are active agents of peace. These roles are not mutually exclusive.
Conict weighs heavily on all in Myanmar, but impacts men and women differently. Reports of
the conict that broke out in June 2011 in Kachin State in the north of Myanmar, after 17 years
427
UN Women. 2012. Sourcebook on Women, Peace and Security: Overview of Contents. New York. p. 10.
428
Footnote 426.
429
Footnote 425.
Gender Equality and Womens Rights in the Peace Process in Myanmar 185
of ceasere, indicate attacks on villages; razing homes, pillaging, conscating, and appropriating
properties and belongings such as land, rice mills, vehicles, poultry, livestock, traditional clothes,
mobile phones, fuel, and other items; forced displacement, indiscriminate ring on civilians with
small arms and mortars to disperse them, and forced ight; torture and ill-treatment; use of
forced labor in conict zones; and use of anti-personal landmines that have caused loss of limbs
and lives. The forced ight from homes and farms and the destruction of farms and villages have
negatively impacted long-term food security because large numbers of rural people were unable
to plant crops. Where they were able to plant, they were unable to return to harvest their crops
or they found their home, farmland, and crops appropriated.430
Men are killed or injured in conict, often suffering temporary or permanent disability. This
is the serious and negative dimension of aggressive masculinity; but men, most especially
the prominent among them, are valorized in their suffering and death for their heroism,
martyrdom, and patriotism to the cause. Boy soldiers suffer violence, and physical and
emotional trauma that may scar them for life. Women whose spouses or male relatives are
full-time combatants, have been killed or permanently injured in conict, or have migrated
due to the conict have had to assume household headship in a crisis context. In their
socially expected role of providing for the routine needs of their family, womens workloads
increase as they try to access livelihood, food, water, and medicines and to construct
makeshift shelters for their familys survival. Yet, women and girls (who help in these tasks)
often are unable to access the resources (food, clothing, shelter) that they are supposed
to provide for their family, which can lead them to coping decisions that take them into the
worst forms of labor or expose them to human traffickers.
Although womens emotional and physical burdens may increase with assuming
household headship, such a thrust also provides women with the opportunity to take on
nonconventional roles. But unless efforts are made to support them and consolidate the
new roles to catalyze and sustain changes in gender relations in the community, the burden
of the new roles may tend to weigh more heavily on women. Failure to encourage women
in the new roles likely will cause traditional gender roles to resurfaceas is often the case
when male migrant spouses return.
The physical safety and bodily integrity of young rural ethnic women and girls in particular
have been seriously compromised by reports of sexual violence, including rape, sex slavery,
and trafficking in government- and nongovernment-controlled areas.431 In 2012, Human
Rights Watch432 and the UN Special Rapporteur on the situation of human rights in
Myanmar reported the use of sexual violence and exploitation as a means of torture during
the conict primarily by the armed forces against civilian women and girls. Conict-affected
women and girls have also been subjected to human trafficking and forced marriage. In
2008, the Committee on the Elimination of Discrimination against women (CEDAW
Committee) expressed its deep concern at the high prevalence of sexual and other
forms of violence, including rape, perpetrated by members of the armed forces against
rural ethnic women. The committee also expressed concern at the apparent impunity
of the perpetrators of such violencealthough a few cases had been prosecuted at that
timeand at reports of threats, intimidation, and punishment of the victims. The CEDAW
430
Footnote 21, pp. 3462.
431
Footnote 21, pp. 3462.
432
Footnote 21.
186 Gender Equality and Womens Rights in Myanmar
Women respondents in that assessment reported that their work in camps for internally
displaced persons ranged from unpaid camp tasks that included construction activities,
cooking, camp cleaning, and food distribution to some income-earning opportunities.
Income-generating opportunities included working as poorly paid casual farm laborers
where the wage rates were half that paid to local workers. Other casual labor opportunities
for displaced women in some camps close to the border with the Peoples Republic of
China (PRC) included work at restaurants, shops, casinos, and golf courses in a nearby PRC
town. Small-scale food preparation, vending, and pig raising were other opportunities, but
generally, a large number of the respondents reported no available income opportunities.435
Other reported concerns included lack of access to clean water; electricity; nutritious food;
clothing; and toiletries such as sanitary napkins, underwear, longyis (sheet of cloth widely
worn in Myanmar), and warm clothes. Overcrowded camps, lack of privacy, rooms with
doors that could not be safely locked, lack of lighting, and unsafe locations or poor design
of bathrooms and toilets contributed to sexual abuse and violence against women and girls.
Womens representation in displaced persons camp management was limited.436
But women are not just victims of gender-based discrimination and violence. They display
resilience and courage. Women and girls cope through prayer, seeking guidance from
religious leaders, voicing frustrations out aloud, sharing problems with friends for peer
support, focusing on their studies, and working as a means to keep occupied.
A total of 71% of the respondents in the Shalom Foundation opinion poll affirmed this
denition of peace, saying that women tend to want durable peace while men tend to
433
Footnote 88.
434
Footnote 318.
435
Footnote 318.
436
Footnote 318.
437
United Nations. 1993. The Nairobi Forward-looking Strategies for the Advancement of Women. (DP!/926-41761).
New York.
Gender Equality and Womens Rights in the Peace Process in Myanmar 187
want power. Women tend to be more intuitive, empathetic, inclusive, less egoistic, more
concerned with dignity, and more innovative in problem-solving using both heart and mind
to address problems. They tend to take account of different levels of the conict and have
a way of diffusing tensions at the table.438 These are important qualities and skills that
women bring to peacemaking. Their local knowledge and experience are critical to conict
prevention and peacekeeping. This includes experience on providing early warning and
intelligence about impending conict, defusing and mediating disputes, building trust, and
addressing sexual and gender-based violence and womens long-term development.439
Peace processes prior to Myanmars current reforms were led by military leaders, and
negotiations were closed to the public. Agreements were made behind closed doors and
were unwritten. Womens inclusion was not on the agenda of conicting parties, and
women were probably not even considered as part of the processes.440
By contrast, the current peace process appears to be more open. The media makes public
announcements of peace talks and has access to the process, interviews both parties to a
particular process in postagreement press conferences, and reports on the agreements. The
official talks are broadcast on national television. Despite these changes and the impacts of
decades of conict on women, including the role changes among many conict-affected
ethnic women, they are still a minority of participants in the peace process. No systematic
and government-commissioned gender analysis has been conducted for any of the peace
processes yet.441
As pointed out earlier, the current peace architecture of the government and the armed
ethnic organizations is male-centered. In May 2012, the peace negotiation process was
streamlined through the formation of the Union Peace-making Central Committee
(UPCC), chaired by President U Thein Sein, and the Union Peace-making Working
Committee (UPWC), which is the operational arm of the current peace negotiations with
ethnic armed organizations and is chaired by Vice-President Sai Mauk Kham. It has three
vice-chairpersons who are all men.442 The UPCC is composed of 11 members (all male).
The UPWC has 52 members composed of Union and region and/or state ministers, army
officers, and parliamentariansonly two of whom are women.443 There are two UPWC
negotiating teamsone led by Peace Minister U Aung Min and the other by U Thein Zaw, a
member of Parliament (MP). The governments negotiation teams are composed of senior
438
Footnote 425.
439
UN Women. 2012. Sourcebook on Women, Peace and Security: Overview of Contents. October. p.6.
440
Footnote 425.
441
Footnote 425.
442
These are former Major General and Peace Minister U Aung Min; Deputy Commander-in-Chief Vice Senior General
Soe Win; and Chair of the Pyithu Hluttaws National Races Affairs and Internal Peace Making Committee, former
Brigadier General U Thein Zaw.
443
These are members of the Pyithu Hluttaw: Daw Doi Bu from NJang Yang in Kachin State and Mi Yin Chan from
Kyaikmaraw in Mon State.
188 Gender Equality and Womens Rights in Myanmar
government and military officials, and usually men.444 The bilateral ceasere negotiations
with the Kachin Independence Organization (in May 2013) for the rst time ever included
a womanthe Kachin MP Daw Doi Bu on the government negotiating team.445 The current
negotiation process for a nationwide ceasere agreement has one woman parliamentarian
on the government team.
Prior to the formation of the UPCC and UPWC in August 2011, the Union Parliament
established the National Races Affairs and Internal Peacemaking Committee and, in
September 2011, the Nationalities Assembly established the National Races Affairs and
Domestic Committee to oversee ethnic and peace issues. Both parliamentary committees
are also male dominated, with two women among the 15 members.446
In November 2012, the Myanmar Peace Center was established by a Presidential Decree.447
It serves as secretariat to both the UPCC and UPWC to support an overall political
settlement and ensure sustainable peace. This includes working with ethnic armed groups
through technical teams from both sides to prepare for formal peace negotiations; managing
international donor resources to support peace-building efforts; and providing a platform
for dialogue and experience-sharing between international partners, local civil society, and
itself.448 The Myanmar Peace Center is aware that there are not enough women in the team
and is open to greater inclusiveness. As of early 2014, there were 50 staff members, 12 of
whom were women. Of them, one was a special advisor and one an associate director. Seven
other younger women had managerial and administrative roles.449
444
Members of the government negotiating teams usually include union ministers from the Presidents Office; the
ministers for Immigration and Population; and Environmental Conservation and Forestry; chief ministers of the
respective states or regions; the deputy union attorney general; the deputy union minister of home affairs, the state
or region ministers for border and security affairs; and regional military commanders. See S.A. Khen, and M.Y.H. Nyoi.
2014. Looking at the Current Peace Process in Myanmar Through a Gender Lens. Yangon: Swiss Peace and Gender and
Development Initiative.
445
Footnote 424.
446
S.A. Khen and M.Y.H. Nyoi. 2014. Looking at the Current Peace Process in Myanmar Through a Gender Lens. Yangon:
Swiss Peace and Gender and Development Initiative.
447
The Myanmar Peace Center receives continuous support from the Myanmar Peace Support Initiative, other third-
party interventions, and the Civil Society Forum for Peace.
448
R. Htin. 2013. Efforts to Address Womens Concerns in the Peace Process in Myanmar: Gains, Gaps and the Way
Forward. Paper presented at the Open Day on Women, Peace and Security entitled, Women Count for Peace:
Advancing Womens Contribution to Peace Building in Myanmar, organized by the Ministry of Social Welfare, Relief
and Resettlement; Myanmar Womens Affairs Federation; and the United Nations, 31 October 2013.
449
Footnote 448.
Gender Equality and Womens Rights in the Peace Process in Myanmar 189
2 women), while the NMSP has a total of 27 members (26 men and 1 woman). There is
no accessible data for the Restoration Council of Shan State (RCSS) Central Executive
Committee or Central Committee.450
450
Footnote 446.
451
The NMSP had one woman, Mi Sar Dar, in the negotiating team. She was a member of the Central Committee and
Head of the Education Department. She was not involved in the recent meetings.
452
The KNPP has one woman member, Maw Oo Myah (alias Daw Dae Dae Paw), who is the Religious and Cultural
Minister of the KNPP.
453
This included Naw Zipporah Sein, who was the General Secretary of the KNU at the time and also a lead negotiator;
Naw May Oo Mutraw, former KNU spokesperson; and Naw Blooming Night Zan, head of the Karen Refugee
Committee. However, Naw Zipporah Sein was promoted as vice-chair of KNU and is no longer on the negotiating
team.
454
Interview with Ja Nan Lahtaw, then deputy director of Shalom Foundation, November 2013, in Yangon.
190 Gender Equality and Womens Rights in Myanmar
and ethnic armed organizations. They are also regarded as more neutral, with no vested
economic or political interests.455
The ceasere monitoring committees set up as a result of an agreement between the CNF
and the government and facilitated by the Chin Peace and Tranquility Committee in four
townshipsThantlang, Tiddim, Matupi, and Paletwahave only one woman member
participating. The KNUs second agreement with the government provides for women to be
part of district and township peace-building teams to help foster the peace process, but it is
not clear how and where women should engage. As a result of the third RCSSgovernment
agreement, 19 members were nominated to a peace-monitoring committee that was
established after a meeting of Shan State scholars organized by the RCSS in August 2012.
Two of those members were women. As of October 2013, the committee was no longer
functional.456
Womens civil society groups in Myanmar are active on women, peace, and security issues,
but this has largely been outside the official peace process. The Shalom Foundation opinion
poll shows that womens organizations are advocating with armed groups and government
to include women and their priorities in the peace process. They do this through letters of
appeal, signed petitions, and signature campaigns, with concrete recommendations including
calling for the cessation of armed hostilities and a nationwide ceasere agreement. They are
also engaged in awareness raising among communities on peace negotiations.457 Tripartite
partnerships between international nongovernment organizations (NGOs), local NGOs,
and the UNfor example, between the Shalom Foundation, the Gender and Development
Initiative, the Swiss Peace Foundation, and the UN Womenhave also addressed conceptual
and practical skills building for women to ll roles in the peace process.
455
The following women were invited as observers to the peace negotiations: Kristine Gould, a military strategist from
the United States; and Emma Leslie, director of a regional NGO were invited by the KNU to its negotiations, while a
woman entrepreneur from Dawei Princess (a Myanmar oil, gas, and mining company) was invited by the government
negotiation team, to be observers to the process. Mai Chin Chin, a member of the Chin Peace and Tranquility
Committee was invited by the CNF; Margaret Tomo was invited by the UPWC for talks with the KNPP; while Anna
May Say Pa, former principal of the Myanmar Institute of Theology, Naw Susanna Hla Hla Soe, director of the Karen
Womens Empowerment Group, and Nant Khin Aye Oo, member of the Karen Affairs Committee, were invited by
the KNU. Mi Kun Chan Non, vice-chairperson of the Mon Womens Organization was invited by the NMSP. See S.A.
Khen and M.Y.H. Nyoi. 2014. Looking at the Current Peace Process in Myanmar Through a Gender Lens. Yangon: Swiss
Peace and Gender and Development Initiative.
456
Footnote 446.
457
Footnote 425, p. 5.
Gender Equality and Womens Rights in the Peace Process in Myanmar 191
Most recently, an Alliance for Gender Inclusion in the Peace Process in Myanmar was formed
to better coordinate civil society work on women, peace, and security. The alliance is mapping
the work done on women, peace, and security and developing a robust work plan on the issue.
There can be no development without peace and no peace without development. Women
and their organizations in Myanmar have been contributing to peace and development.
They have been strongly engaged on issues of womens socioeconomic and political
empowerment, such as equal rights to land, property, and decent employment; access
to public services, including education, water, primary health care, sanitation, and
environmental sustainability; representation of women in all levels of decision making; and
the freedom to live lives free from violence.458 Womens groups have undertaken gender-
sensitive data collection and research, advocated for policy reform, run awareness and
education campaigns, built community capacities, and implemented community-based
programs on these issues.
Womens priorities in peace agenda include incorporating women and their priorities
in peacemaking, early warning and conict monitoring, relief and recovery, long-term
economic reconstruction, and postconict governance, including in the reformed security
and justice sectors. Priorities also involve prevention and response to gender-based
violence, including sexual violence in conict and postconict situations. These priorities
have emanated from research, consultations, workshops, and meetings organized with and
by conict-affected women, as previously described.
However, the inclusion of women or their priorities is acutely peripheral to the agreements
between the government and ethnic armed organizations. This is borne out by a gender
analysis of 149 issues covering a total of 11 recent peace agreements459 between the
government and the CNF (three bilateral peace agreements), the KNU (three bilateral
peace agreements), the NMSP (two bilateral peace agreements), and the RCSS (three
458
Myanmar Information Management Unit, 2012.
459
Analysis by the UN Resident Coordinator.
192 Gender Equality and Womens Rights in Myanmar
bilateral peace agreements)four nonstate armed groups that have an important role in
the current peace process.460
Of a total of 51 issues covering three agreements between the CNF and the government,
gender was mentioned marginally, only once in Article 24 of the second Union-level
agreement461There shall be no discrimination on the basis of ethnicity, religion or gender
for the appointment or promotion in civil service positions.462
Of 58 issues covering three agreements between the KNU and the government,463 the fth
point of the second agreement explicitly mentioned womens participation in local peace
building by stating that district and township peace-building teams must be established to
help foster the peace process. In particular, women must be included in the peace process.
However, there were no clear guidelines on how women should participate,464 nor has the
potential for eshing out protections for women in the ceasere codes of conduct been
addressed.
Of the nine issues covering two agreements between the NMSP and the government,
including issues related to a nationwide ceasere, political dialogue, health, and
education,465 none mention gender equality and womens rights. The NMSP is organizing a
set of coordinated consultations on the peace process with Mon civil society organizations,
various party departments, and other political parties with the support of the Myanmar
Peace Support Initiative. According to Mi Kun Chan Non, a prominent Mon woman leader,
gender issues have yet to be addressed in those consultations.466
460
Footnote 446.
461
The CNF has had three agreements with the government (UPWC). The preliminary agreement, signed on 6 January
2012, covered nine points that mainly dealt with agreement to ceasere. The second agreement (the rst Union-level
agreement) was signed on 7 May 2012, covered 15 points, including ceasere issues, establishment of temporary
observation bases, rights and responsibilities of liaison offices, principles for political dialogue, matters regarding
international agreements, public consultation, matters regarding humanitarian organizations, increasing human
resources and capital, joint efforts to eradicate illegal drugs, visas, a Chin National Day, matters regarding CNF and
Chin National Army, basic human rights, a ceasere monitoring body, and the institution of a peace-mediating
body. The third agreement (also the second Union-level agreement) was signed on 9 December 2012, with 27
points classied into ve themes: Chin national issues, national reconciliation, human rights, environment, military,
development, and social and cultural matters. See Burma Partnership, 7 May 2012. Cited in S.A. Khen and M.Y.H. Nyoi.
2014. Looking at the Current Peace Process in Myanmar Through a Gender Lens. Yangon: Swiss Peace and Gender and
Development Initiative. pp. 2829.
462
Footnote 446.
463
The KNU signed three agreements with the government. The rst agreement (the state and/or subnational level
agreement) was signed on 12 January 2012, with 11 points mainly focusing on ceasere (Myanmar Peace Monitor.
undated). The second agreement (also the rst Union-level agreement) with 13 points was signed on 7 April 2012
(Burma Partnership. 7 April 2012). The Ceasere Code of Conduct was signed on 3 September 2012 (Burma News
International, 2013. p. 118) has 11 chapters and 34 detailed points, including matters of safety for civilians. Cited in
S.A. Khen and M.Y.H. Nyoi. 2014. Looking at the Current Peace Process in Myanmar Through a Gender Lens. Yangon:
Swiss Peace and Gender and Development Initiative. pp. 3233.
464
Footnote 446.
465
The NMSP has two agreements with the government. The rst agreement (the state-level agreement) has ve
points mainly focusing on the ceasere and was signed on 1 February 2012 in Mawlamyine (Myanmar Peace Monitor,
undated). The second agreement (the Union-level agreement) has four points and was signed on 25 February 2012
in Mawlamyine (Myanmar Peace Monitor, undated). The second agreement includes dispositions on a nationwide
ceasere; political dialogue; stability; and development of the education, health, and social sectors and on seven-point
conditions during the ceasere and political dialogue processes. Cited in S.A. Khen and M.Y.H. Nyoi. 2014. Looking
at the Current Peace Process in Myanmar Through a Gender Lens. Yangon: Swiss Peace and Gender and Development
Initiative. pp. 3637.
466
Footnote 446.
Gender Equality and Womens Rights in the Peace Process in Myanmar 193
Of the 31 issues covering three agreements,467 plus nine issues in the tripartite anti-drug
agreement between the RCSS, the government, and the United Nations Office on Drugs
and Crime, none mentioned the need for gender equality or the inclusion of women and
their priorities in any aspect of the peace process.468
Discreet advocacy by the Shalom Foundation, Swiss Peace, and UN Women with strategic
stakeholders in the peace process has resulted in the inclusion of at least two gender
provisions in the draft nationwide ceasere agreement: preventing sexual and gender-
based violence (under the chapter on civilian protection) and inclusion of women in the
political dialogue (under the chapter on political dialogue).
7.3
Enablers and Obstacles to Including
Women and Their Priorities
in Myanmars Peace Process
A web of social and political factors serves to exclude women from the peace process in
Myanmar, as in many other countries. Whatever the justication for exclusion, it tends to
be underlined by gender role stereotypes that are exacerbated in conict situations.
467
The RCSS has signed three agreements with the government. The rst agreement (also the rst state-level agreement
between the RCSS and the government) has eight points and was signed on 2 December 2011 in Taunggyi (Myanmar
Peace Monitor, undated). The second agreement (also the rst Union-level agreement) has 11 points and was signed
on 16 January 2012 in Taunggyi (Myanmar Peace Monitor, undated). The third agreementalso the second Union-
level agreementhas 12 points and was signed on 19 May 2012 in Kengtung (Myanmar Peace Monitor, undated). Cited
in S.A. Khen and M.Y.H. Nyoi. 2014. Looking at the Current Peace Process in Myanmar Through a Gender Lens. Yangon:
Swiss Peace and Gender and Development Initiative. p. 39.
468
Footnote 446.
194 Gender Equality and Womens Rights in Myanmar
exclusion from formal politics prior to Myanmars recent reforms, contributes to their
exclusion from leadership roles in the current peace process.
The current reasoning in Myanmar is that the immediate focus is on ceaseres and
the cessation of current hostilities. This is consequently a combatant-to-combatant
negotiation between conicting parties. There is in this context no perceived role for
women at the table.469 Arguments such as ensuring the security of women if they were
included in negotiating teams discussing tough issues like ceaseres are also used to justify
exclusion.470 The relatively fewer women than men and boy combatants and 6 decades of
a militarized culture in Myanmar that has, in many ways, excluded women from strategic
leadership and decision making reinforces the view of combat as male terrain, rendering
women peripheral to the current peace process.
469
Footnote 454.
470
Footnote 446.
Gender Equality and Womens Rights in the Peace Process in Myanmar 195
However, women leaders from seven different ethnic groups in Myanmar have explicitly
expressed the need for greater capacity strengthening of the international and national
peace architecture; the substance and skills related to strategic negotiation; advocacy
and communications, including with the media; incorporating a womens agenda in peace
negotiations; skills and capacity building to engage in peace processes as mediators,
observers, and advisors; and dialogue opportunities with authorities and service providers.471
Other areas of capacity building include early warning, peace monitoring, peacekeeping,
and long-term peace building. Lack of these skills obstructs womens full and meaningful
engagement in the peace process.
Moreover, women and their organizations, especially some of the ethnic womens networks,
assert that although they know the priorities that women want addressed in the peace
process, they are unable to easily reach and inuence government and ethnic armed
organizations.
Mediators often hold that the larger the number of participants and issues raised in peace
processes, the more difficult and the longer it takes to reach an agreement.472 Exclusion is
therefore a way of maximizing chances of success, even if this means moving away from the
normative standards.473 In line with this reasoning, the decision is often to address women
and their priorities later on in the political dialogue by prioritizing other issues and parties
to the conict in initial agreements. This contributes to marginalizing womens needs in
negotiations and runs the risk of excluding womens current and longer-term needs as other
priorities become well entrenched and resourced.
471
Footnote 424.
472
Footnote 454.
473
J.A. Wanis-St. 2008. Peace Processes, Secret Negotiations and Civil Society: Dynamics of Inclusion and Exclusion.
International Negotiation. 13. p. 4.
196 Gender Equality and Womens Rights in Myanmar
organizations. Given the complexity of the numerous peace negotiations and the particular
historicalcultural context of each ethnic group, womens level of participation differs from
one ethnic group to the next. Strong coalition building between ethnic and mainstream
womens groups and with organizations beyond womens groups is important to ensure that
women and their priorities are included in all aspects of the peace process.
In the context of the changing political environment, the international community is closely
watching the transition and is encouraging the greater transparency and inclusiveness
of this peace process in relation to prereform processes. In Myanmar, such advocacy on
gender concerns in conict situations and all aspects of the peace process could be more
consistent and coordinated. It appears, however, that more pressing issues among parties
to the conict tend to override gender concerns. Women and their priorities tend to remain
on the fringes so as not to divert attention from key issues.
7.4
Conclusions and Recommendations
Addressing women, peace, and security issues requires the commitment of national and
international actors, including greater national and overseas development aid allocations
and expenditures for the following suggestions:
Prevent and protect women and girls from all forms of gender-based
discrimination and violence.
Incorporate provisions in national policies and programs and into security and justice
sector mandates, procedures, and accountability systems to prevent and protect
women and girls against all forms of gender-based discrimination and violence.
This includes awareness-raising and education on the root causes of sexual and
Gender Equality and Womens Rights in the Peace Process in Myanmar 197
The ethnic armed conict is one kind of conict that Myanmar has been experiencing; communal
violence between religious groups has also emerged. This violence, which began in June 2012
in Rakhine State, spread across the country throughout 2013. It has taken about 200 lives and
displaced some 140,000 persons still in camps and 36,000 people living in crisis-affected villages
across Rakhine State. There have been reports of the brutal killing of men, women, and children;
sexual violence against women; and the looting and burning of properties.474
Rakhine State is among the poorest in Myanmar. Its 2014 labor force participation rate (for
persons aged 1564 years) is among the poorest in Myanmar, at 58.8% (83.2% for men and
the lowest for women among all regions and states, at 38.1%). The unemployment rate is
also the highest, at 10.4% (9.1% for men and 12.8% for women).475
The need for trust building; socioeconomic development; and guarantees of civil, political,
and social rights, including the freedom of association and movement, marriage, family
size, and religious freedom of all people in Rakhine State pose a continuing threat to the
democratization process and to sustainable peace and development.476
A rapid assessment of the situation of Rakhine women living in camps for internally
displaced persons477 found the following:
Women in all focus group discussions reported that they had heard of some form of
gender-based violencesexual harassment, sexual abuse, and domestic violenceor
that it had occurred in their community.
474
Office of the High Commissioner on Human Rights. 2014. Report of the Special Rapporteur on the Situation of Human
Rights in Myanmar. Geneva.
475
Footnote 143.
476
Footnote 41.
477
UNFPA et al. 2013. Rapid Assessment Protection Situation of Women and Girls: Rakhine Humanitarian Response. Yangon.
198 Gender Equality and Womens Rights in Myanmar
ADB
8.1
Myanmars Mixed Gender Equality
and Womens Rights Narrative
Myanmar has made important progress on gender equality and womens rights. Notable
among these are constitutional guarantees of gender equality, improved participation of
women in the labor force, a decent share of women in nonagricultural wage employment,
gender parity in enrollment of girls and boys in primary and secondary school,
improvements in the maternal mortality ratio and services to improve maternal health, and
some social protection measures for women. This has given rise to a rather pervasive view
that there is equality between men, women, boys, and girls and that gender equality is not
a matter of concern in Myanmar. The 2013 Gender Inequality Index ranked Myanmar 83rd
of 187 countries,478 while the 2012 Social Institutions and Gender Index placed the country
44th of 86 countries, and 8th of nine countries in East Asia and the Pacic.479
Yet, there are some signicant policy decitsmixed gender equality and womens rights
messages in foundational legal frameworks and the need for gender equality and womens
rights perspectives to be well anchored in the majority, if not all of the 151-plus pieces of
legislation adopted or currently under consideration in the country. Myanmar has plural
legal systemsthe formal common law system that coexists with customary law and
478
See www.hdr.undp.org/en/content/gender-inequality-index
479
Footnote 91.
Conclusions and Recommendations 201
practice, giving rise to differing standards and practice on gender equality and womens
rights.
Policypractice gaps
As in all countries, there are policypractice gaps. For example, although women in
Myanmar are legally entitled to equal pay with men,480 gender-based wage gaps persist.
Article 369 of the Constitution guarantees every citizen the right to elect and to be
elected to both chambers of the Union Parliament and to the region and state parliaments.
However, womens representation in directly elected seats, at 4.6% (2012) and 12.9%
(2015) in all levels of Parliament, is extremely low, compares poorly with other countries in
the region, and is far from the global benchmark of 30% representation.
480
Footnote 79.
481
Footnote 143, p. 25.
482
Footnote 84.
202 Gender Equality and Womens Rights in Myanmar
8.2
Opportunities and Challenges
on Gender Equality and Womens
Rights in the Reform Agenda
and Planning Processes
Myanmars sweeping social, economic, and political reforms present an opportunity for
qualitative changes and advancement of a gender equality and womens rights agenda.
This gender situation analysis consistently reinforces the point that addressing gender
equality and womens rights is not just a normative concern but is critical to the efficacy of
the reform process and to ensure sustainable development. Excluding the concerns and
contributions of women who constitute 51.5% of the total population (compared with men,
at 48.5%)483 does not optimize development efforts and investments.
The moment needs to be seized. Experiences from countries worldwide suggest that
political and economic transitions have been moments of positive transformation on
gender equality and womens rights. Addressing gender inequalities and womens rights
should not be pushed back to the post-transition period (as proposed in certain circuits),
in view of more pressing current concerns. There is enough evidence globally to suggest
that if women and their priorities are not included in transition policy dialogues, they will
not be prioritized in planning instruments and budget allocations and most likely will not be
addressed in the post-transition period. Sustaining the changes and implementing a gender
equality and womens rights agenda effectively are as challenging.
On the economic front, the new focus on poverty reduction and inclusive growth
provides opportunity to address gender equality and womens empowerment. However,
little progress will be made unless macroeconomic and inclusive growth policies and
strategies (trade, investment, monetary, and scal policies) steer away from concentrating
on economic growth alone and encompass emphasis on new and decent employment
opportunities and living standards for the poor and excluded groups. Particular attention
needs to be paid to women in ways that take into account the lived realities and barriers
faced by economically disadvantaged women from marginalized ethnic, religious, and
483
See www.countryeconomy.com/demography/population/Burma
484
Government of the Republic of the Union of Myanmar. 2013. Framework for Economic and Social Reforms. Nay Pyi Taw.
Conclusions and Recommendations 203
The Framework for Economic and Social Reforms, which is an important policy link to the
long-term National Comprehensive Development Plan, along with sectoral policies and
plans, emphasizes inclusiveness and consultation. This is an important opportunity to
ensure that the governments reform agenda addresses gender equality and womens rights.
For example, important macro sectoral policies and plans, such as the Comprehensive
Education Sector Review policy and plan and the land use policy, are incorporating gender
equality and womens rights. This has resulted from large consultations initiated by the
government, with advocacy and technical assistance from civil society groups, UN agencies,
and international development cooperation partners.
The governments political reform agenda and efforts at national reconciliation, peace,
and social cohesion do not explicitly ensure that the mandates, policies, laws, standard
operating procedures, and culture of political and peace-related institutions include women
and address gender equality and womens rights. As demonstrated in this gender situation
analysis, the indicators of progress on gender equality and womens rights in political and
peace-related governance structures and processes are testament to this.
Despite the generically framed reform agenda, the National Strategic Plan for the
Advancement of Women, which is aligned with the 12 areas of the Beijing Platform for
Action, offers a robust window of opportunity to address a gender equality and womens
rights agenda. Support to implement the plan can be pursued through interministerial
coordination and collaboration and effective gender mainstreaming across a range of
ministries.
There are several challenges to entrenching gender equality and womens rights in the
reform agenda. These are (i) the mismatch between the quick pace of reforms,
(ii) the absorptive capacity of institutions at all levels, and (iii) the uneven political will to
pervasively applying the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) and Beijing Platform for Action principles of democratic
governance in policy and institutional environments so that a culture of gender equality and
respect for womens rights takes deep root.
The boundaries of progress can be further extended if there is political will, capacity,
transformation of mind-sets, and a culture of accountability to gender equality and
womens rights commitments. This requires strong technical assistance based on inclusive
consultations on what needs to be changed and how. It also requires providing technical
guidance to develop institutional mandates; developing, implementing, monitoring, and
evaluating policies and standard operating procedures related to institutional programming,
physical infrastructure, human resources, and budgets; and developing and implementing
485
Footnote 64.
204 Gender Equality and Womens Rights in Myanmar
substantive policies, programs, and accountability frameworks. However, this is at the same
time a political process that requires political receptivity, ownership by national partners,
political leverage, and power to ensure that gender equality mandates and accountability
frameworks are in place and implemented to ensure equality between men and women.
8.3
Implementing a CEDAW- and Beijing
Platform for Action-Compliant
Accountability Framework on Gender
Equality and Womens Rights
in Myanmars Reform Agenda
This gender situation analysis contains the vital elements of a CEDAW- and Beijing
Platform for Action-compliant accountability framework on gender equality and womens
rights, as the following encapsulates.
Full and equal participation demonstrates answerability to women most affected by policy
decisions. It also fullls CEDAW and Beijing Platform for Action standards and optimizes
development investments.
486
Footnote 410, p. 110.
Conclusions and Recommendations 205
For example, the rules on evidence require that women survivors of rape produce the
evidence, and it allows the prosecution to probe the sexual history of the victim in public
courtrooms to establish that they consented to sexual intercourse. This often prevents
women from reporting and pressing charges and is an example of discriminatory victim
blaming. Elsewhere, procedural guidelines that do not consider women voters needs in
elections may result in polling stations being too far from where women reside or polling
timings unsuited to their work schedule. This may prevent women from exercising their
right to vote. The absence of special temporary measures for women in electoral politics,
the peace process, and other spheres slows the move to substantive equality.
It is thus critical that mission statements, mandates, larger policies, and laws be further
translated into specic gender-sensitive rules, regulations, procedures, and instructions
that govern the following: (i) collection, classication, analysis, and availability of data
disaggregated by sex and other variables; (ii) human resource managementrecruitment,
retention, and conditions of work (including special temporary measures that fast-track
equality); performance assessments that include gender sensitivity as criteria for all levels of
an organization; (iii) development policy and programming work, including gender-sensitive
physical infrastructure, budget allocations to gender equality, and womens empowerment
work; and (iv) monitoring and evaluation of institutional policies (substantive and
operational) and corrective action. Womens participation in oversight processes, both
within and outside an institution, must be facilitated to ensure the commitment in
policy and institutional contexts to gender equality and womens rights. These measures,
especially strengthening gender-sensitive performance criteria and corrective action,
could be important means to promoting behavior changes.
The gender stereotypes highlighted throughout the gender situation analysis obstruct
womens full and equal participation with men economically, socially, and politically.
206 Gender Equality and Womens Rights in Myanmar
For instance, the perception that men are household heads, family income earners, and
are more productive than women masks womens roles (as farmers in rural households,
for example) and sets up barriers to their equal ownership of land and access to related
productive assets. This negatively impacts their agricultural productivity and contributes
to gender-based wage gaps. The pervasive perception of men as natural leaders and
as combatants while demonizing women who take up such roles bars womens equal
participation and contribution with men in political processes and governance, including all
aspects of the peace process.
Changes are needed in the culture and attitudes of people in all spheres of life and at all
levels of society through advocacy and conscious-raising to truly implement policies and
standard operating procedures and for real equality between men and women and between
boys and girls.
Womens empowerment
Even if policy and institutional environments introduce and implement gender equality
policies and practices, women may not feel enabled to participate equally and fully with
men in social, economic, and political life; they may not feel empowered to exercise choices
and rights, and claim their entitlements. Empowering women runs concurrent to policy and
institutional changes because these processes are intrinsically related.
Women must know that they have the same human rights as men. Their knowledge and
consciousness must be enlightened to know what rights are violated, at what point, and
by whom. Their capacities must be enhanced to know what legal provisions, institutional
mechanisms, and services exist for them to access, to exercise oversight, and to seek
redress. They must be supported individually and collectively to invoke these entitlements,
and their capacities must be built up so they can work with governments to design,
implement, monitor, and evaluate gender-sensitive policies and services.
live without fear of harm to their safety and security, and it helps ensure that women are
well represented in formal and informal oversight mechanisms so that they can individually
and collectively ask for explanations about nonperformance by duty bearers and press for
collective action.
Responsiveness and accountability to gender equality and womens rights can be elicited
by raising womens individual and collective voice and engaging in robust advocacy for
change and/or by men and women exercising choices between public service providers and
political parties in elections, where competition is encouraged in markets and politics.487
However, special temporary measures are not enough to ensure womens inuence
over decision making or to sustain substantive gender equality and womens rights.
As demonstrated in this gender situation analysis, womens informed and inuential
presence in decision making and special temporary measures need to run concurrent
with several other processes and imperatives. These include the following: (i) women and
men in decision making in any domain must be supported by constituencies in a gender
equality and womens rights agenda; (ii) changes must happen in policy and institutional
environments manifested in gender equality mandates, standard operating procedures
including incentives for gender-sensitive performance, resourcing, gender-sensitive
institutional capacity building, and cultural and attitudinal change; (iii) the broader
public needs to be convinced that gender equality and womens rights are in the broader
publics interest and that a gender equality agenda has positive impacts on men, women,
and children in families, communities, the economy, and society at large; and (iv) gender
equality advocates must build strong coalitions with other disadvantaged groups and
support groups across sectors for better leverage.
487
Footnote 410, p. 111.
208 Gender Equality and Womens Rights in Myanmar
gender equality advocates is struggling against exclusion from political decision making
by advocating for special temporary measures in electoral politics, while still others are
building womens capacities on leadership and decision making, especially at the local level.
8.4
Summary of Recommendations
Against that background, the following is a selective summary of the recommendations
concluding each chapter. These are offered to assist in implementing the National Strategic
Plan for the Advancement of Women in specic areas, such as gender equality and
respect for womens rights in the economy; in the social spheres of education, health, and
eliminating violence against women and girls; and in political participation and governance,
including in all aspects of the peace process.
Develop and improve the use of sex-disaggregated data and gender statistics
on womens economic empowerment
Strengthen data collection instruments, especially household surveys and labor
force surveys, to fully reect gender issues, and develop time-use surveys and data
collection on womens economic empowerment, including employment, work, and
entrepreneurship.
ADB
Expand womens economic opportunity
Enhance womens participation in the labor market, strengthen institutions, and enact
reforms needed to ensure decent work conditionsleading to increased recruitment
of women, retention, promotions, minimum wages, wage equality, occupational safety,
physical safety and security at work, job-related skills training, maternity leave, health
insurance, and pensions.
Develop national-level strategies involving the government, banks, cooperatives, and
micronance institutions to increase womens access to capital and to address collateral
requirements, especially for poor women, in innovative ways.
Invest in public infrastructure and services, with a particular focus on rural
electrication, water and sanitation, clean cooking fuel, household energy needs, time-
saving domestic appliances, roads, and transport. This will reduce the time burden that
domestic work imposes on women, freeing up their time for income generation and
improving their access to markets.
Train and employ women to work on, manage, and maintain public infrastructure
projects, such as for water and sanitation, as an employment and economic
empowerment measure.
Create a supportive environment, including enabling policies and regulatory frameworks,
that provide women entrepreneurs with business opportunities and enable them
to be contracted by local authorities to deliver basic services, such as water, waste
management, and local infrastructure.
210 Gender Equality and Womens Rights in Myanmar
Establish reliable and safe reporting and response mechanisms to avoid putting at risk
children who report violence at school. Evidence through data collection is essential to
inform policy and planning; multiple reporting methods must be used due to ambiguity
on whether more reporting is linked with more cases.
Undertake a gender analysis of TVET and more nontraditional TVET for girls,
and ensure a match between skills and labor market demand
Undertake a gender analysis of current TVET provision, emerging labor market
demands, and the skills of graduating boys and girls with available jobs so as to align
them and thus increase the range of womens employment options for better jobs.
Advocate with and build the capacity of vocational training institutions to challenge
traditional attitudes regarding job suitability for women.
Build womens capacity to deal with pressures of working in male-dominated workplaces
as more women take up nontraditional careers and as technology advancements
continue to remove the need for physical strength in manufacturing processes.
Enhance the technical skills of women in traditional female occupations to improve
womens productivity and applicability of training to labor market needs. These
strategies will help reduce the gender-based wage gap and family poverty, and help
women contribute more to inclusive economic growth.
212 Gender Equality and Womens Rights in Myanmar
Ensure that reforms to tertiary education take into account the preparation of students
for the changing workforce and address biases that might limit choices of careers
for women.
Research the constraints that women from ethnic minorities and nationality races
encounter in accessing health services in their communities.
Ensure that the results of the needs assessment of targeted populations in underserved
sites and of research on the health needs of ethnic women inform policy development
and implementation and are integrated into the other planning considerations as
services are improved for these communities.
Monitor the effectiveness of services to ensure that scarce resources are reaching those
most in need.
Provide childcare facilities at primary health clinics, and vouchers to cover the cost of
transport, especially if women have to bring additional young children or elderly who
cannot remain alone at home, so as to cover the nonnancial opportunity costs to
enhance womens and childrens access to health care.
488
UNDP. 2012. Gender Equality in Elected Office in Asia Pacic: Six Actions to Expand Womens Empowerment. Bangkok.
pp. 1115.
216 Gender Equality and Womens Rights in Myanmar
Protect women and girls from all forms of discrimination and violence
Incorporate provisions in national policies, laws, plans, and programs into security and
justice sector mandates, procedures, and accountability systems to protect women and
girls against all forms of gender-based discrimination and violence, including protection
of their socioeconomic rights (to land, property, education, literacy, economic security,
and primary health care).
Support national capacities to develop, implement, and track progress on gender-
responsive operational and accountability systems related to the recommended
initiatives.
The Republic of the Union of Myanmar is making historical progressive reforms. Rapid political, economic,
and social transition is taking the country and its 51.4 million citizens in new directions. If the reforms are
to equally benet women and men and girls and boys, fundamental changes are needed in how women
and their needs are included in Myanmars new governance and in policy, planning, and decision-making
processes. This report presents a compendium of data in critical areas of womens lives to guide gender-
sensitive policies and programs, including Myanmars reform agenda and the National Strategic Plan for
the Advancement of Women.
ADBs vision is an Asia and Pacic region free of poverty. Its mission is to help its developing member
countries reduce poverty and improve the quality of life of their people. Despite the regions many successes,
it remains home to the majority of the worlds poor. ADB is committed to reducing poverty through inclusive
economic growth, environmentally sustainable growth and regional integration.
Based in Manila, ADB is owned by 67 members, including 48 from the region. Its main instruments for
helping its developing member countries are policy dialogue, loans, equity investments, guarantees, grants,
and technical assistance.
The United Nations system has provided assistance to Myanmar since its independence in 1948 through
a broad range of development and humanitarian assistance. Recently, the United Nations system has
supported Myanmar through some of its milestones and challenges, such as the humanitarian assistance and
emergency relief provided after cyclones Nargis (2008) and Komen (2015) struck the country, as well as a
range of development assistance in the areas of education, health, governance, environment, and promoting
gender equality.
Over the coming years, the United Nations will remain focused on supporting the government and the
people of Myanmar as they move forward with the political and economic reforms. Through its agencies,
funds, and programs, the United Nations system will support the transition process around four main pillars:
socioeconomic development, peace building, humanitarian action, and meeting international normative
commitments.