WOMEN"S PARTICIPATION IN ELECTIONS IN MYANMAR DISCUSSED BY ANTI-DISCRIMINATION COMMITTEE

Press Release
WOM/1160

WOMEN’S PARTICIPATION IN ELECTIONS IN MYANMAR DISCUSSED BY ANTI-DISCRIMINATION COMMITTEE

Committee Continues Discussion of Myanmar Report

The issue of women’s participation in elections in Myanmar was a focus of discussion this afternoon, as the Committee on the Elimination of Discrimination against Women continued its consideration of that country’s initial report on compliance with the Convention on the Elimination of All Forms of Discrimination against Women, and heard further observations by its expert members.

One expert, recalling the cancellation of Myanmar’s last free elections, said that while it was known that the elections had been free, Aung San Suu Kyi, the woman leader of the victorious party, had not been allowed to form the Government. Another expert said that article 7 of the Convention -– women in political and public life -– was being violated, as she was still being detained as a political prisoner.

Yet, another expert said history had shown that when a woman won elections in Myanmar, they were cancelled; when she won the Nobel Peace Prize, she was detained. How could women’s participation be encouraged in such conditions?

On health issues (Article 12 of the Convention), an expert said that the very high rate of maternal mortality in Myanmar was an indicator of the disparity and inequity between men and women in every society. Myanmar’s abortion laws, among the most restrictive in the world, forced women and girls to seek clandestine abortions, often performed in unsanitary conditions.

The Committee will meet again at 10 a.m. on Monday, 24 January, to take up the initial report of India.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this afternoon to continue its consideration of the initial report of Myanmar on compliance with the Convention on the Elimination of All Forms of Discrimination against Women. It was expected to hear further comments and questions by the Committee's expert members. [For background information on Myanmar’s report, see Press Release WOM/1159.]

Comments and Questions by Experts

Concerning article 5, on eliminating stereotypes, an expert noted that with the more than 135 ethnic groups and religions in Myanmar, it was difficult to guarantee that the exercise of equality would be fully implemented. Discriminatory acts were being conducted against women in Myanmar. For example, the report had pointed out that the father was the head of the household, while the mother was responsible for raising children. Why couldn’t women be heads of households? she asked.

Regarding compliance with article 6 -– combating the exploitation of women - – she wondered what legislation had benefited women. She noted that even though data was unavailable, there were very few women leaders in Myanmar. Rather, they occupied positions in retail, fashion and other traditional areas of work for women. Women held few professional posts, and in rural areas young girls did much of the traditional housework. Also, traditional and discriminatory concepts still governed the State’s treatment of its women. How did the National Committee for Women and the media deal with that problem?

Another expert, noting the report’s reference to the subject, wondered how many women were presently incarcerated? What kinds of crimes had they committed? How many received the death penalty each year? she inquired.

An expert asked what mechanisms were in place to assess the impact of the trafficking of women and girls and their exploitation for prostitution (Article 6). What activities in that regard were being undertaken by the subcommittee on crime against women and the one concerned with violence against the girl child? She sought more information on a task force on trafficking in women formed by Myanmar in August 1998, and on gender-sensitivity training for the police and armed forces.

Myanmar had borders with five countries, she noted. What was being done to police that large border in view of the seriousness of the problem in South Asia and South-East Asia? The reality was that people had to move across borders, since families were divided, she said. How was cross-border movement monitored? Where there was conflict or insurgency, what mechanisms were in place to prevent women becoming vulnerable to rape and other forms of sexual exploitation?

She asked how many people –- whether they were civilians or members of the military -- had been convicted for rape and trafficking? Was data available on exploitation of women by the armed forces? What was the size and composition of the task force? Did it run shelters for victims of rape and other sexual exploitation, including forced prostitution?

Another expert also expressed the question of prostitution. What measures were being adopted so that HIV/AIDS would not be transmitted around Myanmar and in neighbouring countries? she asked

Another expert underscored the Committee’s interest in Myanmar’s implementation of article 6, since the scourge was becoming an international epidemic. Although the law had been amended in the Government’s effort to combat the phenomenon, those amendments had been very weak, she noted.

The delegation had given a very good description on the reproductive and primary health care of women. She requested that in future reports Myanmar include information on the mental health of women, particularly those who were victims of abuse.

Article 7 –- women in political and public life -– was being violated, as Nobel Peace Prize winner Aung San Suu Kyi was still being detained as a political prisoner, an expert stated.

An expert inquired about the number of women who exercised their right to vote. How many women were involved in political entities? If those questions could not be answered now, relevant statistics must be included in the State’s next periodic report.

Another expert, referring to article 3, expressed pleasure at the existence of several national committees in Myanmar that had made people aware of the needs of women in education and other priority areas. However, information was lacking about the human resources allocated to women’s programmes by the relevant Ministry. The 1995 Beijing Conference had pinpointed allocation of such resources as a critical priority area.

She noted that some of the bodies in charge of promoting the advancement of women were not full-fledged women’s ministries, but also had other responsibilities, such as social services. Those ministries did not have adequate resources. While Myanmar’s National Plan of Action had identified six priority areas for action, including violence against women, priority should also be placed on the need for women in decision-making positions from which they were often excluded. Women should be included at the parliamentary, ministerial and other decision-making levels.

Another expert, referring to ethnic conflicts, expressed concern over possible infringements against women by military forces. The Committee needed to know the areas of violence against women, whether they were exposed to violence in custodial situations or under interrogation. Were they exposed to rape or other excesses by military forces? What mechanisms were in place to create awareness of the Convention among defence forces so as to minimize infringements if not eliminate them?

She said that, like many former British colonies, including her own country, Myanmar still had colonial legislation on its statute books, particularly the Penal Code of 1860 which contained several discriminatory provisions. What was being done to amend that and other legislation? Were there any efforts to repeal such legislation?

Another expert, noting Myanmar’s experience with political strife, said establishing a Council for Peaceful Conflict Resolution had been a courageous step. The tenets of Buddhism –- the State’s primary religion -- encouraged women’s participation in political and public life. With that in mind, what was the prospect of including women in the process of peaceful conflict resolution, including Aung San Suu Kyi?

An expert requested that the delegation give statistics on the women who held major posts in State organs. Another expert asked under what conditions women were allowed to form non-governmental organizations. Were restrictions applied? The report had mentioned that since 1991 women’s organizations had been established. What about the one established in 1947?

Another expert asked what programmes, projects or laws existed to encourage women’s participation in elections. History showed that when a woman won elections, they were cancelled; when a woman won the Nobel Peace Prize, she was detained. How could women’s participation be encouraged in such conditions? How many women participated in elections?

Regarding article 8 -– the right to participate in national life -- she asked how many women had been appointed to the Ministry of Foreign Affairs following the Beijing conference. What posts did they hold and which promotions had they been given?

Another expert, referring to the right of women to pass their nationality to their children (Article 9), said that the report’s response to that article did not address the issue. Could a woman transmit Myanmar nationality to her children? If she married a foreign national, could she pass visa and other nationality rights to her husband, as would be the case for a man?

On article 10 –- the right to education -– an expert noted the fairly high literacy rate of women in Myanmar. However, the statistical information seemed to reflect only those attending school in the townships. What about statistics relevant to young women and girls living in rural areas? Was primary education free? Were the funds allocated to several girls in rural areas during the last year intended to counteract existing prejudices? Was it true that admission criteria in certain universities in Myanmar -- for example, the engineering university -– had been made restrictive to girls?

An expert said she understood that, due to high costs, education opportunities would be very limited. Myanmar suffered from the traditional notion that it was not necessary for girls to receive much formal education because of the stereotypical roles they usually fulfilled. Therefore, she would require further statistics to support the claims of the report that educational projects had been implemented to benefit girls. What were the results of those endeavours? Also, what was the ratio of women in the teaching profession, particularly in secondary and tertiary sectors? she inquired.

On issues relating to the right to employment and equal job opportunities (Article 11), an expert said the picture was not clear, since the report described the situation without providing statistical data. According to the report, the majority of women were working in the informal sector, but there were no figures to show the percentage of those women or to compare that percentage with similar data for men.

She asked to what extent employment legislation existed that had a bearing on the situation of working women. Did they have maternity leave and social security? If they did, who provided it?

Regarding the formal sector, which guaranteed equal pay for equal work according to the report, she asked whether mechanisms existed to ensure equality. Where could women go to complain in cases of discrimination in pay or recruitment? She asked whether there were plans to study how the contributions of women to the national economy could be taken into account. More information was needed on that subject and appropriate measures were necessary to implement it.

Another expert said article 11 -– the right to employment -- clearly stated its purpose. All women in Myanmar must enjoy that right and be rewarded with equal pay for equal levels of employment. The Committee wished to be given information on employment status and sectors. More than 75 per cent of women obviously lived in rural areas, she continued. Did the minimum wage act apply to the informal sector, as well? In that sector, a large number of women were usually unpaid as they worked mainly for the family. She was concerned that there might be women working to ensure their survival and not able to claim wages.

Another expert expressed concern about forced labour currently being practised in Myanmar. That was a kind of tax being imposed on its citizens. How many women were thus engaged, and how was the work distributed? What regulations governed that practice? How could the laws be implemented where a half of the budget was being allocated to the military?

Another expert noted that legislation regulating and protecting women’s rights was outdated, some of it having been enacted 50 years ago. Were there any plans to review such legislation and ensure it complied with the Convention and with modern labour law? When would the results of such a review be available?

Regarding reports of forced labour in Myanmar, she said there had been documented cases of women forced to work as porters for the military, growing food for the army. That was contrary to the human rights of those women and had a serious impact on the lives of their families. What steps would be taken to punish the perpetrators?

On health issues (Article 12), another expert said that the report seemed to have targeted only married women. It was hoped that cases of single women would be included in the next periodic report or in Myanmar’s responses to members’ questions.

She noted that the rate of maternal mortality in Myanmar was still very high. Victims died through the normal procreative process and their deaths could have been prevented if the necessary measures had been taken. Maternal mortality was an indicator of the disparity and inequity between men and women in every society.

Noting that the report described most of those deaths as being the result of induced abortion, she said Myanmar’s abortion laws were among the most restrictive in the world. They forced women and girls to seek clandestine abortions, often performed in unsanitary conditions. Myanmar had ratified the Convention without reservations, but it seemed to have reservations on many of its articles, including article 12.

The report should have provided information about girls who became pregnant as a result of rape or incest. The report had also failed to address the mental health of women and girls -- on HIV/AIDS and on the abuse and effects of narcotic drugs.

An expert said that to be able to judge the expenditure of Myanmar on women’s health, one must be aware of the budget allocations. She requested, in particular, information on the amount being spent on the prevention of HIV/AIDS and health care for its victims.

Another expert asked the delegation about women’s access to bank loans, credit and other financial measures under the State’s compliance to article 13, on economic and social rights.

Regarding article 14, on rural women, an expert remarked that the report’s claims on that issue might only be theory, as statistics had not been provided as backup. For example, the report claimed that women had been in receipt of agricultural loans, but numbers had not been provided. Also, she asked how many women bosses there were in the agriculture sector. What about rural women who did not have access to health-care programmes? The quality of the information provided on the State’s compliance with that article was lacking. Close attention must be paid to the rights of rural women, as they usually bore the brunt of violation of women’s rights.

An expert reiterated the need for comparative statistics, as the report did not give parameters under which the loans and other provisions were made to those women. Another expert said the report described the situation of the rural population in its entirety, but had not dealt specifically with women.

An expert noted that the report had stated, in the section relevant to article 16 –- marriage and family relations -– that the legal age for marriage was 20 years. Did that apply to both men and women and was it enforced, as there were indications that women in Myanmar under that age were married. She also asked whether the Government had any information on women being forced to marry men who had raped them. What were the laws regulating rape, and were they enforced? What measures were in place to contain and prohibit violence in the family, particularly against women, other than rape? Another expert wondered whether every ethnic and religious group applied its customary laws over the State’s civil law. In cases where customary laws were not being observed, what recourse did women have, particularly those living in rural areas, to legal rights? Were civil courts located in those places? Myanmar’s legal system must be reformed to include aspects of customary law that also had positive tenets.

How did women enjoy their rights to property and inheritance, as a system of writing wills did not exist in Myanmar? another expert asked.

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