Myanmar
91. The Committee considered the initial report
of Myanmar (CEDAW/C/MMR/1) at its 450th, 451st
and 457th meetings, on 21 and 26 January 2000
(see CEDAW/C/SR.450, 451, 457).
Introduction by the State party
92.
In his introduction, the representative of Myanmar
informed the Committee that the existing laws
and social practices of the country were compatible
with the Convention. He noted that the successive
constitutions of Myanmar had included provisions
for women's rights and equality and that women
had legal equality with men in the political,
economic, administrative and social spheres.
93.
The representative informed the Committee that
women and men in Myanmar had equal access to
health services. He drew attention to the national
health plan, which had the goal of "Health
for all by the year 2000" and included
activities on maternal and child health, birth
spacing, reproductive health, nutritional development,
an expanded programme of immunization and measures
for the control of sexually transmitted diseases.
Myanmar sought to provide a holistic, life-cycle
approach to health care for women.
94.
The representative informed the Committee that
Myanmar had set goals for women's health to
be reached by the year 2000: a reduction in
infant mortality from 47.1 per 1,000 live births
to less than 45; a reduction in the maternal
mortality rate from 1 per 1,000 live births
to 0.5; an improvement in tetanus immunization
to more than 90 per cent for infants and pregnant
women; the provision of information on prevention
of HIV/AIDS to all youth and women; a reduction
in iodine deficiency disorders from 33.08 per
cent to less than 20 per cent; the provision
to pregnant women of access to pre-natal care,
safe delivery, referral services and birth-spacing
information; and a reduction in iron deficiency
anaemia among pregnant women.
95.
The representative informed the Committee that
the most important issue regarding women's health
was safe delivery. He noted that there was no
statutory provision for abortion services, but
that there were provisions for medical care
and post-abortal contraception for women who
had undergone unsafe abortions. Nutrition was
also an essential issue and objectives included
adoption of a national breast-feeding policy
to promote exclusive breastfeeding to the age
of four or six months. The representative noted
that the fight against AIDS had been given top
priority by the Government, since HIV/AIDS was
currently seen in high-risk groups across the
country and was starting to spread to low-risk
groups. Research had been conducted to support
the prevention and control of AIDS and the participation
of NGOs in AIDS control activities had been
encouraged.
96.
The representative noted that health-related
activities were made more effective by the participation
of NGOs, such as the Myanmar Maternal and Child
Welfare Association, the Myanmar Medical Association
(Women's Section) and the International Committee
of the Red Cross. The reproductive health activities
conducted by the Ministry of Health, in collaboration
with NGOs, other ministries and the private
sector, included: life skills training for women
of childbearing age and for youth; prevention
and treatment of sexually transmitted diseases;
community education programmes for HIV/AIDS
prevention; AIDS education in schools; capacity-building
for community organizations and volunteers;
expansion of birth-spacing programmes; and integrated
management of the programmes on maternal and
childhood illnesses.
97.
The representative informed the Committee that
a national workshop on the priority issues affecting
women's health had been conducted in December
1999 by the Myanmar National Committee for Women's
Affairs, in collaboration with the Ministry
of Health and the World Health Organization
(WHO). Counselling centres had been established
around the country and training had been conducted
on counselling techniques.
98.
The representative informed the Committee that
cooperation was ongoing between the Government,
the Myanmar National Committee for Women's Affairs,
United Nations organizations and NGOs to provide
basic education for every individual, regardless
of sex. The Ministry of Education had carried
out non-formal education projects in collaboration
with United Nations agencies. Mobile units had
been used to educate women in border areas.
In addition, vocational training such as sewing,
embroidery and livestock breeding had been initiated
in collaboration with UNDP and the United Nations
Educational, Scientific and Cultural Organization
(UNESCO). Literacy resource centres were established
by the Myanmar Educational Research Bureau and
the Asia-Pacific Cultural Centre for UNESCO
(Japan).
99.
The representative informed the Committee that,
prior to March 1999, the Myanmar National Committee
for Women's Affairs had identified six areas
of concern: education, health, economy, violence
against women, culture and the girl child. Two
further critical areas of concern had recently
been identified: environment and the media.
100.
In concluding the presentation, the representative
noted that Myanmar was trying its best to implement
the national plan of action for the advancement
of women but that there were difficulties, such
as a lack of sex-specific data. In 1997 the
Government had begun collecting gender-specific
data at the request of the Myanmar National
Committee for Women's Affairs. He noted that
Myanmar required technical assistance and financial
resources in order to reach its goals more quickly.
Concluding comments of the Committee
Introduction
101.
The Committee expresses its appreciation to
the Government of Myanmar for submitting its
initial report and for engaging in a constructive
dialogue with the Committee. It also commends
the Government's efforts to produce an informative
response, including some statistics, in a very
short time. The Committee notes, however, that
the report does not include sufficient reliable
statistical data disaggregated by sex and provides
insufficient information relating to the implementation
of a number of articles in the Convention.
102.
The Committee welcomes the fact that Myanmar
ratified the Convention without reservations
on substantive articles.
103.
The Committee commends the Government of Myanmar
for sending a high-level delegation, including
an adviser of the Ministry of National Planning
and Development.
Positive aspects
104.
The Committee welcomes the fact that Myanmar
has a national machinery for the advancement
of women comprising the Myanmar National Committee
for Women's Affairs, which is designated as
the national focal point for women's affairs,
and the Myanmar National Working Committee,
which incorporates women from the grass-roots
level and has implementation functions.
105.
The Committee notes with appreciation that the
Myanmar Maternal and Child Welfare Association,
the country's largest NGO, with branches and
associations all over the country, has been
working closely with the Government in the area
of women's health, in particular, maternal health.
106.
The Committee notes with satisfaction that in
Myanmar women have the same rights as men to
acquire, administer and dispose of property
and that a wife has the right to transfer half
of the marital property into her name upon divorce.
107.
The Committee notes with satisfaction the high
literacy rate of women in Myanmar.
108.
The Committee notes with satisfaction that the
legal age for marriage is 20 years for both
sexes.
109.
The Committee welcomes the fact that wife abuse
is not common in Myanmar. It also commends the
Government for initiating further research on
domestic violence with a view to eradicating
this phenomenon altogether and raising community
awareness of existing laws in this regard.
Factors and difficulties affecting the implementation
of the Convention
110.
The Committee notes that internal ethnic and
political conflict has brought about social,
economic and political instability in Myanmar
and that the conflict is a serious obstacle
to the full implementation of the Convention.
Principal areas of concern and recommendations
111.
The Committee is concerned that the Myanmar
National Committee for Women's Affairs, comprising
deputy ministers of related ministries, representatives
of the Attorney-General and the Chief Justice,
and leaders of women's NGOs, does not receive
any budget allocation from the Government despite
its responsibilities for policy-making and its
role as an intersectoral coordinating body.
The Committee is further concerned that the
Myanmar National Working Committee for Women's
Affairs, an operational body, is exclusively
comprised of voluntary members.
112.
The Committee urges the Government to revise
existing funding allocation policies to ensure
that the national machinery has sufficient financial
and human resources effectively to carry out
its mandate and that members of the Myanmar
National Committee should include those nominated
on the basis of their expertise in the relevant
fields.
113.
The Committee welcomes the recent order of the
Government of Myanmar, which overruled those
provisions of the Towns Act and the Village
Act that authorized the Government to extract
forced labour from women. The Committee considers
forced labour of women to be a contemporary
form of slavery and a denial of their rights.
The Committee, however, is concerned that the
Towns Act and the Village Act remains as legislation.
It is further concerned that there is little
information about the implementation and enforcement
of the recent order.
114.
The Committee requests the Government to include
more information and data in its next report
on the implementation process of the order and
recommends that the Government take the action
necessary to bring perpetrators to justice.
115.
The Committee notes with concern that, although
Myanmar has 135 ethnic groups, there is little
information in its report about how the human
rights of women in all ethnic groups are guaranteed,
protected and promoted.
116.
The Committee requests the Government to include
in its next report more information and data
on the situation of women in as many ethnic
minority groups as possible and the measures
taken by the Government of Myanmar to protect
and ensure their human rights under the Convention.
117.
The Committee is concerned about human rights
violations of women, in particular by military
personnel.
118.
The Committee urges the Government to prosecute
and punish those who violate the human rights
of women, including military personnel, and
to carry out human rights education and gender-sensitization
training, for all law enforcement and military
personnel.
119.
The Committee notes with concern that there
is little information on the trafficking in
women and girls, despite the magnitude of the
problem.
120.
The Committee requests the Government to include
in its next report more information and data
on the situation of trafficking in women and
girls.
121.
The Committee is concerned with the increasing
number of women with HIV/AIDS.
122.
The Committee requests more information on the
situation of women affected by HIV/AIDS, including
women in trafficking and prostitution, in the
next periodic report. Information should also
be given on their access to health care, as
well as the Government's efforts to educate
women, and on measures to prevent the spread
of the disease.
123.
The Committee expresses its concern about the
situation of women in prison and police custody.
124.
The Committee requests the Government to include
more information on women in custody in its
next report, including data on custodial violence
and the protection of the human rights of women
in custody.
125.
The Committee is concerned with the restricted
admission of women to certain courses in higher
education, which contravenes article 10 (b)
and (c) of the Convention.
126.
The Committee urges the Government to modify
the policies on restricted admission, noting
that the women themselves should be entitled
to decide which subjects they wish to study
and professions they wish to pursue.
127.
The Committee notes with concern that the information
provided on primary education is insufficient,
in particular in regard to the enrolment of
girls.
128.
The Committee requests the Government to include
more information and data with regard to primary
education in its next report. The Committee
also recommends that the Government set numerical
targets for enrolment in primary education and
that it report on the results of the implementation
of such targets.
129.
The Committee is concerned that there is no
information on a woman's right to terminate
a pregnancy resulting from sexual violence.
The Committee is also concerned with the high
rate of maternal mortality in Myanmar, since
it notes that induced abortion often results
in maternal mortality.
130.
The Committee urges the Government to extend
the coverage of the contraceptive distribution
programme to reduce maternal mortality from
unsafe abortions. The Committee requests the
Government to include in its next report more
information on sexual violence and pregnancies
resulting from rape and the services that are
available to the victims.
131.
The Committee expresses concern at the absence
of an enabling environment in Myanmar to ensure
the full implementation of the Convention.
132.
The Committee recommends that, in rebuilding
its economic and political structures, the Government
ensure the full and equal participation of women
in an open and pluralistic society.
133.
The Committee expresses the hope that the new
constitution currently being drafted will guarantee
gender equality and include a definition of
"sex discrimination". The Committee
also expresses the hope that the new constitution
will incorporate the Convention in domestic
law.
134.
The Committee recommends that statistical data
disaggregated by sex be included in the next
report and that information be provided with
regard to implementation of all articles of
the Convention.
135.
The Committee encourages the Government to ratify
the amendment to article 20.1 of the Convention
concerning the Committee's meeting time.
136.
The Committee also encourages the Government
to sign and ratify the Optional Protocol to
the Convention.
137.
The Committee requests that the Government respond
in its next periodic report to the specific
issues raised in these concluding comments.
138.
The Committee requests the wide dissemination
in Myanmar of the present concluding comments
in order to make the people and, in particular,
governmental administrators and politicians,
aware of the steps that have been taken to ensure
de jure and de facto equality of women
and of the further steps that are required.
It also requests the Government to continue
to disseminate widely — particularly to
women's and human rights organizations —
the Convention, its Optional Protocol, the Committee's
general recommendations, the Beijing Declaration
and the Platform for Action.