Vicky Bowman gave a keynote analysis at Myanmar Connect 2015 in Naypyidaw on 16 September. Her presentation focussed on the stakeholder risks for the ICT sector during the coming six months before and after Myanmar’s election on 8 November. She previewed the ICT Sector-wide Impact Assessment, recently completed by MCRB, which will be published on 24 September, and identified some of the main online and offline human rights impacts of the sector which will feature jn the SWIA. She particularly highlighted the question of ‘network shutdown’ and the increased risk of this as a result of the election and its aftermath. She identified commitments which the government could make, as well as steps companies should take to prepare themselves for this risk.

1. The Next Six Months in Myanmar:
Stakeholder Risk in the Telecoms Sector
Vicky Bowman
Director, Myanmar Centre for Responsible Business
Myanmar Connect 2015, 16 September 2015, Naypyidaw
www.mcrb.org.mm
myanmar.responsible.business

2. Current core funders:
• UK Department for
International
Development
• DANIDA (Danish
development aid)
• Norway
• Switzerland
• Netherlands
• Ireland
www.myanmar-responsiblebusiness.org
www.mcrb.org.mm
15 Shan Yeiktha Street,
Sanchaung, Yangon
Tel/Fax: 01 510069
Founders:
Objective: To provide an effective and
legitimate platform for the creation of
knowledge, capacity and dialogue
concerning responsible business in
Myanmar, based on local needs and
international standards, that results in more
responsible business practices.

5. www.mcrb.org.mm
myanmar.responsible.business

6. Inputs to government consultations

7. 8 September Start of election campaign (32 million eligible voters?)
? Nationwide ceasefire agreement
8 November Elections for 1171 seats in Upper House (12 per state/region), Lower
House (1 per township), Regional Parliaments (2 per state/region +
29 ethnic minority seats)
(25% of seats in each chamber - serving military)
December/January Parliamentary wash-up session
30 January 2016 End of current parliamentary mandate
Early February Selection of three Presidential candidates by Upper House, Lower
House and Military followed by plenary vote to select the President
(single round of voting, 2nd and 3rd become Vice-Presidents)
Feb/March President chooses cabinet and Chief Ministers in stages/regions;
Parliament confirms candidates meet constitutional requirements
30 March End of current Government
31 March New government takes power

8.  USDP - ousting of Speaker Thura
Shwe Mann
 Opposition – NLD (“Vote for
change”) 88 Generation, multiple
ethnic parties
 Ongoing conflict particularly in
Kachin State, ceasefire negotiations
 Detention of activists
 Rejection of Muslim candidates, no
elections in certain ethnic areas
 Nationalism, ma-ba-tha and 969

9. More Context
 International Election Observers
(EU, Carter Centre)
 Mobile/Internet penetration
2010 vs 2015 - an opportunity
and a threat
Observation
Voter education
Hate speech
Facebook
Problems with voter registration lists
Inexperienced candidates
Low voter awareness and apathy
Floods and recovery

10. USDP 5,636
NLD 1,095,857

11.  The Irrawaddy, 9 September 2015
 For many of us, the outcome of the Nov. 8
general election, and the government that forms
thereafter, is not the destination that we have
fought for decades to reach. Rather it is a
waypoint (but no doubt a significant one), on a
long journey from dictatorship to democracy.
 http://www.irrawaddy.org/election/opinion/toward-fostering-dialogue-in-a-crucial-
election-year

12.  Existing laws: Lack of capacity and inconsistent implementation
 Increased devolution to regions
 Some recently adopted laws
o Minimum Wage (3600 kyats per day)
o Disabilities Law (quotas)
o Protection of National Races (ethnic minorities),
o Protection of Ancient Buildings
o Broadcasting
 Under revision
o Banks and Financial Institutions
o Myanmar Companies Act
o Myanmar Investment Law
 In the pipeline:
o National Land Use Policy, and revisions to laws
o Environmental Impact Assessment
o Foreign Workers Act
o Universal Service Strategy and Fund

13.  Are Ministers still in place until March?
 Who will be the next Minister/Deputy
Minister?
 What will the next Parliament look like? What
will they know about Telecoms?
 Will there be problems before or after the
election?
 What might that mean for the ICT sector?
◦ Hate speech
◦ Lawful interception
◦ Internet shutdown

15. Coming Soon!
24 September 2015
www.mcrb.org.mm

16.  Gaps in the policy, legal and regulatory framework: lawful
interception, data privacy, access to information, certification
bodies, cybersecurity, data protection and cybercrime.
 Access: network roll-out and the investment climate, local
languages, standardised Unicode fonts and access to information.
 Online “Digital Dangers”: data privacy, cybercrime, including child
sexual abuse images and revenge porn, cyberbullying and
stalking, and “hate speech”, network shutdowns and selective
blocking of websites.
 “Offline” human rights issues: land, labour rights
 Exacerbating or addressing visible divisions in society:
discrimination, “hate speech”

17.  Clarify and limit the Telecommunications
Law provisions on telecommunications
network shutdowns in line with
international standards
SWIA will suggest key points to include.
 Make a commitment not to shut down the
network during the upcoming elections.
Instead put in place plans to deal with potential
emergencies, such as appropriate restrictions on
the circulation of mass messages inciting
violence and hate speech.

18.  Prevent and mitigate impacts around the 2015 elections
◦ Mobile operators and social media providers should
consider experiences from other countries (e.g.
Kenya).
◦ Consult relevant experts and other stakeholders, and
devise appropriate responses to a range of pre and
post-election scenarios to ensure that they are
prepared to deal with unfolding events in a manner
that best protects users.

19.  Regulatory advocacy on issues related to
responsible business and ICTs?
 Capacity building of media and civil society
on ICT/human rights/responsible business?
 Promote dialogue:
peer to peer learning on ICT/responsible business
e.g. labour/safety, privacy?
company engagement with civil society?
 Please let me know:
◦ vicky.bowman@myanmar-responsiblebusiness.org

20. http://www.myanmar-responsiblebusiness.org/rss.xml
www.mcrb.org.mm
myanmar.responsible.business