"The following content was contributed by a guest blogger. The opinions expressed or implied herein may not be the opinions of Green Communities Consulting."
By Silvia Lawrence
When I tell friends at home that
I’m working in human rights for Myanmar, most of their reactions include
something along the lines of “Oh Myanmar, that’s awesome! Haven’t there been
all sorts of great improvements there? Maybe I should make a trip soon…” And
they aren’t wrong. Numerous international sanctions have been lifted, President
Obama made a highly publicized visit to the country, President Thein Sein
enjoyed heavy rumors of a Nobel Peace Prize nod and was recently awarded the
International Crisis Group’s prestigious “In Pursuit of Peace” award, and
Myanmar topped several lists for best travel destinations
in 2012 and 2013. Myanmar seems to be rocking its international media presence
these days.
Kandawgyi Lake Photo by Jonathan Rhodes |
Well,
sort of. As encouraging as all the optimism surrounding Myanmar is, news
reports haven’t ignored continuing humanitarian crises such as the forced displacement of the Rohingya
and other violence against Muslims,
and continued difficulties in resolving conflicts in the Kachin
State. Moreover, human rights violations persist on a wider scale than often
makes international news, particularly in discrimination against minority
populations such as LGBT people in Myanmar.
A former British colony, Myanmar continues to use many of the laws and
penalties outlined in the Penal Code imposed by the British on its colonies.
One of these, Section 377, implicitly prohibits homosexual behaviour, stating:
“Whoever voluntarily has carnal
intercourse against the order of nature with any man, woman or animals shall be
punished with transportation for life, or with imprisonment of either
description for a term which may extend to 10 years, and shall be liable to
fine.”
While LGBT people in
Myanmar are rarely formally charged under Section 377, the mere existence of
the law undermines their legal status and has been used by police as an excuse
to detain and harass people displaying what are perceived to be physical or
behavioural markers of being transgender or homosexual. Indeed, cases of police
picking up transgender people under the threat of charging them with 377 or
similar laws and then sexually abusing them before releasing them are not
uncommon. Section 377 also carries wider
implications such as inhibiting social and healthcare development, including
HIV/AIDS prevention. (Read more about Section 377 here)
While many other former British colonies left
with Section 377 of the Penal Code have raised advocacy against the law, with
current cases being heard in Indian and Singaporean courts, Myanmar has shown
little interest in addressing it. Moreover, Section 377 of the Penal Code is
merely one example of discriminatory laws in Myanmar. And while many may look
to international pressure for a more thorough reform of Myanmar’s legislation,
the State has yet to sign or ratify key UN treaties protecting human rights
such as the International
Covenant on Economic, Social and Cultural Rights and the Convention
Against Torture. Such steps of course take time, but they point to the long
road Myanmar has yet to travel toward development and reform.