Myanmar is a multicultural society comprising some 135 ethnic groups, with Bamar, Chin, Kachin, Kayah, Kayin, Mon, Rakhine and Shan being the largest communities. The right to equality of women is safeguarded in national legislation, as well as in traditions and dhammathats i.e. customary laws. Despite this legislation, there is a gender-based division of labour: in addition to performing 80 per cent of all agricultural labour, women carry the main burden of household work.
Women in Myanmar are well protected in some aspects of family life, but not all. The country’s customary law sets the legal age of marriage at 20 years for women and at puberty for men. In a 2007 study, the Committee on the Elimination of Discrimination against Women (CEDAW) reported that the Buddhist Women Special Marriage and Succession Act of 1954 is less strict in that, dependent on parental consent, it allows Buddhist girls above 14 years to marry non-Buddhist men. In fact, early marriage is still an issue of some concern. A United Nations report published in 2004 estimated that 11 per cent of girls between 15 and 19 years of age were married, divorced or widowed. The situation is gradually changing for the better: age at first marriage is rising, largely due to improved access to education and increased participation in the labour force. The law states that all marriages shall be based on mutual consent, and officially recognises cohabitation – with the intent to marry – as sufficient for couples to legally be considered husband and wife.
Polygamy is permitted under Myanmar customary law, but is socially frowned upon and generally unpopular. The Myanmar Women’s Affairs Federation (MWAF) points out that in polygamous unions, the law stipulates that the second wife must be given an equal social status with the first wife.
With regards to parental authority, fathers are perceived as the head of the household and have the duty of providing for their wives and children. Mothers carry out the majority of household-related work, including child-rearing, and may sometimes control the household finances. In the event of divorce, it is common that custody of boys is awarded to the father and of girls to the mother, but the children may be consulted in the decision-making process. The CEDAW reports that very young children, regardless of sex, are usually placed in their mother’s care.
Ancient dhammathats and present-day customary law both grant men and women equal rights to inheritance. There is no discrimination between men and women, husbands and wives, widows and widowers, sons and daughters, or grandsons and granddaughters. According to the MWAF, variations in inheritance rights are based solely on the degree of relationship with the deceased, and the general order of succession is comparable to practices in other countries. However, the CEDAW reports that customary law does not recognise wills and any joint property held by a couple transfers automatically to the surviving spouse.
Women in Myanmar have a moderate degree of protection for their physical integrity. The weakest area is that of violence against women. Most violent acts against women are closely linked to the country’s national instability; they include political imprisonment, forced labour and systematic sexual abuse of minority women by armed forces. A culture of impunity within the armed forces contributes to the military atmosphere in which rape is permissible. Unfortunately, this impunity also makes victims and their families reluctant to turn to the authorities for help. To date, there is no specific law against domestic violence and the government does not maintain related statistics, which makes it difficult to judge the extent of the issue. However, as married women often live in households with extended families, social pressure provides some degree of protection against spousal abuse. Spousal rape is not considered a crime unless the wife is younger than 14 years.
Female genital mutilation is not practiced in Myanmar. However, there is some evidence to suggest that Myanmar is a country of concern in relation to missing women.
Legislation in Myanmar generally supports the financial independence of women. They have the same legal rights as men in regards to access to land and to access to property other than land. In marriage, husbands and wives are considered co-owners under the following rules: either spouse is entitled to one-third of the property owned by the other spouse before the wedding (paryin), and one-half of the property accumulated or increased during the marriage (lathtatpwar). The latter case includes property given to the couple at their wedding (khanwin) and property earned through the work of both spouses (hnaparson).
Women and men have equal legal rights to apply for bank loans and engage in other types of contracts. The MWAF operates a micro-credit scheme that specifically targets women. In 2006, this scheme provided temporary loans of MMK 72.4 million (USD 11.2 million) to a total of 8 608 women. The CEDAW reports that a similar programme run by the Myanmar Maternal and Child Welfare Association has provided loans totalling close to MMK 180 million (USD 28 million) to more than 45 000 women with a desire to manage small-scale businesses or breed livestock.
Civil liberties are quite restricted in Myanmar, but this is true for all citizens and not specifically discriminatory against women. Freedom of movement is very limited. All citizens need three documents to travel outside the country: a passport from the Ministry of Home Affairs; a revenue clearance from the Ministry of Finance and Revenue; and a departure form from the Ministry of Immigration and Population. The government does frequently hinder or restrict international travel for young women, in part to address the problem of human trafficking. According to the US Department of State, the government also controls the movement of all Muslim Rohingyas (men and women), who are not considered to be citizens.
Women enjoy freedom of dress, but are expected to wear modest apparel in Buddhist pagodas and monasteries.
CEDAW (Committee on the Elimination of Discrimination against Women) (1999), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Myanmar, Initial Report of States Parties, CEDAW/C/MMR/1, CEDAW, New York, NY.
CEDAW (2007), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Myanmar, Combined Second and Third Periodic Reports of States Parties, CEDAW/C/MMR/3, CEDAW, New York, NY.
MWAF (Myanmar Women’s Affairs Federation) (n.d.), Rights of Myanmar Women Endowed by Myanmar Customs and Traditions, MWAF, Yangon, www.mwaf.org.mm, accessed February 2008.UNESCO (United Nations Educational, Scientific and Cultural Organization) Bangkok (n.d.), Myanmar Country Profile, Country Specific ARSH Information, Ch. 5, www.unescobkk.org, accessed February 2008.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Burma, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
