U Win Mra
Madam Chairperson, Distinguished
Committee Members,
My delegation is pleased to be here today to respond to the comments, observations, and questions put forward by the distinguished committee members following the presentation of our initial report on January 21....Today, our lady delegates, who are actually handling Women Affairs in Myanmar, will also take part in a dialogue with the Committee members....

Madam Chairperson,
Questions posed by some Committee members included requests for information on the implementation of the National Convention process, participation of the NLD [National League for Democracy] in the National Convention process, and the status of the new constitution that the National Convention is drafting. We notice that there were some mistaken notions in connection with the political process that we are engaged in, and about Daw Aung San Suu Kyi as well.

A few questions were raised with regard to the status of women and children in armed conflict and the well-being of women in the so-called refugee camps. Some have expressed concern about the alleged forced labor in Myanmar and what the government has done regarding the implementation of ILO recommendations. I shall respond to all these questions.

...To understand the situation of women and children in areas of armed conflict and the alleged problems of forced relocation, you must first of all understand the ethnic insurgency problem in my country. The history of my country is replete with armed insurrections of the ethnic groups, resulting primarily from the "divide and rule" policy under the colonial rule. Firmly believing that lasting peace can be achieved only through unity among the national races, the government made efforts to establish peace with the armed groups of the national races. As a result of determined efforts made by the government, 17 out of 18 armed groups have now returned to the legal fold. This is the first time in our history since the gaining of independence in 1948 that so many armed groups have exchanged arms for peace. With a view to further consolidating the peace thus achieved, the government launched an ambitious plan for the development of border areas and national races, spending over 15 billion kyats on the plan. The national races are now actively involved with the government in their regional development efforts as equal partners.

Today, the only insurgent group that still continues to pursue a policy of armed insurrection is a group called the Karen National Union (KNU), which in fact is quickly diminishing, as many of its members have exchanged arms for peace. They are operating only in certain areas across the border, bringing about destruction and turmoil. It is in this regard, I think, that some Committee members have expressed concern about the welfare of women and children in these areas.

Concern was also expressed about women in the relocated villages in the border areas. The conflict in that area is primarly due to wanton and ruthless activities of the remnant KNU insurgent group. However, the government is determined to put an end to this conflict so that people in that locality, including women and children, can live in peace and tranquility. It is with this view in mind that the government has extended its offer of peace to the KNU, which still stands.

The allegations about forced relocations are not true at all. What actually transpired was that villagers are resettled to safer areas to protect them from atrocities committed by the insurgents. In resettling them, the government always looks into the welfare, seeing to it that basic human requirements, such as food, clothing and shelter, are provided for.

A question was asked about of the plight of women in the so-called refugee camps along the Myanmar-Bangladesh border. There are actually no refugee camps on our side. We have transit camps along our border to facilitate the repatriation of the returnees. The returnees' basic needs, such as food and clothing, as well as health requirements, are firstly attended to in the transit camps before they are sent to their homes without any further delay. I would like to assure you that there is no gender discrimination in the attention we give to the returnees.

I would like to inform you that we are implementing the repatriation program strictly in accordance with the agreement that we have worked out amicably between the two governments concerned. Although there may be some minor hitches here and there, there is no need for serious concern, as the mechanism for repatriation is already in place between the two governments concerned.

Some Committee members have asked about the National Convention process. Some have expressed concern about so-called "restrictions" on Daw Aung San Suu Kyi. One or two Committee members inquired as to how she could be involved in the political process. Madam Chairperson, I would like to assure the distinguished committee members that the establishment of a democratic society is the ultimate goal of the government. The political process for achieving this goal is through the National Convention, which was agreed upon by all parties and where representatives of national races, political parties, and delegates from all walks of life are participating to draft a new democratic constitution reflecting the aspirations of the people. Here, a few questions were asked as to why the results of the elections in 1990 were annulled and what steps the government is taking to reconcile the situation in which Daw Aung San Suu Kyi finds herself today.

The truth of the matter is that the main task of the elected representatives of the 1990 elections was to frame a constitution, and not to form a government. This was clearly understood by all the political parties. The country needed a new constitution which would duly take into account the aspirations of the entire Myanmar people of today and the prevailing conditions of the country. The first constitution of 1947, written even before the country obtained independence, was too old, and generally considered obsolete. On the other hand, the second constitution, namely the 1974 constitution, was drawn up under the now-defunct one-party system. The desire of the majority of the parties was to draw up a new constitution. The responsibility of the government was none other than to provide the necessary assistance in the drafting of a new constitution, and to re-transfer state power to its rightful owners, the people of a nation.

The current political process is seen to be slow by some. It is a sincere wish of the government to accelerate the process and adopt a new constitution as soon as possible. However, in view of the sensitive nature of the issues, and the far-reaching implications for the country's future, it is vitally important for the National Convention to proceed systematically and with the greatest caution possible to safeguard the interest of all the national races and not to repeat the shortcomings of the past two constitutions. If it is taking time, it is only because we want to achieve consensus in the process.

Democracy built on consensus will stand firmer on its foundation than one hastily built. It is worth reiterating that the government will transfer power to a new government, which will be democratically elected under the new constitution.

It was stated by a few Committee members that Daw Aung San Suu Kyi won the elections and that she is under house arrest. I would like to clarify this misconception.

First of all, Daw Aung San Suu Kyi was never allowed to stand for elections in the 1990 elections. The Election Commission decided that she was not eligible to run in the elections as a candidate on account of her allegiance to a foreign country, under Section 10, Subsection E of the Pyithu Hluttaw, that is the parliament election law. It could be misconstrued as a deliberate attempt to discriminate against women. Well, it is not. The interesting aspect about the situation is that the legal provision to bar candidates with allegiance to foreign countries was originally suggested and written into the 1947 constitution by her father, General Aung San.

As to the remark that she is under house arrest, nothing could be further from the truth. She is free and is moving about freely in Yangon, attending social functions and even meeting with diplomats. What actually happened earlier was that on July 20, 1989, she was restrained under Section 10, Subsection B of the 1975 Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts. This action represents the most lenient legal action. As a matter of fact, much sterner legal action could have been taken against the same offense under existing criminal law.

Although the aforementioned action had to be taken against her because she was a woman and out of respect for her father, the authorities looked after her well being in every possible way during the period of restraint. The authorites arranged for doctors to visit her regularly for medical checkups or medical care she needed. Arrangements were also made for regular correspondence between Daw Aung San Suu Kyi and her family. Apart from letters, her family had also sent various assorted articles to Daw Aung San Suu Kyi. The authorities had allowed and helped to arrange religious ceremonies such as offering of Soon to Buddhist monks at her residence. Utmost care was taken to suit her convenience as much as possible. The house restraint order was lifted on October 7, 1995.

Soon after she was released from house restraint she started to take a confrontational stance against the government. The NLD, which had been participating in the political process of the National Convention as the largest group, unilaterally decided to withdraw from the National Convention in November 1995 and took a collision course with the government, taking a series of destructive and highly dangerous steps to hinder the peaceful and systematic process towards democracy. Daw Aung San Suu Kyi threatened the government with utter devastation unless it engaged in a dialogue with the NLD. The government, initiating to meet with the NLD with a view to eventually entering into substantive discussions, also lost an opportunity to achieve its objective when the NLD took the most irrational and perilous step of forming a ten-member parliamentary committee, against existing laws. Of course, there is no basis for the haphazardly formed committee to represent a parliament which does not exist.

My delegation would also like to state in response to a few queries that the resignation of NLD members are decisions of their own, with no intimidation or coercion by the government. They reflect frustrations felt by the NLD members over the pursuit of a policy of utter devastation by Daw Aung San Suu Kyi and her cause for non-investment and economic sanctions. Daw Aung San Suu Kyi's confrontational policy has bred a strong sense of resentment among the people who have to suffer. There have been even reports in the international media that she expelled some of her own elected party members who contradicted her.

Madam Chairperson, We would have liked to love and cherish a woman who also happens to be the daughter of a national hero, General Aung San. But she is obsessed with the idea of bringing about political change through creation of utter devastation.

I would like to assure the distinguished members of the Committee that in Myanmar there is no discrimination against women, and women legally enjoy equal rights with men in political, economic, administrative, and social spheres. The new draft constitution that the National Convention is drafting, we are convinced, will contain provisions that will guarantee equality of women before the law.

Regarding the recommendations made by the ILO Commission of Inquiry under the Forced Labor Convention, I would like to inform the committee that the government has already issued Order number 1.99 dated May 14, 1999, to make the Towns Act of 1907 and Village Act of 1907 conform to the changing situations in the country. This Order effectively made defunct the offending provisions of the Towns Act and Village Act and clearly stipulates that the power to requisition forced labor under these two acts shall not be exercised. Also, any person who fails to abide by the order, shall have actions taken against him or her. The order has been promulgated in the National Myanmar Gazette, and circulated to all State bodies, government's ministries, and local administrative bodies, and also to local and international media. The order, which has the force of law, has in effect ended the requisition of personal services of the residents of village tracts and wards all over the country. The action of the government was properly reported to the ILO by Myanmar's official delegation in June last year.

Daw Khin Aye Win
Madam Chairperson, Distinguished
Members of the Committee,
Regarding the organizational structure of our national machinery for the advancement of women, the Myanmar National Committee for Women's Affairs, as stated in the report, is chaired by the Minister, Ministry of Social Welfare, Relief, and Resettlement. This Ministry is designated as the national focal point for women's affairs because the Department of Social Welfare has a women's section taking care of displaced young women by providing occupational training as well as residential facilities. Members of this Committee are the deputy ministers of related ministries, representatives of the Attorney General and the Chief Justice, and the presidents of the notable woman-related NGOs. This committee is a high-level inter-ministerial policy-making body on women's affairs. It leads and gives guidance in implementing the programs systematically and efficiently. It is instrumental in providing the mechanism for inter-sectoral collaboration and coordination.

As opposed to the Myanmar National Committee for Women's Affairs, which is a policy-making body, the Myanmar National Working Committee for Women's Affairs is an operational body. Its main purpose is to systematically carry out the activities for the advancement of women. This committee is comprised of representatives from related departments and NGOs. The Committee is at present chaired by a lady professor. Apart from the secretary, the six Committee members are the chairpersons of the six subcommittees, namely education, health, economy, culture, violence against women, and the girl child.

On the question of funding, the Myanmar National Committee for Women's Affairs does not receive any budget allocations from the government. It receives donations from well-wishers and from fundraising activities. The six subcommittees are equally allotted for operational activities. However, they can request funds to carry out specific projects. All members of these subcommittees are voluntary members. Personnel of the Department of Social Welfare are engaged full-time with the Committee's activities. The Working Committee and the subcommittee are comprised of both sexes and the ratio is approximately three females to one male.

Madam Chairperson,
One of the areas of concern identified by the Myanmar National Committee for Women Affairs is violence against women. The term "violence" encompasses any kind of violence that takes place against women. However, in our country, research has been conducted only on marital violence as yet. The findings are still in the process of analysis, but some initial findings have been reported. The findings reveal that although the magnitude of violence is low, women suffered both physical and mental violence. For example, in four townships in the Yangon Division, there is 3.89% of physical and 5.9% of mental violence

Another form of violence against women is forced prostitution and trafficking in women. Myanmar is fully aware of this issue, having over 3,800 miles of border with five countries. As there have been increased activities by unscrupulous agents, the government, in collaboration with UN agencies, local and international NGOs, is trying to combat such trafficking. Since the entire trafficking network operates clandestinely, it is impossible to get accurate figures. Although there may be some unreported cases, the known number of women who return to the homeland are 150, the number who are intercepted on their way are 110, and the cases of trafficking in women and children are 2,140. Prompt action has been taken against the perpetrators of trafficking, who were punished with up to ten years of imprisonment. There is a National Task Force on Trafficking in Women and Children and a cross-border committee comprised of representatives of relative departments such as the police force, the Attorney General's office, border areas, and immigration. This committee is headed by a woman and comprises both sexes. It made a few visits to the border areas to collect data from the judicial, police, and health departments, and will be holding a national seminar on trafficking in mid-2000.

Although there is no center specifically for victims of rape, the physical and mental health needs of the victims of rape are taken care of by the doctors and social workers. As stated in the oral presentation, training for service providers of violence against women are in progress. Plans are also underway to establish crisis centers for violence against women. The offenders of rape, whether civilian or military personnel, are tried by their respective courts, and the penalty ranges from five years to life imprisonment.

Madam Chairperson,
Regarding the question on education, one of the objectives of the "Education for All" project is to ensure universal access to primary education. The government is trying its best to meet this objective by various strategies with the collaboration of the Myanmar National Committee for Women Affairs and NGOs. The "All Children in School" project is being implemented by UNDP and the Ministry of Education. Primary education is free, but the government and NGOs are aware that the expenses for text books and stationary could be one factor for the number of drop-outs. Thus, the Working Committee for Women Affairs in all states and divisions, and the NGOs, such as the Maternal and Child Welfare Association, render their assistance by providing school uniforms, textbooks, and stationery. The exact number of girl students who receive this kind of assistance cannot be cited at this time but a Japanese NGO by the name of World Federation for World Peace assisted 30 primary school girls in a village very recently. The distinguished members can see that the total number of stipend beneficiaries is 75,319 students from 192 townships, if you will refer to the booklet Myanmar Maternal and Child Welfare Association in 1999.

The government pays very close attention to the enrollment and retention rates of children from both rural and urban areas. As mentioned in the report, non-formal education is available for illiterate women. The Working Committee for Women's Affairs and NGOs, like the Maternal Child and Welfare Association, are conducting learning and reading circles in collaboration with the communities concerned.

The following figures may satisfy one of the queries. The female percentage of enrollment in universities and professional institutes is 59.7% The percent of [female] primary and middle-level teachers is 72.9%, the percentage of high school teachers is 70.5%, and the percentage of woman faculty members in universities 69.4%. The medium of teaching in primary and middle level is Myanmar language. But English is the medium of instruction in high school and tertiary level. The young children have to study English as a second language from kindergarten in both rural and ethnic areas. The ethnic groups have the their own dialect and are encouraged to promote it outside the school.

With regard to the admission criteria for women to attend universities, it depends entirely on the performance in the basic education high school examination. That is, they need to score high marks. Some institutes inhibit female access, but gender restrictions work both ways. For example, the Institute of Nursing accepts only 20% of its capacity for males. The disciplines that restrict entry of women are: for the dental institute, 20%, for the Institute of Technology, 20%, for the Institute of Agriculture, 25%, for the Institute of Forestry 10%, for marine biology, 20%, for geology 10%. The only reason for the restriction is that the pursuit of many of these disciplines requires physical hardships. The majority of the students, male or female, enter the profession they have been trained for upon graduation. Myanmar women have entered many non-traditional fields: 49.8% of doctors, 57% of medical technologies, and 52% of pharmacists are women. There are also women engineers and architects. A recent success story is that the first two Ph.D. degrees in a Myanmar university were awarded to women. More significantly, their degrees were in the science discipline, Chemistry.

Regarding the question on the number of computer and auditing classes held by the Subcommittee on Economy, a total of six sessions were held in Yangon with 50 girls in each session for last year. Similar classes were held in other parts of Myanmar as well.

Madam Chairperson, with your kind permission I would like to pass on the floor to my colleague, Dr. Khin Ohn Thant. Thank you.

Dr. Khin Ohn Thant
Thank you Madam Chairperson.
Allow me to continue our response by taking up the topic of women at the decision-making level. [The following] data and information may indicate the present status. First, female judges: judges in intermediate courts are 52, judges in lower courts 399, and advocates are 952. There are no legal impediments or any form of restriction. Myanmar women have been aptly represented in international fora. In 1930 a Myanmar woman participated in the drafting of a constitutional reform in London. In 1947 women participated in the drafting of the Myanmar constitution. A lady was appointed director general in the International Organizations and Economics Department in the Ministry of Foreign Affairs from 1978 to 1987. Since then, a number of women have been appointed director general in such departments as trade, cooperatives, accounting general's office, national planning and historical research departments. At present, women represented 27% of the home-based staff and 20% of the diplomatic core abroad. The 1990 Labor Force Survey may shed more light on the mid- to top-level positions in the government service. There were over 331,000 males, comprising 61% of the total force and over 212,000 females, 39% of the total labor force.

It is evident that more progress is called for in spite of women's equal access to higher education and professions. To cite an example, there are only two women rectors, two pro-rectors, in a total of 47 universities.... Our report said that the man is the head of the family. Traditionally, the man is the sole breadwinner and the woman is the housewife. As time changed women began to work. The tradition also changed. There are women who are heads of families. There is more sharing of family reponsibilities between husband and wife as co-partners. The burden of household chores and raising a family is not as demanding on women as it used to be. A Labor Force Survey in 1999 revealed that 20.9% of urban and 19% of rural families are headed by women.

For now, the percent of women in the top level is low, 33.88% in 1996-97. After the completion of the constitution and with a multi-party democratic system, there will be no way of stopping women from running in elections and taking up high posts.

Madam Chairperson,
Regarding laws concerning Myanmar women, the Myanmar National Committee for Women's Affairs requested the Attorney General's office to review all laws concerning women. The outcome is the publishing of the booklet on laws relating to women.

As to the question of whether ethnic women enjoyed the same legal protection as others, the answer is positive. But in some cases, in the remote and far-reaching areas, the mores of the society prevail. These social laws will change as women become more educated and the areas become more accessible.

The labor laws are applicable only to those from the formal sector. However, a woman from the informal sector can file a complaint to the local authorities and also to the Myanmar National Working Committee for Women's Affairs and the letter will request the Township Working Committee for Women's Affairs to handle the matter. This committee, together with the Township Peace and Development Council, will settle the dispute. There were 326 complaints in Yangon for the latter six months of 1999, ranging from marital conflicts, disputes over property, embezzlement, and so on.

A married woman has the right to change the property into her name if there is a partition of property in a divorce case.

The legal age for marriage is 20 years for both sexes, when they can marry without their parents' consent. Reproductive health talks are given to communities to enhance awareness in the girls about the dangers of young pregnancy.

Madam Chairperson,
To respond to questions raised in connection with women in rural areas, income generating programs have been conducted as a measure to alleviate poverty. Small loans are given to poor women engaged in microenterprise by NGOs to promote their economic capacity. The Myanmar Maternal and Child Welfare Association provides vocational training to young girls and women. Agricultural loans are disbursed to applicants regardless of sex.

Madam Chairperson,
We would like to thank the distinguished member of the Committee for her kind suggestion to include mental health in the report, which was inadvertently left out.

Integration of mental health into community health care has begun by training medical officers and basic health workers. The Ministry of Health has appointed psychiatrists to hospitals all over the country and has plans to employ clinical psychologists. By the end of 2001, 75% of existing health personnel will be able to render services for the promotion and protection of mental health for both sexes.

I would now like to give additional information on women NGOs in Myanmar. Apart from the NGOs mentioned in the report, there are many other women NGOs, as Myanmar women have the tradition of actively taking part in NGOs.... The criteria for membership is determined by the organization concerned. These NGOs have to register annually at the Home Ministry. There are no registration fees, but an annual report of the organization has to be submitted.

I would now like to briefly mention the government's endeavors in combating drug abuse. The State Peace and Development Council has considered drug abuse as a national concern ever since its assumption of the State responsibility. In light of this commitment, the Narcotics and Psychotropic Substances Law was enacted in January 1993. Drug abuse prevention and control committees were formed at the central, divisional, township, ward, and village levels throughout the country.

[Regarding] CEDAW, it has been translated into Myanmar language as a first step. The Myanmar National Working Committee on Women's Affairs has been disseminating information on CEDAW through magazine articles and talks in various townships. We are fully aware of the need to disseminate more to the ethnic community in their regional ethnic languages.

Finally, concerning questions on women prisoners. We do not have with us at this time the number of women prisoners, the ratio of female prisoners out of the women population and the ratio of female to male prisoners. We suspect both ratios to be small.

Women prisoners are segregated from the men prisoners. Examples of privileges enjoyed by women prisoners are that the death sentence is reduced to life imprisonment for pregnant women. A woman prisoner may keep with her a child under age four if she so desires. Except for a crime punishable with death or life imprisonment sentence, a first time woman culprit may be freed on a guarantee of good conduct, depending on the age and character of the culprit, and the seriousness of the crime.

Thank you for your kind attention.

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