Women-Related Laws

GBV and the law

There are provisions in the Penal Code that specifically apply to women and gender-based violence. These include:

 

• Rape.⁴
• Deception in relation to marriage and sexual intercourse,⁵ including kidnapping a woman knowing she may be subjected to grievous harm.⁶
• Laws relating to protecting a woman’s modesty, which may be used to criminalise physical⁷ verbal, and non-verbal⁸ sexual harassment.

 

Other specific forms of gender-based violence are covered under laws relating to trafficking, forced labour, and prostitution. See Forced Labour, Trafficking, and Prostitution.

Rape

Under Myanmar law, rape occurs when man has sexual intercourse with a female person under 16 years of age, regardless of consent.⁹

Rape of a female under 12 years of age carries 20 years to life imprisonment.¹⁰

If the female person is over 16 years of age, sexual intercourse without consent is considered rape.¹¹  This includes where a man has non-consensual sexual intercourse with his wife.¹²

Consent cannot be obtained through deception, threats of injury, or from persons who cannot understand the nature and consequences of the consent,¹³  including as a result of intoxication.

Additional offences may be charged along with rape, including provisions against the use of force,¹⁴ voluntarily causing harm or grievous harm¹⁵ or false imprisonment¹⁶ .

Other laws and domestic violence

Although Myanmar law does not cover all forms of gender-based violence, or specifically address domestic violence, several provisions in the Penal Code may apply in these instances, such as specifically to protect survivors of domestic violence, including:

 

• Voluntarily causing injury,¹⁷ assault,¹⁸ and murder.¹⁹
• Criminal intimidation,²⁰ false imprisonment,²¹ and kidnapping.²²

 

Domestic violence is not limited to acts of physical violence but may also incorporate financial and emotional harm.

Forced Labour

Forced labour is prohibited with the exception of hard labour for persons over 18 years of age as part of a criminal sentence and in cases of state emergency.²⁴

Child labour means the sale, slavery, servitude, trafficking or debt bondage of a child, or forced or mandatory labour or recruitment for use in armed conflict.²⁵

Myanmar citizens and residents who are victims of forced labour can lodge a complaint by contacting an International Labour Organization (ILO) Liaison Officer, to seek compensation without fear of prosecution, harassment, or other form of reprisal.

Trafficking

ll forms of trafficking in persons are illegal, and there are significantly harsher penalties for the trafficking of persons under 18 years of age.²⁶

Victims cannot be prosecuted for actions they were forced to commit as part of being trafficked under this law.²⁷

Victims can report their case to the Anti-Trafficking Task Force established under the Anti-Trafficking in Persons Law (2005).

Provisions under this law protect women and under 18s by closing access to court proceedings and documents to persons not directly involved in the case. Official approval is required before publication of case details.²⁸

Trafficking victims may receive medical assistance, temporary shelter and support in filing a separate suit in criminal and civil court against the trafficker/s, among other social services.²⁹

Prostitution

Prostitution is illegal under Myanmar law.³⁰

Using words or gestures in a public place to solicit prostitution is illegal under the Suppression of Prostitution Act (1949).³¹

There are criminal penalties for economically benefitting from the sex work of others such as by owning and managing of a brothel.³²

Individuals found living with known sex workers may be charged.³³  Those living with children under their guardianship also face monetary and criminal penalties if living with a person who earns a livelihood by prositution.³⁴

It is illegal to knowingly allow a child under your guardianship to earn a living by prostitution.³⁵

The Penal Code imposes additional penalties on offenders who exploit persons under 18 years of age for the purposes of prostitution.³⁶

Voluntarily causing a miscarriage is illegal except to save a women’s life.³⁷

The sentence significantly increases if the miscarriage is caused in the later stages of pregnancy, without the women’s consent, or if the woman dies by an act intended to cause miscarriage.³⁸

Concealing a birth by burying or disposing of a fetus or the dead body of a newborn is also a criminal offence.³⁹

It is illegal to practice midwifery without a license.⁴⁰

If an official medical board has not certified a sterilization procedure, both the practitioner and patient face imprisonment and fines.⁴¹

There are additional penalties for procedures resulting in the death of a woman or conducted without her consent.⁴²

Women must conduct searches of other women during an arrest.⁴³

Female children should be supervised by female prison staff.⁴⁴

Women are always entitled to bail, regardless of the category of the offence charged.⁴⁵

Women prisoners over 16 years of age should be admitted into prison by female prison staff.⁴⁶

Women should also be kept separate from male prisoners and not handcuffed, shackled or whipped.⁴⁷

A child of the female prisoner may be allowed to remain with the mother in the prison until the age of 6 if the mother so wishes.⁴⁸  Under such circumstances, the officer in charge of the prison is responsible for food, clothing, accommodation and healthcare of the child.⁴⁹

အသက်၁၆ နှစ်အောက် ရှိသူများ၏ အခွင့်အရေးများနှင့် စွပ်စွဲခံရသူ၏ အခွင့်အရေးများကို ပိုမိုသိရှိရန်စေရန် “စွပ်စွဲခံရသူများ၏ အခွင့်အရေး” ကဏ္ဍတွင် ကြည့်ပါ။

The minimum age of marriage is 18 years of age for both men and women.⁵⁰

Customary laws with regard to succession, inheritance, marriage or religious practices and institutions may also apply.

There are criminal and monetary penalties for individuals who commit forced marriage or permit a child to be subject to forced marriage.⁵¹

Under Myanmar law, an employer shall not discriminate nor deny equal opportunity based on race, birth, religion, or sex.⁵⁸

Women are entitled to equal opportunity in the workplace.⁵⁹

Women are entitled to the same rights and salaries as men.⁶⁰

All employees are entitled to minimum wage regardless of gender.⁶¹

In appointing and assigning duties in the civil service, discrimination is generally prohibited with the exception of positions that are deemed suitable for men only.⁶²

Women in the formal sector are entitled to 6 weeks of prenatal and 8 weeks of postnatal paid maternity leave.⁶³ Maternity leave may be longer if the employer participates in a social security scheme.⁶⁴

Women in the informal sector are not covered by most of the laws ensuring maternity leave, among other labour rights, protections, and benefits

.

• Age of Marriage Act(2017)
• Anti-Trafficking in Persons Law (2005)
• Burma Laws Act (1898) Art. 13.
• The Child Rights Law (2019)
• Code of Criminal Procedure (1898)
• Constitution (2008)
• Evidence Act (1872) (amended 2015) – amended unread
• Farmland Law (2012) §3(g)
• Leave and Holidays Act (1951) (amended 2014)
• Law Amending the Penal Code (6/2016)
• Law Amending the Suppression of Prostitution Act, 1949
• Law relating to the Nurse and Midwife (19/1990)
• The Minimum Wages Law (2012)
• National Land Use Policy (2016) §75(a)
• 1861 Penal Code
• Prisons Act (1894)
• Social Security Law (2012)
• Law Amending the Suppression of Prostitution Act, 1949

Introduction

 

• In rare instances after a conviction, a convicted person may have their offence/s pardoned, either individually or as part of an amnesty in which many people are pardoned at the same time.
• Once pardoned or subject to an amnesty, the convicted person is to be exempt from any remaining punishment and should be released immediately.
• As the legal consequences of accepting a pardon or participating in an amnesty varies according to the specific context, it is best to consult with a lawyer.
  • The lawyer should inform his or her client on a range of alternative options, such as filing for revision or appeal. Depending on the stage of trial, a lawyer may also be able to have the charges dismissed by the judge or arrange for the charges to be discharged by the law officer or, if the case is compoundable, withdrawn at the request of the complainant.
• As part of the pardon process, a convicted person should expect to sign a document in exchange for release. A lawyer should review this document wherever possible to avoid the possibility of submitting false statements or consenting to an agreement that unjustly burdens the person who is to be pardoned.

 

Pardon

 

• An accused person may be eligible for a pardon if he or she admits guilt or provides incriminating information regarding the actions of others. ¹
  • An accused who wishes to make an admission regarding his or her actions or provide incriminating evidence against other persons should first consult with a lawyer.
• If the accused decides to admit guilt as part of a pardon. The accused is to be examined as a witness of the court as part of the pardon process. ²
• While a pardon may be negotiated with a law officer, the final decision is within the discretion of a judge.
• If the judge is satisfied that there are "reasonable grounds for believing the accused is guilty of an offence," the judge shall commit the accused for trial to the Union Supreme Court or District court. ³
• Between the time in which the accused has been committed to trial and before the final judgment (sentencing), the Union Supreme Court may order the original court (Township or District Court) to tender a pardon to the accused. ⁴
• A law officer may challenge whether or not the accused complied with the conditions of a pardon. It may lead to prosecution under the original charges as well as additional charges for concealing evidence or providing false information. ⁵

 

Presidential Pardon/Amnesty

 

• The President may issue a pardon to any person (or amnesty to a group of people) who has been sentenced to punishment for an offence. ⁶
  • The pardon may involve the suspension of any part of a criminal sentence or the whole sentence entirely.
  • This pardon may be issued with or without conditions on the person (or persons) receiving the pardon.
  • If the person who received a pardon does not meet the conditions for the pardon, if any, then the President may cancel the pardon and order the accused to complete the remainder of the previous sentence. ⁷
    • The pardons or amnesties may be conditional; on the basis of refraining from, or engaging in, specific conduct.
• The President may consult with the presiding Judge in order to grant the pardon. ⁸
• Although amnesties are generally applied to a group, a convicted person may want to consider making individual appeals for a pardon to the relevant members of the executive branch if possible.