Women and girls in Myanmar may be protected from violence under criminal laws and special criminal laws, including the Penal Code, which has sections referring to offenses against women such as causing miscarriage (Sections 312-314 of the Penal Code), criminal force and assault (Sections 349-358 of the Penal Code), kidnapping, abduction, slavery and forced labor, rape and offenses relating to marriage.[10] See Sections 319-338 of the Penal Code for offenses relating to hurt caused. Special laws in Myanmar include the Myanmar Buddhist Women's Social Marriage Law (2015) and the Monogamy Law (2015).
An average of 10% (247 out of 1,059) of domestic violence cases were reported to the police and subsequently reached court; the rest were resolved through mediation. Of the 247 cases that reached trial, most were investigated and the perpetrators were charged with between three months and 10 years of imprisonment.[11]
Based on Myanmar's 1861 Penal Code, rape can only be committed by men, and the definition of "rape" constitutes vaginal penetration only with no acknowledgement of martial rape.[12] The 1861 Penal Code at 376/377 states the following:
376. Whoever commits rape shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, unless the woman raped is his own wife and is not under twelve years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Of Unnatural Offences
377. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with transportation for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.[13]
Article 445 of the Constitution of Myanmar grants immunity to state and military personnel for crimes.[14]Myanmar acceded to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1997, under which the state is obligated to support the elimination of all discriminatory laws and practices against women, including gender-based violence.[15]
However, the state has not adopted the definition of domestic violence from the framework of the CEDAW, adopted in 1979 by the United Nations General Assembly.[16]Myanmar has ratified the 1979 Convention.[18] However, Myanmar has made very little progress in addressing the attributes of General Comment No. 35, for example:
- The Penal Code remains outdated and does not criminalize unwanted sexual touching or sexual harassment outside the context of sexual intercourse, and it only prohibits and punishes marital rape if the victim is 14 years older or younger.[19]
- Article 445 of the Constitution of Myanmar prohibits initiating proceedings against any member of the government for official acts. This operates as a guarantee of immunity.[20]
- There is no specific law criminalizing domestic violence.[21]
- The enactment of "laws on the protection of race and religion" operate to continue discrimination against women.[22]