Acknowledgements, The OECD Open Government Report of Myanmar was prepared by the OECD in collaboration with. the Government of the Republic of the Union of Myanmar It was drafted from July to November 2013. based on extensive desk research and interviews with representatives of all relevant public. institutions members of academia and of non governmental organisations The draft version of the. report was discussed with representatives of the Government in November 2014 and finalised by. March 2014, The project was carried out under the leadership of Martin Forst head of the Governance Reviews. and Partnership Division of the Directorate for Public Governance and Territorial Development and. the supervision of Alessandro Bellantoni Coordinator of the OECD Open Government Project in. Myanmar The Report was written by a team comprising Allison Morris Pete Silvester Alessandro. Bellantoni Katharina Z gel Moritz Ader Yasser Kosper Ciara Muller Delphine Mergier and. Katarzyna Weil of the Governance Reviews and Partnership Division Hla Hla was responsible for the. unofficial translation of the document in Burmese, The OECD wishes to thank the Permanent Delegation of the United Kingdom to the OECD for its. financial support the British Embassy in Yangon for its assistance and the USAID mission in. Myanmar for its in kind contribution,Table of Contents. 1 HISTORICAL BACKGROUND OF MYANMAR 11,1 1 Myanmar s government today 12. 1 1 1 The Legislative Branch 13,1 1 2 The Executive Branch 13. 2 INTRODUCTION 16, 2 1 Myanmar s interest to join the Open Government Partnership 16. 2 2 Focus of the Assessment 18,2 3 Structure of the Assessment 18. 3 PUBLIC GOVERNANCE FRAMEWORKS FOR OPEN GOVERNMENT 20. 3 1 National Frameworks for Reform 20, 3 1 1 The National Comprehensive Development Plan NCDP 21. 3 1 2 The Framework for Economic and Social Reforms FESR 22. 3 1 3 The Nay Pyi Taw Accord for Effective Development Cooperation 24. 3 2 Institutions supporting and coordinating the reform process 25. 3 3 Challenges to the political reform process 27, 3 3 1 Institutions face capacity and implementation barriers 27. 3 3 2 Barriers relating to the legacy of Public Administrators 27. 3 3 3 National unity 28, 3 4 The 2008 Constitution as a governing framework 28. 3 4 1 The Joint Review Committee 29,3 5 New mechanisms to monitor public service 30. 4 CIVIC ENGAGEMENT 33, 4 1 Constitutional Rights relating to civil freedoms and access to information 35. 4 2 Legislation relating to freedom of expression association and media 37. 4 2 1 Access to Information in Myanmar 39, 4 3 Government institutions supporting civic participation and access to information 41. 4 3 1 Ministry of Information 41, 4 3 2 MNPED and the Central Statistics Organization 42. 4 3 3 Semi and Non government institutions supporting civic participation and access to information. 4 3 3 1 National Human Rights Commission of Myanmar NHRC MNHRC 43. 4 3 3 2 Myanmar Press Council MPC 44,4 4 Civic participation 45. 4 4 1 Avenues for citizens to engage with government 45. 4 4 2 The United Nations Convention Against Corruption UNCAC 46. 4 4 3 Capacity building efforts to improve government official s ability to engage with citizens 46. 4 4 4 Public Consultation in the policy making process 47. 4 5 Women s participation in politics and policymaking 49. 4 6 Additional Challenges to Public Participation 51. 4 7 Capacity building for openness engagement and transparency 51. 5 INTEGRITY 53,5 1 The new drive to fight corruption 54. 5 2 Anti corruption in Myanmar law 54,5 2 1 The 2008 Constitution 56. 5 2 2 The 2013 Anti Corruption Law 56,5 2 2 1 Asset Declaration and OGP Eligibility 57. 5 3 Anti corruption institutions and policies 57,5 3 1 Other anti corruption bodies 59. 5 4 Integrity in public procurement and Human Resources Management 59. 5 4 1 Codes of conduct 61,5 5 Effectiveness of the judiciary 63. 5 6 Civil society actors engaged in anti corruption 64. 6 FISCAL TRANSPARENCY 65,6 1 PFM reforms 66,6 2 Fiscal practices in the 2008 Constitution 67. 6 3 Legislated fiscal practices 68,6 4 Open Budget Survey 69. 6 5 Institutional framework supporting fiscal transparency initiatives and laws 70. 7 HARNESSING NEW TECHNOLOGIES FOR OPEN GOVERNANCE 73. 7 1 Government and non government institutions supporting ICT development 74. 7 1 1 Ministry of Communications and Information Technology 74. 7 1 2 Myanmar Computer Federation 74,7 2 The use of ICT by the GoM 75. 7 2 1 Recent initiatives to promote and implement e government 76. 7 3 ICT capacity building efforts 79,7 4 ICT Legal Framework 79. 7 4 1 The 2004 Electronic Transactions Law 80, 7 5 Challenges for e government and ICT initiatives 80. 8 RECOMMENDATIONS AND PROPOSALS FOR ACTION 83,8 1 Over arching recommendations 83. 8 1 1 Reinforce Centre of Government coordination 83. 8 1 2 Refocus on policy implementation 83, 8 1 3 Capacity building and human resource reform 83. 8 2 Specific proposals for action in each of the 4 Open Government pillars 84. 8 2 1 Civic Engagement 84,8 2 2 Integrity 84,8 2 3 Fiscal Transparency 84. 8 2 4 New technologies for harnessing open government 85. 8 3 Rating against OGP Eligibility Criteria 85,ANNEX 1 HLUTTAW COMMITTEES 87. ANNEX 2 EIU DEMOCRACY INDEX INDICATORS FOR CIVIL LIBERTIES 88. ANNEX 3 DRAFT PRESS LAW BILL FIRST DRAFT 89,ANNEX 4 1 WORKSHOP 94. ANNEX 5 DRAFT PRINTING AND PUBLISHING ENTERPRISE LAW BILL 100. ANNEX 6 LIST OF INTERVIEWS 105,BIBLIOGRAPHY 107,UNOFFICIAL TRANSLATION INTO BURMESE 111. List of Tables Boxes and Images, Table 1 Description of Myanmar s National Parliament houses the Amyotha and Pyithu. Table 2 List of Ministries in Myanmar relevant to OGP. Table 3 Phases of the National Comprehensive Development Plan. Table 4 Constitutional Joint Review Committee Members. Table 5 Distribution of advice letters received, Table 6 Laws containing provisions related to integrity and anti corruption. Table 7 Comparison of PEFA Assessments from Norway and Thailand with Myanmar. Table 8 Assessments from the 2012 Open Budget Survey. Table 9 2012 ICT Indicators for Myanmar published by the International Telecommunications. Table 10 Use of social media by Myanmar Ministries is limited and lacks engagement with. Table 11 Snapshot of e government index rankings for Myanmar per the UN e Government. Table 12 Types of country approaches to increasing user take up. Table 13 OGP Eligibility Criteria and Summary of Myanmar s current Score. Table 14 Recommendations specific to the OGP selection criteria. Box 1 Important dates in Myanmar s post independence history. Box 2 The Open Government Partnership Accession process and declaration. Box 3 The centre of government functions,Box 4 Framework for Economic and Social Reforms. Box 5 Nay Pyi Taw Accord for Effective Development Cooperation. Box 6 Non governmental institutions supporting the reform process. Box 7 Recent initiatives by international donors and bilateral agencies in support of reforms. Box 8 Stages to elaborate an evaluation system, Box 9 OECD Guiding Principles for Open and Inclusive Policy Making. Box 10 Constitutional Review Committee An opportunity for public consultation and. regaining civil liberties, Box 11 Parliament Revises Restrictive Association Law Following Broad CSO Consultation. Box 12 Principles of Access to Information Laws put into practice in Finland. Box 13 E consultation procedures,Box 14 Making legislation understandable. Box 15 The case of the Spanish Defensor del Pueblo. Box 16 Combining different types of consultation tools. Box 17 The Netherlands Code of conduct for professional consultation. Box 18 The National Strategic Plan for the Advancement of Women NSPAW. Box 19 Establishing citizen engagement as a core competency of government officials. Box 20 Myanmar and the United Nations Convention against Corruption UNCAC. Box 21 Indonesia High Compliance due to internal incentives and sanctions. Box 22 Models of specialised anti corruption institutions. Box 23 The Telecommunications License Tender, Box 24 Tunisia Electronic Public Procurement System. Box 25 OECD principles for improving ethical conduct in the public service. Box 26 A Code of Conduct for Tunisian public officials. Box 27 Pointing to corruption in Morocco the activities of Transparency Maroc. Box 28 Insights from the World Bank PFM performance report. Box 29 OECD Best Practices for Budget Transparency. Box 30 The Extractive Industries Transparency Initiative. Box 31 Brazil Innovative solutions to educate and involve citizens in the budget process. Box 32 Afghanistan A remarkable increase in budget transparency within four year. Box 33 5 Steps to Help Myanmar rapidly improve budget transparency by international. Box 34 Switzerland Live Internet transmission of parliamentary debates. Box 35 Public services at your local store the Italian networks of friends Reti Amiche. Box 36 Myanmar s e government initiatives received a boost in 2013. Box 37 Guiding Principles for Successful E Government. Box 38 South Korea leading global e government good practices. Box 39 Innovative use of m government, Image 1 Organizational chart of the Government of Myanmar as of 2013. Image 2 OECD Open Government Analytical Framework, Image 3 Defining Information Consultation and Active Participation. Image 4 Number of OECD countries with Law on Access to information. Image 5 Beginner s guide to freedom of expression laws. Image 6 Objectives of civic participation, Image 7 Share of women parliamentarians and legislated gender quotas 2012 and 2002 in. OECD countries, Image 8 Share of women ministers 2005 and 2012 in OECD countries. Image 9 Organizational Chart of Myanmar Computer Federation. Abbreviations,ADB Asian Development Bank, APCICT Asia Pacific Training Centre for Information and Communication Technology. ASEAN Association of Southeast Asian Nations,BSI Bureau of Special Investigation. CSOs Civil Society Organizations, EITI Extractive Industries Transparency Initiative. EIU Economist Intelligence Unit,GDP Gross Domestic Product. GoM Government of Myanmar,FATF Financial Action Task Force. FDI Foreign Direct Investment,FESR Framework for Economic and Social Reforms. FESD Framework for Economic and Social Development. FIU Financial Intelligence Unit,ICT Information and Communications Technology. IMF International Monetary Fund,JICA Japan International Cooperation Agency. MCF Myanmar Computer Federation,MDRI Myanmar Development Research Institute. MCIT Ministry of Communications and Information Technology. MNHRC Myanmar National Human Rights Commission,MoI Ministry of Information. MNPED Ministry of National Planning and Economic Development. MPC Myanmar Press Council,NGO Non governmental organization. NLD National League for Democracy,NPT Nay Pyi Taw, OECD Organisation for Economic Co operation and Development. OGP Open Government Partnership,PFM Public Financial Management. PSRD Press Scrutiny and Registration Division,SEE State Economic Enterprises. SLORC State Law and Order Restoration Council,SPDC State Peace and Development Council. UNCAC United Nations Convention Against Corruption. UNDP United Nations Development Program,UNODC United Nations Office Drugs and Crime. USDP Union Solidarity and Development Party,USFATF United States Financial Action Task Force. 1 HISTORICAL B ACKGROUND OF M YANMAR, In 1962 the Republic of the Union of Myanmar then Burma underwent a coup d tat resulting in. the country being governed by a military junta that de facto severed all its political and economic ties. to the outside world For over two decades Burma took on a centralized controlled economy headed. by an autocratic and corrupt dictatorship Separatist territories and nationalities in Myanmar s. ethnically distinct states at the fringes of the country have since struggled against the central. government through decades of civil war and armed conflict In the following 30 years as per capita. GDP in the rest of Asia grew in multiples Myanmar stagnated barely growing at all. Box 1 Important dates in Myanmar s post independence history. 1826 1947 Colonial period,1947 Bogyoke Aung San assassinated. 1948 Independence,1958 First temporary coup d tat by the military. 1962 Military coup deposes civilian government and institutes the Burmese way of. socialism including the nationalisation of all non agricultural enterprises. 1988 Following unrest the State Law and Order Restoration Council SLORC takes. power through an internal coup Myanmar is declared a market economy. First Foreign Investment Law enacted,1989 Burma renamed Myanmar. 1990 In elections National League for Democracy NLD wins 392 of 492 seats and. 53 of popular vote but the results are annulled by SLORC First sanctions. 1997 Myanmar joins ASEAN, SLORC renamed the State Peace and Development Council SPDC. 2005 Capital moved from Yangon formerly Rangoon to Nay Pyi Taw. 2008 Cyclone Nargis devastates the Irrawaddy delta killing up to 150 000. 2010 Elections boycotted by NLD because of continuing imprisonment of dissidents. and disputes over the 2008 Constitution, 2011 SPDC formally transfers power to a new Union Government General Than. Shwe steps aside U Thein Sein becomes president, 2012 By elections held to fill 45 seats vacated by members assuming ministerial. office NLD wins 43 seats Daw Aung San Suu Kyi is elected. 2014 Myanmar to chair ASEAN for the first time,2015 General elections to be held in December. Source OECD 2013 Investment Policy Review of Myanmar Draft Report DAF INV WD 2013 13. In 1988 authorities showed signs of relaxing control when the government declared the country a. market based economy and General Ne Win the socialist who had been in power since 1962. stepped down This period was characterized by mass protests by Civil Society Organizations CSOs. and students demanding democratic reforms However hoped political transition ended abruptly in a. Prior to the military coup Burma was a British colony 1826 1947 before gaining independence in 1948. McKinsey Global Institute 2013 Myanmar s Moment Unique Opportunities Major Challenges. http www mckinsey com insights asia pacific myanmars moment. brutal crackdown of student protests on August 1988 shortly after which democracy leader Daw Aung. San Suu Kyi was put under house arrest and many more dissident Burmese were imprisoned For the. next decades until 2011 Myanmar would be ruled by the State Law and Order Restoration Council. SLORC led by General U Than Shwe, The 1988 transition to a market economy only went as far as to protect the established interests the. military and their supporters in the main national industries despite taking on the basic principles of. a market based economy which among other things caused increasingly severe sanctions in major. markets by key commercial partners such as the United States and the European Union. International sanctions both undermined the economy and the political legitimacy of the GoM and led. to a deepening of Myanmar s economic and political relations with China. In the 1990s Myanmar s countryside grew rife with poverty and oppression while the other economies. in the region underwent the Asian Miracle In the twenty years following 1990 Myanmar s per capita. GDP grew by 2 7 annually while the rest of Asia averaged at 4 2 In 2011 the SLORC by now. referred to as the State Peace and Development Council transferred power to a new government led. by President U Thein Sein By elections were held in April 2012 in which the National League for. Democracy won 43 of 45 vacant seats including an elected seat for Daw Aung Suu Kyi. Since 2011 the GoM has undergone significant steps in the democratic reform process that have. been welcomed by the international community Slowly international sanctions have been lifted as it. becomes clear that the GoM has decided to open its economy and reform its polity. 1 1 Myanmar s government today, The Union of Myanmar the official title for the Government of Myanmar is a unitary presidential. constitutional republic The latest constitution was voted into place on 29 May 2008 and. parliamentary government took control following in March 2011 after the current president Mr U. Thein Sein took office, OECD 2013 Investment Policy Review of Myanmar Draft Report DAF INV WD 2013 13 Paris. McKinsey Global Institute 2013 Myanmar s Moment Unique Opportunities Major Challenges. http www mckinsey com insights asia pacific myanmars moment. Shortly after Cyclone Nargis occurred on 2 3 May 2008. 2008 Constitution, Legislative Branch Executive Branch Judicial Branch. Regional State Pyidaungsu Hlutaw Supreme Court of,Hluttaws Union Assembly the Union. High Courts of the,Amyotha Hluttaw Vice Presidents. Regions States,Upper House x2,Ministers of the Ministers Township Other. Pyithu Hluttaw,President s Office x 32 Courts,Lower house. Image 1 Organizational chart of the Government of Myanmar as of 2013. 1 1 1 The Legislative Branch, The parliamentary system is bicameral with a 224 seat upper house Amyotha Hluttaw or House of. Nationalities and a 440 seat lower house Pyithu Hluttaw or House of Representatives Together. the two houses make up the Pyidaungsu Hluttaw National Parliament One quarter of all seats in the. upper and lower house are assigned to military representatives who serve 5 year terms In the. previous election approximately 75 of elected seats were claimed by the Union Solidarity and. Development Party and the remaining seats were claimed by minority parties The next national. election will take place in December 2015 Sub nationally the 7 regions and 7 states all have elected. unicameral legislature, Within the Hluttaw are various committees which are charged with developing legislation or making. recommendations A list of the current Hluttaw committees can be found in Annex 1. Amyotha Hluttaw Pyithu Hluttaw, Alternate Names Upper House House of Lower House House of. Nationalities Representatives,Number of members 224 Up to 440. Elected members vs Military appointed 168 elected 56 330 elected 110. members appointed appointed, Representation Elected to represent Elected to represent. townships by population states and regions, Table 1 Description of Myanmar s National Parliament houses the Amyotha and Pyithu Hluttaw. 1 1 2 The Executive Branch, The Executive branch of the government consists of the President the Vice Presidents and Minister. level appointees By law no executive branch members are members of parliament The President is. supported by 2 Vice Presidents 6 Ministers to the President and approximately 32 other Ministers. Ministries that are especially relevant to supporting Open Government in Myanmar are listed in the. below table,Key Cabinet Body OGP Keywords Description. Ministry of the President s Policy coordination 6 Ministers make up the President s Office. Office which functions as a Ministry and supports the. President U Thein Sein overall reform process Previously the Ministry. was made up of only 2 Ministers but in,September 2012 the President appointed 4. additional Ministers to his office The,motivation behind expanding the Ministry was. to improve efficiency in the peace process to,support Myanmar s ASEAN chairmanship in. 2014 and to assist Parliament in approving the,2012 Foreign Direct Investment FDI law. Ministry of National Policy coordination The Ministry of National Planning and. Planning and Economic civic engagement Economic Development NPED is responsible. Development MNPED reform strategy for coordinating with other government. Minister Dr Kan Zaw ministries to support and plan sectorial reforms. and to ensure that ministerial action plans are,aligned with national development plans such. as the National Comprehensive Development,Plan The MNPED is also responsible for. collecting and publishing relevant public,indicators and data from across ministries with. its sub unit the Central Statistics Organization, Ministry of Information Civic engagement The MoI is responsible for ensuring all new bills. MoI access to and laws of the Union of Myanmar are. Minister U Aung Kyi information promulgated to citizens as required by the. 2008 constitution It is also spearheading the,efforts to enhance the engagement between. government and the media through regular,press conferences The objectives of the MoI. according to their public website are To,inform the public of major tasks being. implemented in accord with the policy of the,Government progress of long term and short. term plans implementation and significant,events and incidents to educate or agitate sic. through organization for enhancing the,knowledge of the public and to entertain the. Ministry of E government The Ministry of Communications and IT is the. Communications and IT infrastructure primary authority responsible for regulating. MCIT telecommunications communication technologies and also. Minister U Myat Hein oversees the Myanma Post and, The Irrawaddy 2013 Four New Ministries Created in the President s Office www irrawaddy org reform four new ministries. created in presidents office html, The Irrawaddy 2013 Four New Ministries Created in the President s Office www irrawaddy org reform four new ministries. created in presidents office html, The Ministry of Information Myanmar 2013 http www moi gov mm. Telecommunications company the main,provider of telephone and internet services. and the Post and Telecommunications,Department the main regulator of. telecommunications which includes spectrum,management The MCIT is also responsible for. coordinating the GoM s efforts to implement,new e government initiatives by 2014. Ministry of Finance and Fiscal transparency The MoFR is responsible for transparent and. Revenue MoFR accountable public financial management in. Minister U Win Shein Myanmar It has partnered with the MNPED to. prepare strategic plans and economic targets,and develop the budget for capital expenditure. The Internal Revenue Department and to a,certain extent the Central Bank of Myanmar are. both within the Ministry although the Central,Bank has been granted greater independence. following the promulgation of the Central Bank,Law in July 2013. Auditor General Fiscal Alongside the MoFR the Auditor General is. Auditor General transparency anti also responsible for transparent and. U Thein Htaik corruption accountable public financial management in. Myanmar The duties of the Auditor General,office include auditing government accounts. and offering accountancy advice to government,bodies when sought The Auditor General. reports to the Hluttaw through the president,rather than directly The Auditor General. oversees accountancy training and certification, Table 2 List of Ministries in Myanmar relevant to OGP.
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