4 4.9 Freedom of Association A network of civil society and community-based organisations is active at both the national and local levels, including many ethnic minority-based groups. In the aftermath of Cyclone Nargis, Myanmar CSOs greatly expanded and organised as they worked to help survivors. They have remained a significant positive force in the country and have been able to engage with the Government to some extent. Since 2011 Myanmar civil society groups have had more freedom to organise and have taken that opportunity to increase their activities to help people claim their rights, including those affecting local communities. An early draft of the Association Registration Law required all groups to be formally registered, with severe penalties for failing to do so. CSOs raised this as a key concern, with the EITI CSO group asking for clarification before agreeing to participate in EITI. The law was adopted in July 2014 with this provision removed. It retains another provision of concern to CSOs, which requires groups who do decide to register to do so at township, state or national level, thereby potentially restricting their area of operation. 598 The website of the International Centre for Not-for-Profit Law (ICNL) provides information on laws relating to Myanmar civil society. 599 Corruption Myanmar ranks 156th out of 175th on Transparency International’s Corruption Perception Index. In December 2012 the President announced that the Government would tackle pervasive corruption in its ranks, 600 and ratified the UN Convention against Corruption (UNCAC). 601 An Anti-Corruption Law was enacted on 7 August 2013 by the legislature although the President’s Office submitted comments highlighting weaknesses and inconsistencies with UNCAC. 602 The law is to be implemented by the recently established Anti-Corruption Commission appointed in February 2014. The Commission comprises 15 members, five of who are appointed by the President, with another five each appointed by the speakers of both houses. However MPs have raised concerns that the Commission is not effective, noting in September 2014 that it had only dealt with three out of 533 cases. 603 While it is encouraging that the Myanmar Government has acknowledged the problem of widespread corruption and begun to take steps to address the issue, it remains a major risk for companies investing in Myanmar. Given the home state anti-corruption laws that apply to many of the larger international ICT companies and the significant fines for violations, this will be an on-going issue, as it will take time for corruption to be 598 DVB, “Activists relay worries of draft association law to parliament” (5 June 2014). ICNL, “NGO Law Monitor: Myanmar (Burma)” (accessed 25 July 2014). 600 Third phase of reform tackles govt corruption, President says, The Irrawaddy, 26 December 2012. 601 United Nations Convention against Corruption Signature and Ratification Status as of 2 April 2014, United Nations Office on Drugs and Crime (accessed 15 July 2014). 602 The Republic of the Union of Myanmar President’s Office, “Press Release on the Promulgation of AntiCorruption Law” (8 August 2013). The Law incorporates provisions that are in certain respects narrower than those used in the Organization for Economic Co-operation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Convention). The definition of “bribe” incorporated in the law is narrower than that used in the OECD Convention. Further, Myanmar’s anti-corruption law does not include provisions that address accounting and record-keeping standards. 603 The Irrawaddy, “MPs Voice Doubts Over Burma’s Anti-Corruption Commission” (24 September 2014). 599 240 PAGE CHAPTER 4.9: STAKEHOLDER ENGAGEMENT & GRIEVANCE MECHANISMS