annulled Law No 6/88 (Article 43), thereby increasing the political space for CSOs and
others to form organisations.
Risks to Right to Freedom of Association
An early draft of the 2014 Law Relating to Registration of Organisations required all
groups to be formally registered, with severe penalties for failing to do so. The law was
adopted in July 2014 with this provision removed. However 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. This thereby potentially restricts their area of operation, since
organisations that register in one township would only be able to operate in that
township. 100 The website of the International Centre for Not-for-Profit Law (ICNL)
provides further information on laws relating to Myanmar civil society. 101
Table 19: Provisions of the Law Relating to the Registration of Organisations with
Potential to be used to Infringe the Right to Freedom of Association
Prohibited organisations include those “that attempt, instigate, incite, abet or commit
acts that may in any way disrupt law and order, peace and tranquility, or safe and
secure communications” and “Organisations that attempt, instigate, incite, abet or
commit acts that may [affect] or disrupt the regularity of state machinery” (s5)
“Any person found guilty of committing an offence…shall be punished with
imprisonment for a term which may extend to five years.” (s6)
Risks of Company Involvement in Human Rights Violations
Read broadly, ICT companies found to be providing services to such prohibited
organisations might be accused of ‘abetting’ them. In particular:
Anyone found “aiding and abetting…organisations that are not permitted to form or not
permitted to continue in existence…shall be punished with imprisonment for a term
which may extend to three years.” (s7)
An ICT company, to avoid liability or revocation of their license, might therefore take steps
to contribute to a restriction of an organisation’s right to freedom of association (or
expression).
Unlawful Associations Act (1908)
Background, Scope and Objectives
A number of laws restricting freedom of expression and association in Myanmar are still in
force, in spite of the legal reform process which began during 2011. Among them is the
colonial era 1908 Unlawful Associations Act.
100
101
DVB, “Activists relay worries of draft association law to parliament” (5 June 2014).
ICNL, “NGO Law Monitor: Myanmar (Burma)” (last accessed August 2015).
CHAPTER 2:
ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK
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