Myanmar: Analysis of the Organisation Registration Law
decision in accordance with the law. This implies that additional screening measures may be
imposed via regulation or possibly on an ad hoc basis by the assigned department. The NGO
Law may intend this department to be GAD or the relevant sector department, but it does
not specify this.65
If the board decides to grant registration, it must issue the registration certificate within 30
days of that decision. The organisation must pay registration fees within a time period
specified by the board. The payment receipt and temporary registration certificate must then
be provided in order to obtain the final certificate. Failing to do so within the mandated time
will result in revocation of the temporary certificate. Registration fees vary from MMK 30,000300,000 (approximate USD 14-140), depending on which registration board issues the
certificate.66
If the registration board denies registration, it must inform the organisation within 15 or 30
days (depending on which board), giving reasons for the denial. It must also make a public
announcement about the denial.67 The organisation can resubmit an amended application
within 30 days of receiving the reply. If the board again denies registration, the decision is
final. The temporary certificate becomes void on the date of such a decision, if the
organisation does not re-apply.68
The degree of discretion granted to the registration board to deny or approve registration is
not very clear. Section 8(c) states that registration should not be granted if it would affect
State sovereignty, the rule of law, security or national unity. In the English translation, it is
unclear whether this is a ground for denial or the only ground for denial.69 Boards can also
probably deny registration if they believe the organisation’s activities do qualify as “social
activities” or if application requirements are not met. Additional regulations could
potentially add in requirements. Overall, the NGO Law is sufficiently vague that it will likely
offer NGO boards substantial discretion in practice. On the other hand, the registration
boards may be expected to defer to the recommendation of the government department
assigned to screen applicant NGOs, although this is speculative and not stated clearly in the
NGO Law.
Registration certificates last for five years.70 Ninety days before the certificate expires, the
organisation must apply for an extension. Should the organisation fail to meet the 90-day
renewal deadline, it must pay a fine and then re-apply according to prescribed rules. If the
organisation applies for renewal even later, after the certificate has expired, it must re-apply
again as if applying for the first time.
65
NGO Law, section 44.
NGO Law, section 12(a).
67
NGO Law, sections 11(a) and 49.
68
NGO Law, section 11.
69
The GNLM translation implies the latter while the Lincoln translation implies the former.
70
NGO Law, section 47.
66
The Centre for Law and Democracy is a non-profit human rights organisation working
internationally to provide legal expertise on foundational rights for democracy.
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