Myanmar: Analysis of the Organisation Registration Law 5.1. Administrative Sanctions Registration boards are empowered to issue administration orders when an NGO fails to comply with certain provisions of the NGO Law. These may consist of a warning, a temporary restriction on the activities of the association, a temporary suspension of the registration certification or the cancellation of the registration certificate.88 If NGOs interfere in the internal affairs of the State or politics, the registration board is supposed to cancel the registration certificate. 89 For international NGOs, the Union Registration Board is also empowered to “immediately nullify” the organisation for “directly or indirectly” participating in a conspiracy to harm State sovereignty, law and order, security or national unity.90 Registration is also supposed to be nullified if an organisation is found to be guilty of a criminal offence.91 Otherwise, the NGO board can impose a range of administrative penalties if an NGO fails to comply with the duties enumerated in section 28 of the NGO Law. These duties require NGOs to avoid: • • • • • • • • • • Providing false information when applying for a certificate Using titles, emblems or designs which resemble government organisations, other legally established organisations, or which suggest that the organisation represents the whole State, ethnic group, all ethnic groups or an industry Modifying the registration certificate or transferring it to another organisation Obtaining a certificate without having the capacity to implement the stated objectives and activities Going beyond the objectives and activities approved by the registration board or the recommending relevant sector government entity Using the organisation’s name to “interfere in” the functions of government departments or mislead people to imply it has the authority to interfere in such functions Failing to submit the required annual financial reports and quarterly activity reports Refusing to allow inspection and inquiries (as described further below) Failing to obtain approval for changing or expanding its objectives and activities, or making other specified operational changes, such as an address change Providing emergency assistance in a natural disaster area or working in a travel restricted area without obtaining prior approval for this 88 NGO Law, section 29. NGO Law, sections 28(q) and 29(b). 90 NGO Law, section 25. 91 NGO Law, section 54. The available translations of the NGO Law says that upon conviction it is “assumed” or “deemed” that the registration board nullifies the certificate. It is not clear if this means the certificate is automatically cancelled or if the registration board is supposed to take action to nullify it. 89 The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 19