Myanmar: Analysis of the Organisation Registration Law The NGO Law reconstitutes the NGO registration boards created by the 2014 NGO Law but, once again, since the coup military control over them has been increased. Among other things, the NGO law provides for far less diversity on these boards, consolidating GAD’s influence and removing the NGO representatives which served on more local-level boards. And because the Law does not specify a total number of board members, boards can be stacked with military-friendly representatives. According to international law, NGO registration bodies should be independent, neutral, transparent and not subject to excessive government control or discretion and certainly not subject to military influence. They should also include civil society members. The newly constituted NGO boards fail to meet these standards and are vulnerable to military interference and oversight, given the role of GAD. Registration and Renewal Procedures Domestic NGOs, to register, must submit a range of information, including their intended activities, a listing of cash and assets, their activities and a recommendation from the relevant sector ministry. Under the NGO Law: • • • • • NGOs should receive a temporary certificate in 21 days but, unlike under the 2014 NGO Law, there is no longer a clear deadline for the board to make a final decision. NGO boards must scrutinise the application before making a final decision and they are supposed to assign a government department to conduct pre-screening. Registration boards can refuse to register groups which may affect sovereignty, rule of law, security or national unity and also have other grounds for denying registration. Registration fees are increased as compared to the 2014 NGO Law. Registration certificates must be renewed every five years and, unlike under the 2014 NGO Law, there is no presumption that renewal will be granted. Additional requirements apply to international NGOs: • • They must have an executive committee with 40% Myanmar nationals. They must provide additional letters of recommendation from other ministries, their sources of funding, permission from the relevant local administration and a draft MOU. According to international law, registration procedures should not be overly intrusive, complex, expensive, ambiguous or lengthy. Registration renewal should not be required. If registration boards can deny registration, it should only be on limited grounds and subject to the three-part test for restrictions on freedom of association. In contrast, the NGO Law substantially complicates NGO registration and easily enables boards to deny registration. Sanctions and Cancellation of Certificates The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. iii