Myanmar: Analysis of the Organisation Registration Law From a human rights perspective, it worsens an already hostile environment for the exercise of fundamental rights, including freedom of association, expression and political participation. This Analysis discusses the main features of the NGO Law, including how it alters the legal landscape for NGOs operating in Myanmar. It assesses the NGO Law against international human rights law standards, demonstrating that it does not align with standards governing freedom of association and other fundamental human rights. We also note that the SAC’s power to promulgate laws is legally doubtful.5 This Analysis treats the 2022 NGO Law as governing law, because in the current reality it will be enforced as the law. However, this is not meant to imply that the SAC is legitimate as a law-making body. 1. Background 1.1. History of Other Laws Governing Civil Society in Myanmar Following the 1988 military coup, the newly-created State Law and Order Restoration Council adopted Law 6/88, the Law relating to Forming of Organisations. The 1988 Law required any organisation, defined very broadly, to apply for permission to form. It also imposed criminal penalties for those who operated, joined or aided an illegal organisation or one that disrupted law and order or peace and tranquillity. 6 Subsequent years witnessed severe restrictions pursuant to this law. For example, many local groups which sought to respond to humanitarian needs after Cyclone Nargis were denied registration and prominent Generation 88 student activists were imprisoned on charges of operating an illegal organisation after the 2007 Saffron revolution.7 Myanmar enacted a new Law Relating to Registration of Associations in 2014.8 After civil society groups condemned an initial draft, a series of discussions between legislators and civil society resulted in a relatively progressive law being adopted.9 Under the 2014 NGO Law, registration was voluntary and no criminal (or other) penalties were imposed. Elements 5 For a discussion of this see CLD, Myanmar, Analysis: Amendments to the Penal Code by the State Administration Council, May 2021, p. 2, https://bit.ly/3DQ8PWN. 6 Sections 3, 5-7, https://bit.ly/3REZ0Rn. 7 OMCT, Urgent Interventions: Sentencing of Members of the 88 Generation Students Group, 19 November 2008, https://bit.ly/3I6NVoY; Asian Human Rights Commission, Burma: Thirteen People Wrongly Convited Over Alleged Illegal Organization, 14 January 2009, https://bit.ly/3x6thiA; and Human Rights Watch, “I Want to Help My Own People”: State Control and Civil Society in Burma after Cyclone Nargis, 28 April 2010, https://bit.ly/3IgS5uN. 8 Law No. 31/2014, 18 July 2014, https://bit.ly/3REN425. 9 Paul Vrieze, “Civil Society and MP Draft ‘Progressive’ Association Registration Law”, 21 October 2013, The Irrawaddy, https://bit.ly/40CQWVm; and International Crisis Group, “Myanmar: Storm Clouds on the Horizon”, Asia Report N. 238, 12 November 2012, p. 15, https://bit.ly/3llfXUT. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 2