Myanmar: Analysis of the Organisation Registration Law infractions. As a response to a failure to register, it is disproportionately severe and does not align with the proportionality requirement of the three-part test for any restrictions on freedom of association under human rights law. 3. Regulatory Entities Responsible for Implementation 3.1. The Ministry of Home Affairs and the General Administration Department Myanmar’s post-coup reality is a military government led by the junta’s State Administrative Council. Civilian structures, including relevant ministries, have been subjected to military control when the military appointed its allies to ministerial positions the day of the coup.37 In this context NGO regulation is invariably subject to military control. However, the NGO Law creates a specific regulatory structure which would likely enable greater military oversight of NGOs in the longer-term, even should an ostensibly civilian government be restored. This is evidenced by the structure of the NGO registration boards, discussed in the next section, as well as the bodies which are responsible for implementing the NGO Law. Responsibility for implementing the NGO Law is divided between the Ministry of Home Affairs (MOHA) and the General Administration Department (GAD). The former is empowered to issue regulations, with the approval of the Union Government, while the latter can issue notifications, orders, directives and procedures. GAD also has a significant role in the registration boards, has inspection powers over NGOs and receives NGO quarterly activity reports, as describe later in this Analysis. Under the 2008 Constitution, the Ministry of Home Affairs is one of three military-led ministries. Its minister and deputy minister are selected from military personnel nominated by the Commander-in-Chief of Defence Services, who may remain active military members during their tenure.38 The current minister, a former head of military intelligence with close ties to Min Aung Hlaing, was re-appointed as head of MOHA on the day of the coup and, since March 2021, has concurrently served as a member of the State Administrative Council.39 GAD is an influential central administrative structure in Myanmar, with representation extending down to a very local level. It provides a range of basic public service functions, 37 Office of Commander-in-Chief of Defence Services, Order No. 6/2021, 1 February 2021, https://bit.ly/3HLJChl. Myanmar Constitution, 2008, Articles 232(b) and (j) and 234(b) and (f), https://bit.ly/3JVBs9b. 39 Htet Myet Min Tun, Moe Thuzar and Michael Montesano, “An Attempt to Lead Myanmar Back to the Future? Data on the State Administration Council Regime’s Union Ministers”, 2021, ISEAS-Yusof Ishak Institute, https://bit.ly/3jDG7Sn; and Htet Naing Zaw, “Who is Myanmar’s New Home Affairs Minister?”, 10 February 2020, The Irrawaddy, https://bit.ly/3jLa56L. 38 The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 8