Myanmar: Analysis of the Organisation Registration Law point the decision is final. More positively, a written reason for a denial is required, but otherwise the denial procedures do not align with international standards. A further problem with the NGO Law is the undefined role given to entities other than the registration board. Requiring organisations to obtain a recommendation from the relevant sector government department in order to apply effectively gives that department an unfettered power to veto registration, with no recourse to appeal or challenge the decision. Furthermore, the ambiguous screening process by an assigned government department has the potential to significantly delay registration and create intrusive surveillance of the activities of NGOs with a temporary certificate. None of this is in line with international standards which require independent, transparent, defined and non-arbitrary procedures. Under international standards, once an NGO has obtained legal personality, it should not be required to regularly renew it.84 Requiring organisations to re-register periodically provides regular opportunities for the government to interfere with or deny registration to NGOs. Under the 2014 NGO Law, there was a presumed right to have a certificate replaced after five years. The NGO Law’s renewal procedure, in contrast, means that organisations will face a risk of losing legal status every five years. The lack of a defined renewal procedure increases the arbitrariness of this requirement. Finally, the additional requirements imposed on international NGOs are not legitimate. The right to associate extends to everyone, not merely citizens, and should be guaranteed without discrimination.85 The NGO Law’s minimum citizenship requirements may therefore violate non-discrimination requirements. 86 In Myanmar, citizenship is legally and politically complex, with some ethnic groups denied full citizenship. These requirements may be particularly harmful to organisations affiliated with these groups, such as the Rohingya. International standards recommend against systems which create separate registration rules for international and national organisations. 87 The numerous additional requirements for international NGO applications, especially the multiple required government recommendations, create significant and time-consuming barriers to registration for international NGOs. 5. Sanctions and Cancellation of Certificates 84 Ibid., para. 109; Committee of Ministers of the Council of Europe, Recommendation CM/Rec(2007)14 on the legal status of non-governmental organisations in Europe, 10 October 2007, para. 41, https://bit.ly/3HTBPyq; and Guidelines on Freedom of Association and Assembly in Africa, note 14, para. 17. 85 ICCPR, Article 2(1); and ICESCR, Article 2(2). 86 For a discussion of this issue, see Centre for Law and Democracy, Myanmar: Human Rights Analysis of Biometric Digital ID Systems, December 2020, https://www.law-democracy.org/live/wp-content/uploads/2020/12/Digital-IDNote.Nov20.final_.pdf. 87 2009 Report of the Special Rapporteur on human rights defenders, note 34, paras. 126. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 18