Myanmar: Analysis of the Organisation Registration Law 36 37 38 39 Using the name of the organisation for the benefit of a political party or a religion or for any benefit beyond the social activities or activities benefitting its members Taking, transferring, using or providing money or other assistance in an illegal manner, or concealing or obstructing justice related to such activities Directly or indirectly contacting or supporting unlawful associations or their members, or individuals and organisations engaged in armed struggle against the State or declared by the State to commit terrorist acts NGO officer who committed offence: 3 years’ imprisonment and/or a fine95 NGO officer who committed offence: 3 years’ imprisonment and/or a fine NGO officer who committed offence: fine of up to MMK 5 million (USD 2,400) and/or 5 years’ imprisonment Organisation: registration cancelled and money and assets confiscated Directly or indirectly harming the sovereignty, law NGO officer who committed and order, security or national unity of the State offence: fine of up to MMK 5 million (USD 2,400) and/or 5 years’ imprisonment Organisation: registration cancelled and money and assets confiscated NGO officers are defined in the NGO Law to include the chair; secretary or executive member of a domestic NGO; head, office manager or executive member of an international organisation, or any other member assigned authority to take action for the organisation.96 5.3. Assessment against International Standards NGOs should not face dissolution or loss of legal status based on minor administrative infractions. Suspending or dissolving an organisation is a severe restriction on freedom of association which should be imposed only in compliance with international human rights law and where there is a “clear and imminent danger resulting in a flagrant violation of national law”.97 Such a sanction should be imposed only by an impartial and independent 95 The GNLM translation omits the number of years’ imprisonment for this and the next offence. Also, for this offence and the subsequent ones, the GNLM translation merely says “official” of the NGO rather than specifying the official who committed the offence. This summary draws upon the Lincoln translation as it appears that this is an omission in the GNLM translation. 96 NGO Law, section 2(h). 97 2012 Report of the Special Rapporteur on assembly and association, note 17, para. 75. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 21