Myanmar: Analysis of the Organisation Registration Law uniquely applicable to NGO officers. 102 The risk of such individual penalties could substantially deter persons from joining or working for NGOs. Beyond the procedural problems with the sanctions imposed under the NGO Law, the grounds they are based upon do not comply with the three-part test for restrictions on freedom of association or freedom of expression. For example, many of the duties imposed on NGOs are worded in ambiguous terms which are insufficiently precise to meet the “prescribed by law” requirement. The criminal prohibitions do not have sufficiently specific intent requirements or do not precisely delineate the prohibited acts. Without discussing the problems with all of the prohibitions, the following are particularly notable: • • • • Even indirectly contacting or supporting unlawful associations and armed groups is criminalised. This provision risks criminalising the work of humanitarian organisations which provide aid in regions where armed groups are operating, especially because there is no requirement that the organisation intends to support a violent or terrorist cause. It could also create problems for NGOs which engage in research or promote peace-making, or any NGO which is in contact with opposition groups or entities declared to be unlawful by the military. The crime of direct or indirect harm to State sovereignty, security, law and order and national unity is too imprecise. While States can restrict freedom of association and expression on grounds of national security, in order to meet the “necessity” requirement of the three-part test, there must be a sufficiently direct causal connection between the activity and a defined national security harm. National unity is also not a legitimate aim for restricting these rights. The criminal prohibition on using the name of the organisation for political, religious and economic activities (which are not deemed to be “social activities”), as well as many of the administrative sanctions relating to interference in government affairs or engaging in politics, are illegitimate restrictions on the right to participate in public affairs and the ability to speak freely about and associate in relation to matters of public importance. Administrative sanctions can also be imposed for causing harm. This concept is too vague to ensure that it is not applied in a manner which violates the three-part test. 6. Reporting Requirements, Oversight and Inspection Powers 6.1. 102 Requirements under the NGO Law See note 95. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 23