annulled Law No 6/88 (Article 43), thereby increasing the political space for CSOs and others to form organisations. Risks to Right to Freedom of Association An early draft of the 2014 Law Relating to Registration of Organisations required all groups to be formally registered, with severe penalties for failing to do so. The law was adopted in July 2014 with this provision removed. However it retains another provision of concern to CSOs, which requires groups who do decide to register to do so at township, state or national level. This thereby potentially restricts their area of operation, since organisations that register in one township would only be able to operate in that township. 100 The website of the International Centre for Not-for-Profit Law (ICNL) provides further information on laws relating to Myanmar civil society. 101 Table 19: Provisions of the Law Relating to the Registration of Organisations with Potential to be used to Infringe the Right to Freedom of Association  Prohibited organisations include those “that attempt, instigate, incite, abet or commit acts that may in any way disrupt law and order, peace and tranquility, or safe and secure communications” and “Organisations that attempt, instigate, incite, abet or commit acts that may [affect] or disrupt the regularity of state machinery” (s5)  “Any person found guilty of committing an offence…shall be punished with imprisonment for a term which may extend to five years.” (s6) Risks of Company Involvement in Human Rights Violations Read broadly, ICT companies found to be providing services to such prohibited organisations might be accused of ‘abetting’ them. In particular:  Anyone found “aiding and abetting…organisations that are not permitted to form or not permitted to continue in existence…shall be punished with imprisonment for a term which may extend to three years.” (s7) An ICT company, to avoid liability or revocation of their license, might therefore take steps to contribute to a restriction of an organisation’s right to freedom of association (or expression). Unlawful Associations Act (1908) Background, Scope and Objectives A number of laws restricting freedom of expression and association in Myanmar are still in force, in spite of the legal reform process which began during 2011. Among them is the colonial era 1908 Unlawful Associations Act. 100 101 DVB, “Activists relay worries of draft association law to parliament” (5 June 2014). ICNL, “NGO Law Monitor: Myanmar (Burma)” (last accessed August 2015). CHAPTER 2: ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK 81 2

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