Myanmar: Analysis of the Organisation Registration Law imprisonment or a fine of MMK 1 million (approximately USD 470).27 Similarly, operating an association after a certificate’s expiration or cancellation, or joining an unregistered organisation, may result in a fine of MMK 500,000 (approximately USD 235). Failure to pay the fine results in two years’ imprisonment.28 It is not clear what kinds of informal groups would qualify as an “organisation” which is required to register. The definition of “organisation” in the NGO Law is circular, defining this as an organisation which is registered under the NGO Law.29 In practice, without a nonself-referential definition for an “organisation”, the ambiguity could enable abusive criminal prosecutions against people who were involved in virtually any kind of informal group. The NGO Law expressly excludes some organisations from registration. These are mostly organisations regulated under other laws, like political parties, but also includes organisations created by national or regional/state government entities, including government-organised NGOs (or “GONGOs”). Registration also does not apply to organisations which directly or indirectly focus on political, economic or religious matters. 30 If read expansively, this would preclude the registration of advocacy organisations, development organisations which were involved in economic empowerment initiatives and religiously-affiliated groups and aid organisations. Unless such groups can register under another legal regime, they might be left in a legal limbo, unable to obtain formal legal status. Arguably this provision also exempts them from mandatory registration and the accompanying sanctions for non-registration, but the ambiguity over the scope of this category of groups may deter them from operating informally. Mandatory registration applies equally to international and domestic organisations. It is not very clear what constitutes “operating” in Myanmar, creating ambiguity for international organisations with a limited direct presence in the country, such as those acting primarily as funders or in a more limited coordination or advisory role. As a default, it seems likely that any organisation with a physical presence in Myanmar would be expected to register, but legally this is not very clear. CLD by a Burmese speaker. This suggests the GNLM version is incorrect and this Analysis proceeds on that assumption. 27 NGO Law, section 40. 28 NGO Law, sections 34, 35 and 41. 29 An “organisation” is defined to include a local or an international organisation. Both of these are then defined to include only organisations which are registered under the NGO Law. Sections 2(b)-(d). 30 NGO Law, section 26(a). A qualifier in this provision refers to organisations operating in these sectors “in accordance with the law in force”. This could be read to refer to those that are registered under other existing laws, such as commercial entities or political parties. Given that registered organisations must pursue “social activities”, defined to exclude activities directly or indirectly related to political, economic or religious matters, effectively these organisations likely cannot register. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 6