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Myanmar: Analysis of the Organisation Registration Law 3.2. NGO Registration Boards The NGO Law establishes registration boards at the Union, Region/State, Union Territory (Naypyitaw), Self-Administered Division/Zone, District and Township levels. This structure is identical to the boards created by the 2014 NGO Law. However, the new Law alters the composition of these registration boards, removing NGO representatives from more local boards and introducing ambiguity which would easily allow for “stacking” boards with promilitary allies. The following chart summarises, for each registration board, the entity responsible for appointing the board and its members. At all levels, the Law only names the Chairman and Secretary, while an unspecified number of other board members are simply listed as being representatives from relevant government organisations. Board Union (National) Appointed By Union Government Chair Minister, MOHA Secretary Director General, GAD Regional or State Government Regional or State Government Minister Director, Regional or State GAD Union Territory (Naypyitaw) Union Territory Governing Body Member of Union Territory Governing Body Director General, Union Territory GAD SelfAdministered Division or Zone Self-Administered Division/Zone Governing Body Deputy Director Secretary, division/zone GAD District District Administrator, District GAD Executive Committee Member, division/zone governing body District Administrator, District GAD Township Township Administrator, Township GAD Township Administrator, Township GAD Deputy Township Administrator, Township GAD Regional State or Assistant Director, District GAD Other Members Representatives from relevant government departments Representatives from relevant government departments Representatives from relevant government departments48 Representatives from relevant government departments Representatives from relevant government departments Representatives from relevant government departments 48 For the Naypyitaw Board and the self-administered division/zone boards, the GNLM translation simply says “concerned organisations”. We suspect this is a translation error as the Lincoln Translation refers to representatives from “relevant government departments or organisations” for all of the registration boards. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. 10

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Myanmar: NGO Law Imposes Severe Restrictions on Civil Society

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English

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Information Operation
Military Coup

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Centre for Law and Democracy (CLD)

Date Published: Aug 21, 2023

Abstract: The Centre for Law and Democracy (CLD) released today its Analysis of the Organisation Registration Law, or NGO Law, which was adopted in late 2022 by Myanmar’s military junta, which has claimed lawmaking authority since the February 2021 coup. The NGO Law imposes substantial restrictions on both domestic and international NGOs. It makes ordinary NGO operations administratively complex and dependent on the whims of the military, undermining NGOs’ ability to respond to the widespread humanitarian needs in Myanmar.

“The NGO Law is only the latest in a long series of attacks on independent civil society in post-coup Myanmar,” said Toby Mendel, Executive Director, CLD. “This Law provides a legal basis for existing practices of harassment and sends a message that NGOs are expected to align their activities and views with those of the military.”

The Analysis assesses the NGO Law based on international human rights standards governing freedom of association and expression. It highlights numerous areas where the NGO Law fails to respect those standards, including:

Mandatory registration requirements for all NGOs, with criminal penalties for operating an unregistered NGO. NGO registration boards which are not independent and are vulnerable to military interference. Burdensome registration requirements, including government letters of recommendation. Broad authority for NGO registration boards to sanction NGOs on ambiguous grounds, including to cancel their certificate to operate. New crimes which could cover ordinary NGO activities and peaceful advocacy. Mandatory quarterly activity reports and other intrusive oversight requirements. Prohibitions on any activity which relates even indirectly to political, religious or economic matters.

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Myanmar: NGO Law Imposes Severe Restrictions on Civil Society

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