Myanmar: Analysis of the Organisation Registration Law Executive Summary Myanmar’s State Administration Council, which has claimed law-making authority since the military seized power in the 2021 coup, issued an Organisation Registration Law (NGO Law) in October 2022. This Law poses a serious threat to basic civil society operations, with potentially deadly consequences given the acute humanitarian needs in Myanmar. It eliminates the more progressive features of the 2014 NGO Law and instead institutes new rules that will constrain the work of NGOs and enable military surveillance. This Analysis assesses the 2022 NGO Law based on international human rights standards. Human rights law protects the right to freedom of association, including the right to form groups with others for various purposes. It also protects freedom of expression, including in association with others. States can only restrict these rights in accordance with a three-part test which requires restrictions to be clearly provided for in a law, to protect a legitimate interest and to be a necessary to protect that interest. Mandatory NGO Registration The NGO Law makes it a crime to establish or operate an organisation without registration without defining clearly which groups must register, while also providing that governmentcreated organisations are not required to register. Groups which “directly or indirectly” operate in the political, economic or religious spheres are prohibited from registering. According to international law, mandatory NGO registration is never appropriate. The right to associate includes the right to associate informally with others. Mandating registration also makes it much easier to harass NGOs. Implementing Authorities The main implementing authorities are the Ministry of Home Affairs (MOHA), the General Administration Department (GAD) and NGO registration boards. Under Myanmar’s Constitution, MOHA is a military-led ministry the head of which was replaced on the day of the coup. Since the coup, steps have been taken to reinforce military control over GAD. While GAD has historically been associated with intelligence-gathering, it now has a more powerful role in the registration boards, new inspection powers and receives quarterly reports from NGOs. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. ii