Myanmar: Analysis of the Organisation Registration Law The registration boards can impose administrative sanctions on NGOs including a warning, a temporary restriction on activities, a temporary suspension or the cancellation of the certificate of registration. These sanctions can be imposed for failing to comply with a long list of duties including: • • • • • • • Providing false information when applying for a certificate. Pursuing unapproved activities or changing certain operations without approval. Using the NGO’s name to interfere in government functions. Failing to submit required reports. Refusing to allow government inspections and inquiries. Not having the capacity to implement their stated objectives and activities. Failing to comply with the NGO Law, its regulations or other laws. Registration boards may also cancel certificates if NGOs interfere in politics or internal State affairs or commit a crime, or if international NGOs conspire to harm sovereignty or security. The NGO Law also creates several new crimes: • • • • Establishing and operating an unregistered NGO (fine or three years’ imprisonment). Operating with a cancelled or expired certificate (fine or two years’ imprisonment). Membership in, “encouraging” or carrying out activities for an unregistered NGO (fine or two years’ imprisonment). Other crimes result in penalties for individual NGO workers, including: o Illegal money management or using the NGO’s name to benefit a political party or religion or for any benefit beyond “social activities” (which cannot be political, economic or religious) (three years’ imprisonment and/or a fine). o Contacting or supporting associations declared to be unlawful or engaged in armed struggle or terrorist acts, or directly or indirectly harming sovereignty, law and order, security or national unity (five years’ and/or a fine). The NGO itself will also have its registration cancelled and assets confiscated. According to international law, only very serious infractions, following an order by a judge or at least with prompt judicial review, should result in suspension or dissolution of an NGO. NGOs should also be given a warning and an opportunity to correct their behaviour before a sanction is imposed. The NGO Law lacks procedural safeguards and its expansive list of infractions does not comply with the three-part test for restrictions on freedom of association. Imposing criminal sanctions for failing to comply with NGO rules, and in particular imprisonment for operating without registration, is disproportionate. Some crimes are worded so broadly that they could problematically encompass acts like providing humanitarian aid in regions where armed groups are working or issuing commentary deemed to be overly political. These criminal sanctions for ordinary NGO work could constrain civil society activities and does not comply with international human rights law. The Centre for Law and Democracy is a non-profit human rights organisation working internationally to provide legal expertise on foundational rights for democracy. iv