NGO Law Monitor: Myanmar (Burma)
Introduction | At a Glance | Key Indicators | International Rankings
Legal Snapshot | Legal Analysis | Reports | News and Additional Resources
Last updated 7 October 2013
Introduction
Although the term “civil society” was introduced in Myanmar only in the mid-1990s, community-based and religious organizations have been active in the country for decades. Traditionally, community-based organizations were formed by young people in order to assist in religious and social events. One such organization, the “Doet Bamar Association” emerged during the British colonial period and became well-known by organizing an anti-colonial social movement that cultivated many future national leaders.
During the Burma Socialist Program Party (BSPP) era, which began in 1962, civic space shrank dramatically. Only government-initiated organizations could be established. Literary and cultural associations initiated by the BSPP in ethnic areas continued their activities after the 1988 pro-democracy uprisings, but some of them transformed into ethnic-based organizations, which continue to teach their own languages and implement social activities today.
In the early 1990s, UN agencies and international non-governmental organizations (NGOs) began playing an active role in Myanmar. With their support, local NGOs were established. Many of these local NGOs focused on healthcare and health education services, HIV/AIDS prevention, child protection and micro-finance.
In the late 1990s, due to economic challenges and social problems in the country, many charitable organizations were created, including the Mandalay-based Bramaso’s Funeral Service Association and the Yangon-based Free Funeral Service Society (FFSS). Funeral support community groups mushroomed in response to the need to relocate cemeteries from inside cities and towns to more remote locations.
In 2008, Cyclone Nargis fueled the growth of civil society, as sympathizers from all over the country formed local organizations to conduct relief work. Inevitably, some of these relief organizations were temporary and have shut down, but many others continue carrying out social work for people in need.
Currently, there are approximately 10,000 NGOs active in Myanmar. According to the General Administration Department under Ministry of Home Affairs, over 300 local NGOs have been registered since the beginning of 2012. Roughly 10% of active groups are implementing program activities with the support of international or local donors, while most of the remaining groups are charitable groups that rely on local funding.
The governing legal framework for NGOs, however, is generally restrictive. The Law on Associations, enacted in September 1988 by the State Peace and Development Council (SPDC), was intended to control student associations and political parties. To the dismay of civil society, the Ministry of Home Affairs still uses the Law on Associations to control CSOs.
At a Glance
| Organizational Forms | Associations and NGOs |
| Registration Body | Ministry of Home Affairs |
| Barriers to Entry | Mandatory registration, Uncertain registration procedures, High registration fees, Minimum membership, Extensive registration documentation |
| Barriers to Activities | Harassment by governmental authorities, Over-regulation, Special privileges to GONGOs |
| Barriers to Speech and/or Advocacy | No legal barriers (since 2011) |
| Barriers to International Contact | No legal barriers (since 2011) |
| Barriers to Resources | No legal barriers |
Key Indicators
| Population | 55,167,330 (July 2013 est.) | |
| Capital | Naypidaw | |
| Type of Government | Parliamentary Government (since March 2011) | |
| Life Expectancy at Birth | 65.6 years | |
| Literacy Rate |
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| Religious Groups | Buddhist 89%, Christian 4% (Baptist 3%, Roman Catholic 1%), Muslim 4%, Animist 1%, other 2% | |
| Ethnic Groups | Burman 68%, Shan 9%, Karen 7%, Rakhine 4%, Chinese 3%, Indian 2%, Mon 2%, other 5% | |
| GDP per capita | $1,400 (2012 est.) |
Source: The World Factbook 2009. Washington, DC: Central Intelligence Agency, 2009.
International Rankings
| Ranking Body | Rank | Ranking Scale (best – worst possible) |
| UN Human Development Index | 149 | 1 – 186 |
| World Bank Rule of Law Index | 4.2 | 100 – 0 |
| World Bank Voice & Accountability Index | 2.3 | 100 – 0 |
| Transparency International | 172 | 1 – 176 |
| Freedom House: Freedom in the World | Status: Not free Political Rights: 6 Civil Liberties: 5 |
Free/Partly Free/Not Free 1 – 7 1 – 7 |
| Foreign Policy: Failed States Index |
Rank: 26 Human Rights: 8.3 |
177 – 1 0-10 |
Legal Snapshot
International and Regional Human Rights Agreements
| Key International Agreements | Ratification* | Year |
| International Covenant on Civil and Political Rights (ICCPR) | No | -- |
| Optional Protocol to ICCPR (ICCPR-OP1) | No | -- |
| International Covenant on Economic, Social, and Cultural Rights (ICESCR) | No | -- |
| Freedom of Association and Protection of the Right to Organize Convention | No | -- |
| International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) | No | -- |
| Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) | Yes | July 22, 1997 |
| Optional Protocol to the Convention on the Elimination of Discrimination Against Women | No | -- |
| Convention on the Rights of the Child (CRC) | Yes | July 15, 1991 |
| International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) | No | -- |
| Convention on the Rights of Persons with Disabilities (CRPD) | No | -- |
| Regional Treaties | ||
| ASEAN Charter | Yes | July 21, 2008 |
* Category includes ratification, accession, or succession to the treaty
Constitutional Framework
The current Constitution of Myanmar was published in 2008 following a referendum. Paragraph 354 of the 2008 Constitution states as follows:
Every citizen shall be at liberty in the exercise of the following rights, if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality:
- to express and publish freely their convictions and opinions;
- to assemble peacefully without arms and holding procession;
- to form associations and organizations;
- to develop their language, literature, culture they cherish, religion they profess, and customs without prejudice to the relations between one national race and another or among national races and to other faiths.
National Laws and Regulations Affecting Sector
Relevant national legislation includes the following:
- Associational Law (1988)
- Unlawful Associations Act (India Act XIV, 1908)
- The Code of Civil Procedure (1979)
- The Electronic Transactions Law (2004)
- Burma Official Secrets Act (1923)
- The Law Amending the 1962 Printers and Publishers Registration Law (1989)
- The Law Amending Income Tax Law (2011)
- Section 5 of the Emergency Provision Act (1950)
- The Labour Organization Law (2011)
- Social Security Law (2012)
- Regulations relating to the Right to Peaceful Assembly and Procession(2012)
- Law on Peaceful Assembly and Procession (2011)
- Law Amending the Code of Civil Procedure (2008)
- Guidelines for UN agencies, International Organizations and NGO/INGOs on Cooperation Programme in Myanmar (1st version (2006); 2nd version (2011)).
Pending NGO Legislative / Regulatory Initiatives
On July 27, 2013, the Public Affairs Management Committee of Myanmar released the Draft Law on Associations. The July 27 draft law raises several critical concerns, as detailed in a written analysis prepared by ICNL. If enacted, the draft law would:
- Prohibit the existence of any unregistered association and subject individuals participating in an unregistered association to criminal sanctions, including imprisonment;
- Grant regulatory power over associations to a “Central Committee” chaired by the Minister of Home Affairs and likely to be subject to political control or influence by the Ministry;
- Vest the Central Committee with broad discretion to reject registration applications; indeed, the law contains no provision explicitly articulating the grounds upon which registration can be denied, apparently leaving this entirely to the discretion of the Central Committee.
- Provide for a 90 day registration review period with no ability to appeal a refusal of registration;
- Require re-registration after five years, noting that these sorts of provisions often chill advocacy activities since associations are aware that governmental approval will soon be necessary in order to continue operating;
- Authorize the Central Committee to terminate associations on arbitrary grounds – namely where the Committee determines that the association is“acting in ways or for an objective ... different from those at the time of formation or registration;” and
- Create troubling ambiguities in relation to the permissible activities that both domestic and international organizations can pursue.
On August 15, 2013, representatives from more than 275 civil society organizations (CSOs), community-based organizations and networks participated in meetings with Burmese Members of Parliament (MPs) and the Parliamentary Affairs Committee regarding the draft Law on Associations. CSOs provided a number of recommendations and presented a civil society-developed alternative version of the draft Law on Associations to MPs (entitled the Civil Society Association Registry Law), which was developed following a series of internal CSO consultations.
On August 19, 2013, before the close of Parliament for the September recess, the lower house issued a revised version of the draft law, with a revised title – the Association Registration Law. This draft reportedly reflects a number of key comments made by CSOs during consultations. On August 29, 2013, the revised draft Law on Associations was posted on the Burmese Parliament’s website (in Burmese only). ICNL is currently preparing an analysis of this revised version of the draft law.
Legal Analysis
Organizational Forms
The 1988 Associational Law defines an organization to mean “an association, society, union, party, committee, federation, group of associations, front, club and similar organization that is formed with a group of people for an objective or a programme either with or without a particular name.” (Article 2(a)) Excluded from the scope of this definition are organizations that pursue religious purposes only; organizations that pursue economic purposes only; and organizations registered under any existing law. (Article 4)
For purposes of this Legal Analysis, we will use the term associations and non-governmental organizations (NGOs) to refer to the range of civil society organizations mentioned in the 1988 Associational Law.
Public Benefit Status
Local NGOs are entitled to income tax exemptions; from the time of registration, an NGO can apply for an income tax exemption with the Ministry of Finance and Revenue.
The law does not, however, recognize “public benefit” or “charitable” status.
Barriers to Entry
Associations and NGOs can be registered formally under the Ministry of Home Affairs with the recommendation of a counterpart ministry. International NGOs also need to be registered under the Ministry of Home Affairs after signing a Memorandum of Understanding (MoU) with a counterpart ministry.
Key barriers to registration include mandatory registration; uncertain registration procedures; high registration fees; the high minimum number of executive committee members required; and extensive registration documentation.
Mandatory registration. As reflected in letters from the General Administrative Department of the Ministry of Home Affairs to local CSOs, all active CSOs must be registered with the Ministry of Home Affairs. In an instruction letter issued in 2012 by the General Administration Department, local authorities are required to inform all active organizations in their administrative areas to apply for registration, and the authorities are ordered to make a list of active organizations and submit to the township administrative department. The instruction letter emphasizes that if CSOs fail to register, action will be taken against them according to Law on Associations, 1988.Specifically, the letter instructs the authorities to inform CSOs as follows:
In accordance with Chapter 2, Section 3 Sub section (c) of the 1988 association law, unregistered organizations can no longer be in existence. Any person found guilty of committing an offence under Section 3 Sub section (c) or Section 5 shall be punished with imprisonment for a term which may extend to five years. Any person found guilty of being a member of, or aiding and abetting or using the paraphernalia of organizations that are not permitted to form or not permitted to continue in existence and provided in Section 3 Sub section (c) or that are not permitted to form as provided in Section 5 shall be punished with imprisonment for a term which may extend to three years.According to some sources, the Government does not want to revise the 1988 associational law because they want to retain leverage over unregistered organizations. Proving the point, unregistered organizations in some districts are not allowed to implement any activity. At the same time, however, in other districts, unregistered groups are successfully implementing activities together with local authorities.
Uncertain registration procedures. There are no clear registration procedures outlined anywhere in the law. An organization seeking registration must obtain registration forms from the general administrative department at the township level. The lack of clear, objective procedures creates confusion. For example, some NGO applicants have been asked to remove executive committee members because they were involved in political activities or were on a black list. Some applicants were asked to increase the number of executive committee members. One applicant was informed that its executive committee members were too young.
Registration Fee. Many organizations cannot afford to pay the registration fees of MMK 500,000 (about USD 600), despite interest in becoming registered.
Minimum membership. The minimum number of executive committee members is 5, but in practice a minimum of 11 members are required.
Registration documentation. Documentation requirements are typically extensive and include the following:
- A completed application form;
- The list of Executive Committee members, along with CVs;
- The Articles of Association;
- The meeting minutes of the meeting of establishment; and
- A recommendation letter from the counterpart ministry.
Through the end of 2012, all EC members had to sign a letter guaranteeing that they would abstain from getting involved in politics. In addition, each EC member had to guarantee that all EC members were not involved in politics. They also had to secure a letter showing that they were free from crime from the township police station in which they lived. As of the beginning of 2013, the application need not include the guarantee letter relating to political involvement, but EC members still need to submit their CVs and the letter from township police station. (That said, some organizations are still being asked to include a guarantee letter by the Township General Administrative Department).
When all the forms are complete, the organization must submit the application to the Township General Administrative Department. After the forms are checked, they are forwarded to the District and then to the Regional General Administrative Departments. When the application form reaches the Ministry of Home Affairs at Nay Pyi Taw, instructions are given to conduct background checks of all EC members. Some applicants are requested to provide more data or to make some changes, which delays the review process. Once all EC members have been cleared by the Intelligence Unit, the application is submitted to the Cabinet.
Previously, the entire registration process took 8-10 months (if there were no requests for additional information). As of 2013, the registration process has become speedier, with applicants becoming registered within 3-6 months.
Foreign NGOs have to sign a Memorandum of Understanding (MoU) with their counterpart ministry. After getting the MoU, they must register with the Ministry of Home Affairs. Some INGOs are registered within a week or two. The Ministry of National Planning and Economic Development has issued NGO guidelines governing foreign NGOs.
Barriers to Operational Activity
Prior to the current transition period, NGOs were subject to harassment by governmental authorities.
Registered local NGOs are required to submit narrative and financial reports, and to participate in meetings with the township’s general administrative officer every four months. Some NGOs complain about being compelled to attend every meeting convened by the local authorities. In addition, many local NGOs report that local authorities conduct frequent inspections of NGOs, contributing to a sense of insecurity.
Government-established NGOs or “GONGOs” may receive special privileges and create unfair competition for community-based organizations.
Barriers to Speech / Advocacy
Perhaps the most significant change of the political transition period in Myanmar relates to the freedom of expression. With the Censorship Board abolished in 2012, individuals are now criticizing the government and CSOs are advocating for politically unpopular causes. In addition, CSOs have more opportunity to contribute to law and policy making.
Barriers to International Contact
There is no legal impediment to contact and cooperate with colleagues in civil society, business and government sectors, either within or outside the country. Since late 2011, most websites can be visited from inside Myanmar, although the Electronic Transactions Act (2004) remains in force.
Barriers to Resources
An officially registered domestic NGO can open a bank account in the organization’s name at the Myanmar Foreign Trade Bank (MFTB), with approval from the Ministry of Finance and Revenue, and with a recommendation letter from Ministry of Home Affairs. With a registration number and copy of registration certificate, an NGO may also open an organizational bank account in a private bank.
There is no clear law or regulation affirming the right to conduct income-generating activity. Consequently, some NGOs, including microfinance NGOs, are working unofficially.
Reports
| UN Universal Periodic Review Reports | Myanmar |
| Reports of UN Special Rapporteurs | Report of the Special Rapporteur on the Situation of Human Rights in Myanmar (March 6, 2013) |
| USIG (United States International Grantmaking) Country Notes | None |
| U.S. State Department | U.S. Relations With Burma (2012) |
| Failed States Index Reports | Foreign Policy: Failed States Index(2012) |
| International Commission of Jurists | ICJ Intervention on the Report of the Special Rapporteur on the situation of human rights in Myanmar (2007) |
| Amnesty International | Myanmar (August 2013) |
| International Center for Not-for-Profit Law Online Library | Myanmar |
News and Additional Resources
While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.
General News
Burma clamps down on local protests as multinational developments go ahead (October 2013)
The jailing of 10 activists by Burma’s government was slammed by regional human rights groups, such as The Asian Forum for Human Rights and Development (FORUM-ASIA), which represents 47 member organizations from 16 nations across Asia. The activists were protesting against the Shwe Gas Project in Arakan State. The Chinese-backed Shwe Gas Project is one of Burma’s largest extractive industry sites, transporting natural gas and crude oil to southwest China.
Update on Progress of Response by Myanmar Civil Society Organizations on Draft Association Law (August 2013)
On 27 July 2013, a draft Association Law prepared by Public Affairs Management Committee (PAMC) of the People Assembly was published with a notice for the public to study and comment on it before it is submitted to the parliament for discussion. On 31 July, Civil Society Organizations (CSOs) from Yangon and Mandalay held workshops in their respective areas. Participants exchanged their positions on the draft law and discussed their views and what they wish to do about each section and article.