New NGO law imposed by military in Myanmar threatens aid delivery

A new law imposed by the Myanmar military is posing a dilemma for NGOs, aid groups, and civil society organizations: to continue operating, adhering to the junta’s demands; operate illegally and risk staff safety; or cease activities altogether. Over 17.6 million people require humanitarian aid in the country. The Organisation Registration Law was introduced by Myanmar’s so-called State Administration Council in October 2022, repealing the former Association Registration Law 2014. It makes registration of NGOs and associations mandatory rather than voluntary, and requires the declaration of funding sources and locations of operation among other information that aid workers deem risky to provide. But being unregistered comes with financial penalties and potential prison time. While it's not unusual for organizations to share information about their activities, this law threatens the need for organizations to protect those they support and their personal data, said a Myanmar-based aid worker who asked to remain anonymous for security purposes. There must be no consequences for having received humanitarian assistance, they added. The law forbids the provision of aid to areas not controlled by the council and those who oppose the junta, which forcibly seized power of the country in a coup in 2021. It’s since become a regime known for committing crimes against humanity and war crimes, explained John Quinley III, director at Fortify Rights. Brutal killings, arbitrary arrests, and torture, including that of children, are commonplace. The new law also prohibits any contact with those who might oppose the state, those seen as committing acts of terror, and other unlawful organizations. “If [the law] makes the operating environment more difficult and organizations simply can't implement certain activities, it could result in less support reaching the Myanmar people.” --— Thomas Kean, senior consultant on Myanmar for the International Crisis Group “This reads as though it's directly challenging the principles of neutrality because, as neutral actors, the idea is that humanitarian actors should engage operationally and communicate with all of the actors on the ground … to preserve and save the lives of people, regardless of who they are,” said the aid worker. The junta is trying to ensure no money moves from NGOs to resistance fighters, according to a report by the International Crisis Group. A local advocacy worker who also requested anonymity said it’s also about preventing human rights groups from reporting the military’s violations, and believes registering with the junta will only give the regime legitimacy. Quinley believes the law is meant to restrict civic space and stop groups from providing basic assistance to people in need. “This is work that anyone should see as good and important work, but this law shows that the Myanmar junta wants to cut out any assistance given to the resistance,” Quinley said. Of the organizations Devex asked, the majority declined to speak, citing the issue as too sensitive with many unable to verify their plan around registration. The Mandalay CSOs Network, however, announced its members would not be registering, opting to “stand with the public who are fighting against injustice.” “But if you're a large organization, a very visible organization, it's going to be very hard to ignore the law or try to circumvent it and the risks will be very high if you did try to take that approach,” said Thomas Kean, a senior consultant on Myanmar for ICG, adding that some elements have existed in law in the past but never to this extent and with “such heavy penalties.” Smaller organizations, however, might not have the “the administrative machine” needed to navigate the registration process, said the aid worker. Amid the Internet blackouts, limited travel, and shortages of cash reported since the military took power, local civil society and grassroot organizations, according to the United Nations Human Rights Office, have been playing an “increasingly crucial role in the provision of humanitarian assistance.” Failure to comply with the law, which does not mention United Nations agencies, can result in a fine of up to 5 million Myanmar kyat (about $2,400) and a maximum five year prison sentence. Almost 20,000 people have been arrested by the junta since the start of the coup. According to OHCHR, it is using “the national legal framework and the judiciary to crush any opposition and these new provisions add to the legal arsenal at their disposal to exert authoritarian control over Myanmar.” Some organizations, said Kean, may already be conducting activities considered risky and therefore registering won't make any sense. The advocacy worker said their organization, for example, will never be able to register because it is focused on human rights. “They have imposed checkpoints all over and they check everything … if they suspect anything from your phone, from any belongings you can be arrested, you can be tortured, you can be killed,” they said, describing the risks many currently face in continuing this type of work. In what was called a Christmas Eve massacre in 2021, two Save the Children staff members were among the dozens brutally killed by the junta. Quinley described a current atmosphere of “palpable anxiety and fear amongst local groups and INGOs,” especially as there’s little detail as to how the law will be implemented. For example, what is considered indirect contact with those who might oppose the state? the aid worker asked. “Would it mean that if my colleague who is based in Cambodia speaks to somebody who speaks to somebody who then speaks to [Myanmar’s Karen National Union], can I be convicted of indirectly contacting an organization that's struggling against the state? That's quite scary,” they said. “Organizations have to make their own decisions based on their risk appetite.” --— Anonymous aid worker So far, there have been no reports of aid or NGO workers being detained or organizations having their operations suspended. The impact on aid It’s thought that the new restrictions will directly impact the level of support the local population receives. “If it makes the operating environment more difficult and organizations simply can't implement certain activities, it could result in less support reaching the Myanmar people,” Kean said. Over 1 million people could be exposed to life-threatening risk, James Rodehaver, chief of the OHCHR Myanmar team, said in a statement at the time. “These new rules could greatly diminish what operational space is left for civic organizations to deliver essential goods and services to a population that is struggling to survive,” he added. As it stands, the aid being received is well below what the country requires. The 2022 Humanitarian Response Plan was only 41.6% funded, and in December 2022, ACAPS identified it as one the worst countries in the world for humanitarian access. International NGOs, Quinley said, have started doing assessments of what remote modalities or cross-border aid might look like as an alternative. He believes it’s important they, alongside donor governments, be flexible in the humanitarian support they're offering while also working with local CSOs that have the environmental knowledge to understand how to deliver aid without putting partners at risk. “The conversations I've had with Myanmar nationals, they’re cunning and they're smart, they've been dealing with the junta on and off for decades, and they're finding a way around it,” he said. “Some groups may not register under the law and continue to work under the radar. This will allow the groups to operate and not have to cooperate with the illegal military regime.” “They're still resisting the repression that the junta is putting in place so I have a lot of hope that humanitarian groups will still be able to operate and local humanitarian actors are still reaching the populations that are in need,” Quinley added. Kean doesn’t believe the junta’s goal is for INGOs to leave but that it sees international aid as a way of gaining legitimacy and international acknowledgement. “That means that there may be some opportunities for negotiation,” he said. In response to the law, OHCHR called on the military to meet their obligations under international human rights law and international humanitarian law. It has an obligation, said Rodehaver, to “ensure unimpeded access to communities in desperate need of assistance, not target them through bureaucratic harassment or threaten them with prosecution.” In the meantime, the aid worker said it’s “imperative” the aid community stay aligned, as much as possible, in terms of its objectives and appreciate that there might be different ways for each organization to deliver on those objectives of providing support to the most vulnerable. “We should seek to avoid positioning judgments. … Some organizations may decide not to register, and neither of them should be judged for those actions,” they said. “Organizations have to make their own decisions based on their risk appetite.”