The drafting of a new registration law specifically for non-governmental
organizations was approved by Burma’s Lower House of Parliament on Thursday
while existing legislation will also be reviewed.
Lower House Speaker Shwe Mann
responded favorably to a proposal “urging the government to draft an NGO
registration law commensurate with the age as the president called for
cooperation with civil societies in the democratic transition.” The matter was
first brought up last week by Thein Nyunt, an MP for the New National Democracy
Party.
Shwe Mann instructed the Lower
House Legal Affairs and Special Cases Assessment Commission, Bill Committee,
interested MPs and the respective ministry, “to revise the orders and
regulations and to draft new legislation as necessary.” He said they should
“submit the report as soon as possible assuming it as a special case” as the
procedures for NGO registration should be handled smoothly.
Deputy Minister for Home Affairs
Brig-Gen Kyaw Zan Myint objected to drafting a new NGO law during the debate.
“There is no need to draft new legislation as the current registration law is
still sophisticated and their regulations have nothing to amend.” Instead he
recommended putting the matter on record.
Shwe Mann said current
regulations and bylaws are insufficient and so necessary amendments needed to
be made. He told MPs that the current rules, regulations and orders of the
registration law “lack practicality and flexibility” as they “went beyond the
purpose of the original law.”
As well as the new legislation
specifically for NGOs Shwe Mann said that the existing 1988 Registration Law
should also be reviewed.
“The speaker’s decision to make
amendments by the parliamentary committee and parliamentarians will be
effective as it would be quicker than the government drafting legislation,”
Thein Nyunt added.
Thirteen lawmakers—from the main
opposition National League for Democracy, National Unity Party, Rakhine
Nationalities Development Party, Phalon-Sawaw Democratic Party and National
Democratic Front—discussed the need to have flexible procedures for NGO
registration on Wednesday and Thursday.
NGOs inside Burma have to
register under the restrictive 1988 Registration Law which was enacted in
September 1988, shortly after the nationwide Aug. 8 popular uprising in Burma
and in time for the 1990 general election. Any associations which are not
registered under this law can be charged with the Unlawful Association Act
which carries a penalty of up to five years in prison.
Thein Nyunt said the law was
enacted to restrict any organization from political activities at that time,
but now the country is reforming and so the political landscape is different.
He added that fresh legislation is needed as there are no specific guidelines
for NGOs that would help socioeconomic development in Burma to operate
officially.
Shwe Mann also pointed out the
inclusion of “unpractical requirements” in the rules such as the high cost of
registration. NGOs must pay 100,000 kyat (US $110) and submit report every two
years under the regulations, but in reality sources say that groups must pay up
to 500,000 kyat ($550) to be registered.
There are currently around 270
NGOs registered at the Ministry of Home Affairs while more than 1,000 are
actually working inside Burma, according to Kyaw Zan Myint.
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