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Note on the Draft National Records and Archives Law, Myanmar, August 2019
- By Raphael CLD
- 28 August 2019
Note on the Draft National Records and Archives Law, Myanmar, August 2019
A draft National Records and Archives Law, prepared by the government of Myanmar, was made public in July 2019. This Note, prepared by CLD with the support of International Media Support, FOJO Media Institute and Pyi Gyi Khin, finds that while the Law’s overall goal of better records management is a positive one, the draft has several key weaknesses which could seriously undermine access to information.
Some of the key weaknesses of the draft Law in terms of access to information include the following:
- The proposed system of classification appears to set rigid periods of secrecy which are in any case far too long, fails to define the different levels of classification, and seems to assume that all information will be subject to at least some period of secrecy.
- Access to information, whether or not its classification remains in force, is subject to the discretion of officials, rather than being recognised as a right.
- Unreasonable restrictions are imposed on the use of information obtained from the Archives.
- The draft Law include a public interest override for accessing information, which is welcomed, but clearer rules on the application of the override are needed.
CLD encourages those responsible for developing the draft Law to revise it to ensure that it respects international standards regarding the right to information.
The CLD Analysis and the draft Law are available at: Note on the Draft Myanmar National Records and Archives Law and Draft National Records and Archives Law
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