Political Risk:

Very High

Score:

18/100

Defence and Security Policy and Policy Transparency

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Q1 8/100

Is there formal provision for effective and independent legislative scrutiny of defence policy?

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Formal rights Score: 0 / 100
The 2008 Constitution drafted by the military junta does not confer powers on Parliament with regard to defence laws or policy. Section 20(b) of…
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Effectiveness Score: 25 / 100
The Constitution grants the Tatmadaw absolute authority over defence and security matters [1]; therefore, Parliament cannot reject or amend defence policy. The Tatmadaw will…
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Independent legislature scrutiny Score: 0 / 100
According to the Constitution, the military has the right to independently administer and adjudicate all affairs of the armed forces (see Chapter 1, Article…
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Q2 0/100

Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisations) to exercise oversight?

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Formal rights Score: 0 / 100
Parliament can create a defence and security committee, if required, to deal with security matters. Articles 115(b) and 147(b) of the Constitution state that…
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Expertise Score: NA / 100
This indicator is marked ‘Not Applicable’, as there is no defence or security committee in the Pyithu Hluttaw (Lower House), Amyotha Hluttaw (Upper House)…
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Responsive policymaking Score: NA / 100
This indicator is marked ‘Not Applicable’, as there is no defence or security committee in the Pyithu Hluttaw (Lower House), Amyotha Hluttaw (Upper House)…
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Short-term oversight Score: NA / 100
This indicator is marked ‘Not Applicable’, as there is no defence or security committee in the Pyithu Hluttaw (Lower House), Amyotha Hluttaw (Upper House)…
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Long-term oversight Score: NA / 100
This indicator is marked ‘Not Applicable’, as there is no defence or security committee in the Pyithu Hluttaw (Lower House), Amyotha Hluttaw (Upper House)…
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Institutional outcomes Score: NA / 100
This indicator is marked ‘Not Applicable’, as there is no defence or security committee in the Pyithu Hluttaw (Lower House), Amyotha Hluttaw (Upper House)…
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Q3 31/100

Is the country’s national defence policy or national security strategy debated and publicly available?

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Scope of involvement Score: 50 / 100
When Parliament is in session, MPs can ask questions to the executive branch and relevant ministries. There were 29 questions asked by MPs about…
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Scope of debate Score: 50 / 100
There were 29 questions asked by MPs about the Ministry of Defence but most of the questions relate to the military’s land acquisition [1].…
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Public consultations Score: 0 / 100
There is no formal public consultation process for defence policy. There are discussions in Parliament about land acquisition, mine planting, strong military build-up in…
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Transparency Score: 25 / 100
The Tatmadaw published a defence white paper in 2015. It is the first time that the Tatmadaw released this type of strategy document to…
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Q4 8/100

Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption?

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Policy of openness Score: 0 / 100
There is little evidence to suggest that defence and security institutions have a policy of openness towards civil society organisations (CSOs) when dealing with…
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CSO protections Score: 25 / 100
CSOs are allowed to operate within the country. The Registration of Organisation Law was enacted in July 2014 [1] and, according to this law,…
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Practice of openness Score: 0 / 100
CSOs and NGOs must register at the Ministry of Home Affairs and the activities of the CSOs and NGOs require the approval of the…
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Q5 63/100

Has the country signed up to the following international anti-corruption instruments: UNCAC and the OECD Convention?

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Signatory and Ratification status Score: 100 / 100
Myanmar is not a significant defence exporter and it has signed up to and ratified the United Nations Convention against Corruption (UNCAC). Myanmar signed…
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Compliance Score: 25 / 100
Myanmar implements its obligations under the UNCAC through a variety of laws, including the 2008 Constitution, the Anti-Corruption Law of 2013 and the Anti-Money-Laundering…
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Q6 38/100

Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?

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Public debate Score: 50 / 100
The military has not debated military issues before. However, it has often held press conferences and discussed contemporary issues such as clashes in the…
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Government engagement in public discourse Score: 25 / 100
Some government officials, such as Dr. Aung Moe Nyo (Chief Minister of Magway Region), Daw Htu May (Member of Parliament) U Htet Aung (Deputy…
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Q7 0/100

Does the country have an openly stated and effectively implemented anti-corruption policy for the defence sector?

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Anti-corruption policy Score: 0 / 100
Myanmar has the Anti-Corruption Law of 2013 [1] and the Anti-Corruption Commission according to the law. The Commission takes legal action against corrupt officials.…
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Effective implementation Score: NA / 100
This indicator is marked ‘Not Applicable’, since there is no anti-corruption policy that also applies to the defence sector. U Aung Kyi, the Chairman…
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Q8 8/100

Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?

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Mandate and resources Score: 25 / 100
The military has its own audit body under the Ministry of Defence called the Account Department (KaKaNgwe) [1]. According to the Constitution, the military…
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Independence Score: 0 / 100
According to the Constitution, the Minister of Defence is nominated by the C-in-C of the Defence Services (see Chapter 5, Article 232{b}(2)) [1]. The…
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Effectiveness Score: 0 / 100
The Corruption Prevention Unit of the Myanmar Anti-Corruption Commission has conducted training for 14 ministries but 2 ministries were not included in this training:…
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Q9 NS/100

Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?

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Score: NS / 100
This indicator is not assigned a score in the GDI. Brigadier General Zaw Min Tun, spokesperson for the military, said that the military does…
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Q10 0/100

Are there regular assessments of the areas of greatest corruption risk for ministry and armed forces personnel, and are the findings used as inputs to the anti-corruption policy?

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Risk assessments Score: 0 / 100
No defence-specific assessment of corruption risk has been commissioned or taken place in the last 2-3 years. Brigadier General Zaw Min Tun, spokesperson for…
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Regularity Score: NA / 100
This indicator is scored ‘Not Applicable’, given that risk assessments are not conducted. From 2015 to the present, there has been one case in…
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Inputs to anti-corruption policy Score: NA / 100
This indicator is marked ‘Not Applicable’, given that risk assessments are not conducted. Brigadier General Zaw Min Tun, spokesperson for the military, said that…
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Defence Budgets

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Q11 8/100

Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?

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Acquisition planning process Score: 25 / 100
According to an interview with a retired senior officer, defence procurement is carried out by the Directorate of Defence Service Procurement [1]. Defence procurement…
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Transparency Score: 0 / 100
Naing Swe Oo, a military observer from Thayninga Institute, said that one country’s exact military strength and productivity cannot be publicly available [1]. Major-General…
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External oversight Score: 0 / 100
U Aung Kyi, the Chairman of the Anti-Corruption Commission, said that the Commission cannot take any action against the Ministries of Home Affairs, Border…
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Q12 63/100

Is the defence budget transparent, showing key items of expenditure? And it is provided to the legislature in a timely fashion?

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Comprehensiveness Score: 25 / 100
Major-General Myint New, Deputy Minister of Defence, explained the defence expenditure for the 2019-2020 fiscal year but did not offer any details regarding specific…
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Timeliness Score: 100 / 100
According to the Constitution, the Union Government shall draft the Union Budget Law based on the annual Union budget, after coordinating with the Financial…
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Q13 38/100

Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way?

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Formal rights Score: 50 / 100
Parliament has the formal power to approve, refuse or curtail the proposed budget submitted by the Union Government, excluding the salary and allowances of…
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Influence on decision-making Score: 25 / 100
The 1.7-billion-kyat defence budget proposed for the 2018-2019 fiscal year was cut by Parliament [1]. For the first time, the Union Parliament cut 10.6…
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Q14 8/100

Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?

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Proactive publication Score: 25 / 100
The Pyidaungsu Hluttaw (Parliament) always approves and publishes the Union Budget Law every fiscal year on the Pyidaungsu Hluttaw website [1]. Defence spending is…
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Comprehensiveness Score: 0 / 100
Major-General Myint New, Deputy Minister of Defence, explained the defence expenditure for the 2019-2020 fiscal year but did not offer any details on spending…
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Response to information requests Score: 0 / 100
Naing Swe Oo, a military observer from Thayninga Institute, said that one country’s exact military strength and productivity cannot be publicly available [1]. MPs…
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Q15 17/100

Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?

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Transparency Score: 0 / 100
According to the report submitted by the Independent International Fact-Finding Mission on Myanmar, Myanmar Economic Holding Limited (MEHL) and the Myanmar Economic Corporation (MEC)…
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Institutional scrutiny Score: 0 / 100
Before 2016, Myanmar Economic Holding Limited (MEHL) and the Myanmar Economic Corporation (MEC) did not pay taxes to the government and had special benefits,…
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Public scrutiny Score: 50 / 100
The media, think tanks and international organisations often scrutinise and criticise businesses owned by the military. The Independent International Fact-Finding Mission on Myanmar published…
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Q16 6/100

Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?

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Activity Score: 25 / 100
The military has its own audit body under the Ministry of Defence called the Account Department (KaKaNgwe). The position of Head of Department is…
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Enabling oversight Score: 0 / 100
The Union Auditor General Office has no authority to investigate or scrutinise defence spending and there is nothing about the defence sector in the…
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External scrutiny Score: 0 / 100
After completing its audit, the Account Department has to submit it to the C-in-C of the Defence Services. After that, the responsible person at…
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Institutional outcomes Score: 0 / 100
The responsible person at the Ministry of Defence explains defence expenditure regularly every fiscal year, although the explanation lacks adequate and specific information. The…
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Q17 0/100

Is there effective and transparent external auditing of military defence expenditure?

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Activity Score: 0 / 100
There is no external audit of the military budget because the Ministry of Defence is not under the Union Auditor General [1]. The Union…
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Independence Score: NA / 100
As there is no external audit of defence expenditure [1], this indicator is marked ‘Not Applicable’.
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Transparency Score: NA / 100
As there is no external audit of defence expenditure [1], this indicator is marked ‘Not Applicable’.
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Institutional outcomes Score: NA / 100
As there is no external audit of defence expenditure [1], this indicator is marked ‘Not Applicable’.
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Nexus of Defence and National Assets

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Q18 20/100

Is there evidence that the country’s defence institutions have controlling or financial interests in businesses associated with the country’s natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?

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Legal framework Score: 50 / 100
Defence institutions are, by statutory means, prohibited from having interests in businesses associated with natural resource exploitation. Under Article 168 of the Myanmar Penal…
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Defence institutions: Financial or controlling interests in practice Score: 25 / 100
The Tatmadaw’s economic interest in jade and ruby mining in Shan and Kachin States is related to its military strategy and objectives. By controlling…
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Individual defence personnel: Financial or controlling interests in practice Score: 0 / 100
According to MP U Soe Htay, both military personnel and retired personnel can buy a share in MEHL [1]. MEHL’s patron group includes seven…
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Transparency Score: 25 / 100
MEHL and MEC rarely release information about their ownership, management or finances [1]. MP U Khin Aye, Chairman of the Pyithu Hluttaw Economic and…
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Scrutiny Score: 0 / 100
Public scrutiny is not possible because MEHL and MEC do not release information about their financial status [1]. Myanmar became a member of the…
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Organised Crime

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Q19 25/100

Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?

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Penetration of organised crime Score: 0 / 100
In Myanmar, transnational organised crime groups partner with local militias and ethnic armed groups for drug manufacturing and trafficking [1]. According to the CRD…
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Government response Score: 50 / 100
Corruption is a major facilitator of the spread of organised crime. Crime syndicates bribe public agencies, especially at border areas to access routes [1].…
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Q20 17/100

Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?

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Existence of policing function Score: 25 / 100
According to Vice President U Myint Swe, a Transnational Crime Department was added to the Myanmar Police Force in 2005 [1]. The Bureau of…
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Independence Score: 0 / 100
Theoretically, the Myanmar Police Force is under the Ministry of Home Affairs and the Minister of Home Affairs is a senior officer from the…
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Effectiveness Score: 25 / 100
Police in Yangon seized methamphetamine tablets with an estimated value of more than $100m (£64m) in an abandoned truck in 2015 [1]. Myanmar police…
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Control of Intelligence Services

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Q21 0/100

Are the policies, administration, and budgets of the intelligence services subject to effective and independent oversight?

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Independence Score: 0 / 100
Intelligence services, such as the Office of Military Security Affairs, the Bureau of Special Investigation and the Special Branch are under the Ministries of…
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Effectiveness Score: NA / 100
This indicator is marked ‘Not Applicable’ as there is no oversight mechanism for intelligence services.
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Q22 58/100

Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?

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Objective selection criteria Score: 25 / 100
With regard to the appointment of General Ye Win Oo as the Chief of Military Security Affairs, Brigadier General Zaw Min Tun said that…
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Selection bias Score: 100 / 100
According to the Constitution, the military can administer and adjudicate its own affairs independently (see Chapter 1, Article 20(b)) [1]. The influence of the…
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Vetting process Score: 50 / 100
The C-in-C of the Defence Services appoints the senior officer of the intelligence services. Before candidates are appointed, their background is investigated internally and…
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Export Controls

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Q23 0/100

Does the government have a well-scrutinised process for arms export decisions that aligns with Articles 7.1.iv, 11.5, and 15.6 of the Arms Trade Treaty (ATT)?

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Signatory and Ratification Score: 0 / 100
Myanmar has not signed or ratified the Arms Trade Treaty (ATT) [1].
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Compliance Score: NA / 100
This indicator is marked ‘Not Applicable’ as Myanmar is not a signatory country of the ATT [1].
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Parliamentary scrutiny Score: NA / 100
This indicator is marked ‘Not Applicable’ as Myanmar has never participated in an official arms export [1]. According to Brigadier General Zaw Min Htun,…
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Lobbying in Defence

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Q76 0/100

Does the country regulate lobbying of defence institutions?

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Legal framework Score: 0 / 100
Myanmar lacks any legal framework for regulating lobbying activity [1]. Myanmar’s military usually conducts military contracts through unregistered brokers or lobbyists. Although there is…
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Disclosure: Public officials Score: NA / 100
This indicator is marked ‘Not Applicable’ as there is no legislation regulating lobbying in the field of defence/security in Myanmar.
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Lobbyist registration system Score: NA / 100
This indicator is marked ‘Not Applicable’ as there is no legislation regulating lobbying in the field of defence/security in Myanmar.
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Oversight & enforcement Score: NA / 100
This indicator is marked ‘Not Applicable’ as there is no legislation regulating lobbying in the field of defence/security in Myanmar.
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