Political Risk:
Very High
Score:
18/100
Defence and Security Policy and Policy Transparency
Q1
8/100
Is there formal provision for effective and independent legislative scrutiny of defence policy?
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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As there is no external audit of defence expenditure [1], this indicator is marked ‘Not Applicable’.
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As there is no external audit of defence expenditure [1], this indicator is marked ‘Not Applicable’.
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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
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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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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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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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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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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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
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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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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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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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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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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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
Q21
0/100
Are the policies, administration, and budgets of the intelligence services subject to effective and independent oversight?
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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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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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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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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
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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Myanmar has not signed or ratified the Arms Trade Treaty (ATT) [1].
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This indicator is marked ‘Not Applicable’ as Myanmar is not a signatory country of the ATT [1].
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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
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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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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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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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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