Myanmar Spring Chronicle – January 2 Perspective
MoeMaKa, January 3, 2025
Key Takeaways from the Cybersecurity Law and Ngu Hsaung Talks
Cybersecurity Law Signed into Effect on New Year’s Day
On January 1, the military council enacted the Cybersecurity Law. Its primary goal is to criminalize the use of VPNs and similar software. The groundwork for this law began shortly after the February 2021 coup, when draft legislation was circulated among Myanmar’s IT and computer-related associations for consultation. At the time, media and civil society heavily criticized the law as an attempt to tighten internet censorship and control.
During the early days of the coup, internet blackouts and intermittent connections were imposed, underscoring the military’s intent to use the law for greater control. Despite postponing its enactment due to widespread objections, the military continued scrutinizing personal devices, conducting arrests, and extorting citizens. These actions have made the law’s official adoption less of a significant change but rather a formalization of existing practices. Reports indicate that even before its enactment, individuals using VPNs faced investigations and fines across the country.
The draft law, initially developed during the administration of Thein Sein’s Union Solidarity and Development Party (USDP), faced resistance from civil society groups, digital rights organizations, and advocates of free speech. Their lobbying efforts prevented it from advancing in parliament. Under the NLD-led government, discussions on the draft law never reached the approval stage. However, post-coup, the military revised and pushed the legislation to reinforce its control.
In an era marked by armed conflict, extrajudicial killings, arbitrary arrests, and extortion, the promulgation of new laws holds little weight for a populace reliant on survival over legality. The law has been seen as a tool to justify oppressive actions under the guise of legality rather than an instrument of justice.
Highlights from the Ngu Hsaung Talks
A significant development was the disclosure of results from the Ngu Hsaung discussions, a political dialogue held last October in Jakarta, Indonesia. This dialogue involved non-armed political groups seeking solutions to Myanmar’s crisis. The agreement reached during these talks produced seven key resolutions, including:
- Establishing a federal democratic union.
- Facilitating inclusive political dialogue.
- Releasing all political prisoners, including Daw Aung San Suu Kyi.
- Halting ongoing armed conflicts.
- Engaging in negotiations for national reconciliation.
- Requesting international assistance where needed.
- Forming a transitional governance mechanism.
While these resolutions were not disclosed publicly at the time, they came to light three months later through comments made by an 88 Generation leader, Ko Myo Aye, to the media.
Although dubbed the “Seven-Point Agreement” in the press, it is effectively the product of deliberations among political stakeholders. It holds no binding authority over the military junta or armed groups, highlighting the absence of direct engagement with the military or armed resistance factions.
The Ngu Hsaung discussions are part of broader efforts, including high-level ASEAN and EU talks in Jakarta, to address Myanmar’s turmoil. These dialogues emphasize the need for political solutions rather than continued armed conflict.
Challenges in Building Consensus
Despite efforts to promote political dialogue, stark divisions persist. Many armed resistance groups, including Ethnic Armed Organizations (EAOs) and the post-coup People’s Defense Forces (PDFs), reject negotiations with the military, instead demanding its complete dismantling as a political and armed entity.
The military currently controls less than 50% of Myanmar’s territory, with significant areas under the influence of resistance groups. Many observers believe further territorial losses for the military are likely in the near future.
However, questions remain about the unity and coordination among armed resistance groups. The role of the National Unity Government (NUG) in leading the resistance and fostering collaboration among various factions is crucial. Disparities in objectives and territorial control pose challenges to building a unified front.
For these groups, survival depends on recruiting personnel, securing funding, and controlling resource-rich territories. Balancing these necessities with broader goals of overthrowing the junta and establishing a federal democratic union will require careful negotiation to avoid internal conflicts.
In conclusion, the developments reflect the continued complexity of Myanmar’s political and armed struggle, with efforts for dialogue and consensus facing significant obstacles amid ongoing conflict and repression.