People’s Military Service Law – State Peace and Development Council (SPDC) Law No. 27/2010

COUNTRY:

Myanmar

DOCUMENT TYPE:

Legislation

YEAR ADOPTED:

2010

Description

On February 10, 2024, the Myanmar military government enacted the People’s Military Service Law, originally drafted in 2010. The Law permits the conscription of Myanmar citizens, specifically men aged 18 to 35 and women aged 18 to 27, during the state of emergency, for up to five years.[1]

While the Law does not allow the conscription of individuals under 18, Human Rights Watch (HRW) has reported over 1,000 Rohingya Muslim men and boys being abducted and forcibly recruited in Rakhine State since February. The Rohingya have been denied citizenship under the 1982 Citizenship Law, meaning the conscription Law, which applies to Myanmar citizens, should not affect them. However, reports indicate that they have been coerced with false promises of citizenship. In one case, HRW documented the abduction of three boys under 18 for recruitment purposes.[2]

In March 2024, the Secretary-General of the United Nations expressed concerns over the reports of forced recruitment of youths in Rakhine State, including Rohingya, and the potential impact that forced conscription can have on communities and human rights.[3]

[1] State Peace and Development Council (SPDC), People’s Military Service Law (State Peace and Development Council Law No. 27/2010), November 4, 2010, https://www.burmalibrary.org/en/the-peoples-military-service-law-spdc-law-no-272010-english

[2] Human Rights Watch, Myanmar: Military Forcibly Recruiting Rohingya, April 9, 2024, https://www.hrw.org/news/2024/04/10/myanmar-military-forcibly-recruiting-rohingya.

[3]United Nations, Secretary-General Deeply Concerned by Deteriorating Situation, Escalating Conflict in Myanmar, Condemns All Violence, Reiterates Call for Civilian Protection, SG/SM/22167, March 18, 2024, https://press.un.org/en/2024/sgsm22167.doc.htm.