Myanmar Conscription Law: Impacts and Risks
Myanmar Conscription Law: Impacts and Risks
PANDEMONIUM
The Conscription Law and Five Negative Potential Consequences
* More details about the law are discussed in the later section of this OnPoint.
This ISP OnPoint No. 20 (English version) is published on February 20, 2024 as a translation of the original Burmese
version published on February 16, 2024.
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ISP-Myanmar’s research reveals that military leaders have sought to strengthen the MAF to approximately one percent of the
country’s population since the reign of Snr. Gen. Than Shwe. With a population of over 50 million, the objective is to collect over
500,000 troops. However, the military only had over 200,000 forces even at their peak, and the number dwindled before the 2021
coup, reaching around 160,000 soldiers. Following the coup, the military’s strength could decrease to less than 100,000.
Note: The data presented is derived from ISP-Myanmar’s research. Actual data may vary due to the limitations in data access and
potential variations in methodologies employed in the research.
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Conflict, Peace and Security
ISP Data Matters
800
Targeted number for a battalion
720-750
600
Number of Forces
0
1988 1998 2008 2018 2023
Note: The data presented is derived from ISP-Myanmar’s research and Dr. Maung Aung Myoe’s (2009) book, “Building the Tatmadaw: Myanmar Armed Forces Since 1948.”
Actual data may vary due to the limitations of data access and possible variations in methodologies employed in the research.
= 1,000
Note: The data presented is derived from ISP-Myanmar’s research. Actual data may vary due to the limitations in data access and
potential variations in methodologies employed in the research.
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Despite using various recruitment the military to oversee training and assign
methods, ISP-Myanmar’s research found duties to the conscripted individuals are
that the Myanmar military had only over also parts of the preparation process.
200,000 forces at its peak. This number Interdepartmental cooperation is also
dwindled even before the 2021 coup, needed, as well as additional defense
reaching around 160,000 soldiers. budget must be allocated for the new
recruits. Therefore, the SAC spokes-
The force's number further declined person mentioned that the training of the
after the coup due to casualties, health first cohort will be conducted after the
problems, desertions, and joining the Civil Myanmar New Year Water Festival
Disobedience Movement (CDM), resulting (Thingyan Festival) in April. The next steps
in fewer than 100,000 troops. For the army after completing the list will be
to replenish this depletion and regain its summoning through conscription notice
previous military strength, approximately letters and conducting medical checks,
100,000 new soldiers are needed. which could take around two months.
An additional 400,000 soldiers are Therefore, the first cohort might
required to meet their original goal. commence training as early as June and
The enforcement of mandatory military as late as August. If the training duration
service is notable against the backdrop of can be considered four to five months,
the military's lack of public support and the training for the first cohort will
failures in recruitment. The SAC said they conclude either in November,
aim to enlist 5,000 new recruits monthly, December 2024 or in January 2025.
starting in April 2024, and thus 60,000
yearly. Examining this, it appears that the
objective is to restore the military’s n Scenario Forecast
strength to pre-coup levels within
the first year of recruitment. For Myanmar's Armed Forces (MAF),
which is facing humiliating defeats
Although the conscription law has been in recent conflicts, solely relying on
activated, its implementation process will recruiting new personnel without
take time. While the central recruitment contemplating reforms in the leadership
body was formed within days of and strategy of the security sectors will
enactment, lower-level committees are not work. The entire national security and
yet to be formed, and detailed by-laws defense policy and the whole vision of the
and procedures are yet to be declared and military will need to be restructured.
enforced. Preparation time is needed to A comprehensive political framework that
identify the list of eligible individuals who instills belief in democracy and a federal
fit the enlisting criteria for military service. vision for all citizens has yet to be
Additionally, establishing institutions at established. Without these policies and
the central, region/state, township, and framework in place, the forced
ward/village levels to compile the recruits, conscription of citizens could potentially
and establishing a new directorate within strain the relationship between the whole
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Non-targeted group of
over 37 million people
Source: ISP-Myanmar calculations based on the data from the 2019 inter-censal survey and figures published by the SAC.
Myanmar society and the MAF to a point corruption at all levels within the regime,
where it is completely irreconcilable. affecting the entire society. Incidents of
bribery between individuals seeking to
The first potential consequence of evade military service and civil-military
implementing the conscription law during authorities may become widespread.
the peak of the civil war is widespread There is no sustainable way to curb such
human rights violations. Such violations corruption in Myanmar. In other countries,
are likely to occur throughout the cases of corruption often arise during the
recruitment, training, and deployment process of determining individuals unfit
phases. Individuals may face oppression for military service or in attempting
and discrimination based on factors like replacements.
place of residence, age, ethnicity, faith
and religion, economic status, and gender A third potential consequence is the mass
orientation. Currently, there are reports of migration of working forces to neighboring
the military abducting people and forcibly countries, leading to brain drain.
recruiting in certain areas. While the SAC Individuals with the financial means and
has dismissed some of these reports as access to opportunities are seen
false information, the conscription law massively leaving the country within days
could legitimize such incidents. of the law taking effect. The Royal Thai
Embassy in Yangon has announced that it
A second potential consequence is that can only process 400 visa applicants per
this law will open avenues for bribery and day as massive applications rush in
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Conflict, Peace and Security
ISP Data Matters
The Conscription Act of 1959 The People's Military Service Law The Reserve Forces Law
Enacted on Mar 11, 1959; Enacted on Nov 4, 2010; Enacted on Nov 4, 2010;
Amended twice in 1962.
enforced on Jul 8, 1962. enforced on Feb 10, 2024. enforced on Feb 13, 2024.
Experts
(medical doctor, engineer, technician, Age 18–45 Age 18–35
and other skilled professionals)
Military service personnels are bound by the provisions of The Defence Service Act.1959. If they face disciplinary measures under this Act,
they are required to fulfill their service obligations at the end of receiving punishment.
Exempted individuals announced by Deferred individuals must serve the full period of service
the Central Recruitment Body after deferral even if they are overage
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thnic armed organizations (EAOs) operated in northern Shan State annually recruit
civilians from the region, based on the policies of “One person per household is obli-
gated to shoulder the ethnic duty” and “One should serve the civic duty”. The recruit-
ment systems vary among different groups: some groups recruit solely based on ethnicity,
while others are not limited by ethnicity nor religion. The Ta’ang National Liberation Army
(TNLA) exclusively recruits Ta’ang ethnic people, whereas the Myanmar National Demo-
cratic Alliance Army (MNDAA) recruits individuals without regard to ethnicity or religion.
The recruitment method employed by the EAOs involves compiling a population data of the
towns and villages within their active, dominant, and controlled territories, and recruiting
young people aged 15 to 16 years and older. Young men within a certain age range are sum-
moned either through draft notice letters or by deploying troops from the recruitment de-
partment to bring them from their homes. Additionally, a system is in place whereby if an
individual evades recruitment, their father or another family member is apprehended and
only released when the evader enters service. Certain exemptions from military service
exist for individuals who are the sole caregivers for their parents, religious workers, those
actively engaged in education and healthcare for their community, or those with family
members already serving in the respective EAOs.
Additionally, individuals pursuing higher education are often granted temporary exemp-
tion from military service. In normal situations, this model is followed. However, in urgent
situations where there is a need to quickly fill the army with new recruits, the recruitment
process may involve directly ordering villages to provide a certain number of recruits by
certain deadlines, or by randomly arresting young people found on the streets and forc-
ing them for conscriptions. Typically, new recruits undergo three months of basic military
training and are required to commit to serving for a minimum of two years. Following the
completion of basic military training, they are not only assigned to combat duties but
also other various departments within the organization. Some recruits may be stationed
in their own communities to serve as part of the people’s militias. Upon the conclusion of
their service periods, they are not allowed to dissociate from the organization. Attempt-
ing to escape from the military service is treated as “unauthorized absence,” which may
result in potential arrest and punishment. Those who flee with weapons and ammunition
may face the death penalty. n
Note: EAOs do not usually disclose their recruitment policies. Only during Operation 1027,
has TNLA disclosed their recruitment policy and rules, which have been employed
since July 2017. ISP-Myanmar delineates the recruitment patterns experienced by
civilians in northern Shan State over the past decade.
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n Conscription law
86 Countries with
conscription law
Total
195 Countries
109 Countries without
conscription law
13
Free
Partly free
86 countries with
conscription law Not free
50
17 N/A
A system is in place whereby the father or adequate military strength, urging locals
another family member of an individual to enlist in their army.
evading recruitment is apprehended.
Those who desert the military can face In any scenario, recruitments and
re-arrest and punishment while fleeing deployments of the newly recruited for
with weapons and ammuni-tion could lead combat by various armed groups,
to the possibility of the death penalty. including the MAF, may affect not only the
The Shan State Progress Party (SSPP) relations among individuals of different
conveyed a message through social media ethnicities and geographies but also of
in Shan language (an ethnic language) the same populace. For instance, the SAC
that safeguarding a territory requires recently regained control of Kawlin town
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from the joint seizure of the Kachin surrender and desertion and the
Independence Army (KIA) and the diminishing public support for the regime
People’s Defense Forces (PDF), where the means disincentives for young men to lay
National Unity Government (NUG) their lives on the line to support its
established administration. In this event, continued rule. While the SAC asserts that
SAC reports narrated that the young and evading the military service law and joining
middle-aged villagers formed defense other armed groups is punishable under
groups and collaborated with nearby existing laws, youth in conflict zones
military commands to resist the KIA and often just brush off these threats.
PDF forces’ oppression and revolt against
them. The SAC created these narratives Last year marked the 75th anniversary of
portraying local people resisting the independence, similarly, civil war also
insurgencies and siding with the MAF. turned 75 years. However, this year has
According to the provisions of the again witnessed an escalation in conflict.
People’s Military Service Law, recruits, The implementation of the People’s
upon completing their training, may Military Service Law at this juncture could
choose to serve in the locations and potentially catalyze an expansion and
regions of their preference for the impacts of conflict within society.
specified duration. The ensuing conflicts The fact that ethnic armed forces will be
would involve warfare among each other simultaneously compelled to recruit and
resulting in adverse consequences for the bolster their military capabilities is also
society, particularly for the impoverished. significant. Without focusing on a
In this case, racial and social justice fault comprehensive peace process while
lines in society would likely widen. the military forces are expanding at an
accelerated rate and subsequent
On the other hand, there is a potential for expansion of conflict, Myanmar’s armed
some youths, particularly those from conflict level is unlikely to be reduced in
conflict areas, to opt for joining Ethnic the foreseeable future. Being forced to
Armed Organizations (EAOs) or the serve in the military for a set duration –
People’s Defense Forces (PDF) groups. typically at least two years – during one’s
For instance, the youths of Rakhine, Chin youth comes with an opportunity cost at
and Karen ethnicities would rather join an individual level as well as at the society
EAOs that represent their ethnicities. level. When a nation collectively chooses
Youths from the dry zone and areas where the path of securitization and militariza-
the majority is Bamar ethnic would tion, it inevitably incurs an opportunity
similarly rather join the nearby PDFs or cost in the development and productivity
Local Defense Forces (LDFs) where their of the nation, impeding the country’s
close friends and acquaintances might be positive trajectory for generations to
located. In the past, enlisting in the MAF come. n
once provided a stable life and salary
without warfare. But since the coup,
with a high rate of casualties,
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Discourse and Debate Regarding the Mandatory Military Service
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Appendix (1)
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Myanmar’s Conscription Law – Five Things to Know
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Appendix (2)
Historical Background
Myanmar’s conscription law was enacted on November 4, 2010, by the former military lead-
er, Snr. Gen. Than Shwe. The current State Administration Council (SAC) announced the
enforcement of this law on February 10, 2024, thirteen years after its enactment. The con-
scription law, mandating that citizens serve in the armed forces, was enacted in 1959 by
President Mahn Win Maung. It came into effect on July 8, 1962, and has undergone two
subsequent amendments. Sections 3851 and 3862 of the 2008 Constitution of Myanmar
also address military service of the civilians.
Here are five things to know about the newly enacted conscription law in Myanmar.
2. Exemption Criteria
Individuals eligible for exemption include religious workers, married women or divorcee with
child(ren), those with (lifelong) physical disabilities, and individuals marked as unsuitable
for military service by the MAF Medical Unit. Exemptions may also be granted to individuals
by the announcements of the Central Recruitment Body.
Religious workers are specifically identified only within the realms of Buddhism, Christiani-
ty, and Hinduism. In Buddhism, these include monks, novice monks, and nuns holding Reli-
gious Affiliation Certificates3. In Christianity, these include consecrated individuals recog-
nized by relevant churches, while in Hinduism, they include sannyasa and Hindu priests.
Deferred individuals include individuals flagged by the MAF Medical Unit for not meeting
health conditions for a temporary period, students4, sole caregivers of elderly parents and
individuals rehabilitating from drugs. However, these individuals must serve the full period
of service after deferral even if they are overage.
1
Every citizen has the duty to safeguard the independence, sovereignty, and territorial integrity of the Republic of the Union of Myanmar.
2
Every citizen has the duty to undergo military training in accord with the provisions of the law and to serve in the Armed Forces to defend the
Union.
3
To obtain a Religious Affiliation Certificate, the ward/village Sangha Nayaka Committee must submit the request to the township level Sangha
Nayaka Committee. The request is then reviewed and a certificate is issued based on the recommendation of relevant township Sangha Nayaka
leader, together with the Department of Immigration and the Department of Population.
4
Students from universities, colleges, and schools of science recognized by the government.
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3. Service Terms
The standard service period is set at two years. However, for those designated as MAF
Technicians5 or Experts, this period is extended to three years. In the event of a state of
emergency declaration, the service period is further extended to five years6.
The SAC is preparing to summon the initial batch of 5,000 recruits by the end of April, fol-
lowing the Thingyan festival. Their intention is to enlist recruits every month, aiming for a
yearly recruitment of 60,000 troops. Initially, the first four training cohorts will consist ex-
clusively of males, with females joining from the fifth cohort onward.
The SAC has assured that recruits will receive equivalent benefits in terms of salary, ex-
penses, and rations as existing members during their training and their service which fol-
lows. A noteworthy fact is that conscripted individuals can fulfill their duties for the speci-
fied period of time in locations of their choice. n
5
Individuals designated as technicians by the MAF.
6
A state of emergency has been declared and extended until July 2024.
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