In line with the campaigning group Justice for Myanmar (JFM) the Telenor Group is violating European Union (EU) and Norwegian sanctions on Myanmar by putting in and a Lawful Interception Gateway (LIG), which it’s now continuing to switch to a military-linked firm.
A authorized memo from barristers Physician Felicity Gerry QC and Daye Gang finds that the Norwegian authorities and Telenor might be held accountable underneath worldwide legislation for human rights abuses ensuing from the sale to the military-linked firm.
Telenor bought the LIG from the Germany firm, Utimaco, and is the authorized proprietor of the system, based on paperwork leaked to Justice For Myanmar.
Huawei, by means of its Singapore subsidiary, brokered the acquisition of the Utimaco LIG and imported it into Myanmar. Utimaco has supplied technical help by way of Huawei, maintaining the connection with Telenor Myanmar oblique.
Leaked paperwork present that the LIG was delivered to Myanmar in February 2018 and put in and built-in into Telenor’s system by Might 2018. The LIG was then linked to a state monitoring centre in mid-2020, with distant help from Utimaco.
As soon as activated, the LIG will allow the terrorist navy junta to concurrently monitor the content material of communication on the Telenor community by means of the Ministry of Dwelling Affairs. This may violate the appropriate to privateness on a big scale and certain lead to additional arrests, torture and killings by the navy junta.
In September, Telenor said that they haven’t but activated the LIG as a result of doing so would breach EU and Norwegian sanctions, and that they due to this fact need to exit Myanmar to stop a sanctions breach.
Nevertheless, Justice For Myanmar contends that Telenor has already breached EU and Norwegian sanctions by putting in and sustaining the LIG.
Telenor will additional violate EU sanctions by transferring the Utimaco LIG to a consortium led by the military-linked firm, Shwe Byain Phyu. The minority shareholder will probably be M1 Group, a Lebanese firm with an extended historical past of complicity with authoritarian regimes.
In April 2018, following the Myanmar navy’s genocide in opposition to the Rohingya, the EU strengthened sanctions to incorporate surveillance expertise.
Beneath Article 3.1 of EU restrictive measures, “The sale, provide, switch or export of kit, expertise or software program supposed primarily to be used within the monitoring or interception by the Authorities of Myanmar/Burma, or on its behalf, of the web and of phone communications on cell or fastened
networks in Myanmar/Burma, together with the supply of any telecommunication or web monitoring or interception companies of any type, in addition to the supply of monetary and technical help to put in, function or replace such tools, expertise or software program, by nationals of Member States or from the territories of Member States shall be prohibited.”
Norway has aligned with EU sanctions on Myanmar.
A Telenor spokesperson didn’t reply to questions from Justice For Myanmar relating to the switch of the Utimaco LIG and whether or not the corporate has Norwegian authorities approval underneath sanctions laws.
In an e mail to Justice For Myanmar, a Telenor spokesperson said, “A key cause why Telenor is promoting Telenor Myanmar is that we can’t activate intercept tools, which all operators are required to. This case is excessive and troublesome, with important challenges. Telenor should guarantee its exit occurs in a fashion that doesn’t improve the safety threat for our staff, and that is still our key precedence now. Telenor is awaiting regulatory approval for the sale to M1 Group, and past this we should not have any additional feedback.”
Utimaco can be prone to have violated EU sanctions by having supplied oblique technical help for Telenor Myanmar’s LIG after sanctions have been strengthened in April 2018, and would additional violate sanctions in the event that they approve Telenor’s switch of the LIG.
Utimaco denies having supplied any help after April 27, 2018. In an e mail to Justice For Myanmar, the corporate said, “Utimaco has by no means performed direct enterprise with one of many cell community operators in Myanmar. With the introduction of EU export regulation (Council Regulation (EU) 2018/647) which was printed on 27 April 2018, Utimaco knowledgeable its worldwide enterprise companions that Utimaco ends all actions relating to accomplice tasks in Myanmar. In compliance with EU export legislation, Utimaco has additionally not delivered any services or products nor supplied any help by way of oblique companions in Myanmar since then.”
Utimaco didn’t reply to questions relating to Telenor’s imminent switch of an Utimaco LIG to Shwe Byain Phyu and M1 Group.
The Utimaco LIG changed an earlier LIG from the US firm, SS8. The SS8 LIG may be transferred as a part of the Telenor Myanmar sale. SS8 didn’t reply to questions from Justice For Myanmar.
Justice For Myanmar spokesperson Yadanar Maung says: “Telenor Group is displaying a blatant disregard for the lives of Myanmar individuals and violating EU sanctions.
“It’s Telenor Group that imported and put in harmful surveillance expertise into Myanmar. Telenor Group and its majority house owners, the Norwegian authorities, should now take duty for it.
“By transferring surveillance expertise to the military-linked firm, Shwe Byain Phyu, Telenor will embolden the terrorist Myanmar navy junta, offering capabilities to chase down, torture and kill activists, human rights defenders, humanitarian staff and journalists.
“Shwe Byain Phyu needs to be sanctioned as a major enterprise accomplice of the Myanmar navy, not put accountable for a cell operator, harmful surveillance expertise and the historic name knowledge of 18 million individuals.
“We name on the Norwegian and German governments to take fast motion to halt the sale and examine Telenor Group and Utimaco for violating EU sanctions on Myanmar.”