"Norway and Telenor could be held responsible under international law for human rights abuses resulting from Myanmar deal: legal experts", 4 Mar 2022

In a legal memo released [on 4 March 2022], two renowned international law experts [Australian barristers Doctor Felicity Gerry QC and Daye Gang ] recommend that Telenor Group and M1 Group suspend the proposed sale of Telenor’s subsidiary in Myanmar, while they conduct suitable due diligence and allow for adequate scrutiny of the deal.

The legal memo notes that under international law, states have a responsibility to prevent human rights violations, including by companies registered in their territory.

According to the memo, the Norwegian and potentially Lebanese governments have increased responsibility as they have the option to scrutinise the Telenor Myanmar sale, because Telenor is majority-owned by the Norwegian government and M1 Group is owned by the family of the Lebanese Prime Minister.

The legal memo … has been shared with Norway’s Minister of Trade and Industry and the Telenor Group and M1 boards.

It comes as the Norwegian telecom multinational proceeds to transfer their Myanmar business, along with the historical call data of over 18 million customers, to a joint venture of M1 Group and the Myanmar military-linked company, Shwe Byain Phyu Company Limited.

According to media reports, Shwe Byain Phyu will own 80% of Telenor Myanmar when the sale is completed.

The memo highlights Shwe Byain Phyu’s multiple links to sanctioned entities and finds that Telenor and M1 Group could be held liable for breaching sanctions or being complicit in the sanctions-busting financing of international crimes.

The lawyers drafted the memo on the instruction of the Australian Centre for International Justice (ACIJ), on behalf of the Centre for Research on Multinational Corporations (SOMO).