Telenor should be investigated

The public media entity Norwegian Broadcasting Corporation (NRK) has painted a grim picture of Telenor’s last year in Myanmar before its exit in March 2022. Telenor—a Norwegian state-owned corporation that invested in telecoms infrastructure and provided mobile phone and internet service to millions in Myanmar before the February 2021 coup—may have aided arrests, torture, and executions, giving rise to criticism and calls for an investigation by Norwegian authorities into its role in Myanmar. Could the company have done more to protect the democracy advocates the military junta targeted after the coup? They had trusted Telenor. Is it true that Telenor never activated the surveillance equipment that is now the subject of a complaint submitted to the Norwegian police by the International Commission of Jurists Norway (ICJ Norway) and the activist research organisation Justice For Myanmar (JFM)? The complaint alleges that Telenor violated sanctions against the Myanmar military by (1) importing, setting up, and maintaining the equipment; (2) transferring it as part of the sale of its business so that the military junta could use it; and (3) handing over sensitive traffic data. According to a letter obtained by NRK, Telenor tested the surveillance equipment. NRK also references an implementation plan suggesting the equipment was connected to the regime’s surveillance centre, although Telenor denies this. NRK’s revelations strengthen the complaint, although it remains possible that Telenor lied to the military junta. In any case, these circumstances should lead the police to investigate whether Telenor violated sanctions. Whether the telecoms company is guilty of circumventing sanctions is significant in itself, but it is also crucial in the broader context of Norway’s avowed cooperation with the EU to impose sanctions on individuals, companies, and products that play a role in breaching international law. To ensure that the sanctions are effective, the police must investigate their alleged violations. Norway’s Police Security Service stated that it plans to investigate another sanctions case, reported by the Norwegian Helsinki Committee, concerning Norwegian-manufactured automotive parts used by Russia in its illegal war against Ukraine. The sanctions against Russia are helping to save lives, as are the sanctions imposed on Myanmar’s military regime. The aim is to prevent human rights abuses, support the movement against dictatorship, and restrict the military resources available to the regime. Telenor’s alleged sharing of traffic data raises concerns not only about breaches of international sanctions but also about potential complicity in international crimes. The salience of NRK’s revelations does not lie in how harshly the junta treats democracy advocates, which was already apparent. Nor is it new that Telenor provided the regime with the information they sought. They have been transparent about that. What is new is that the documentation is very specific. NRK has documented that Telenor shared information about named individuals, knowing the consequences could be extremely serious. According to NRK, Telenor provided data related to 536 numbers despite the “great risk that customers could be arrested if the company shared personal data with the junta.” The Norwegian Helsinki Committee examined Telenor’s situation in Myanmar in a 2022 report on the dilemmas faced by Norwegian companies operating under authoritarian regimes and dictatorships. Starting in 2014, Telenor invested heavily and successfully in building a mobile network, becoming one of the largest telecoms companies operating in Myanmar. Their stated aim was to help democratise the country and provide mobile services to everyone, goals the Norwegian and other Western authorities applauded. But did Telenor consider all the risks involved in going “all in”? The military had carried out coups in 1962 and 1988 and had held onto power in 1990 despite Aung San Suu Kyi’s victory in that year’s election. The probability that they would carry out another coup after the democratic thaw from 2010 was substantial. Furthermore, the military retained much of its power during the thaw and carried out widespread abuses against the Rohingya people in 2016–2017, which are now being scrutinised by the International Court of Justice and investigated by the International Criminal Court. Telenor should have recognised that all surveillance equipment, activities, and customer data was potentially at risk. After the coup, dilemmas emerged. Telenor aimed to safeguard employees and customers as much as possible, but prioritised employees and gave in to orders to share data with the junta. Criticism of the company grew by the day as it became apparent that they would sell the business to a Lebanese firm with a questionable reputation. Ultimately, the sale was tantamount to transferring the customer base and information to the junta. This is unlikely to be the last time a Norwegian-owned company faces dilemmas and is challenged over alleged contributions to breaches of international law. The companies must also comply with an increasingly comprehensive sanctions regime. Therefore, neither NRK’s revelations, nor the complaint from JFM and ICJ Norway, nor Telenor’s explanations should be regarded as the final word. The allegations of complicity in international crimes and sanctions violations, as well as indignation towards Telenor among advocates for democracy in Myanmar, point to the same conclusion: Telenor’s and Norway’s reputations as supporters of democracy and human rights are on the line. The complaint regarding sanctions violations should therefore prompt an investigation, while a commission appointed by Norway’s parliament should examine all aspects of Telenor’s activities—from its entry to its exit—in Myanmar. Gunnar M. Ekeløve-Slydal is the Deputy Secretary General of The Norwegian Helsinki Committee. The original Norwegian version of this article was first published in the Norwegian newspaper Klassekampen.

Telenor should be investigated

The state-owned company’s compliance with the Myanmar junta have put Norway’s reputation as a supporter of democracy and human rights on the line, an official of the Norwegian Helsinki Committee says

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