Introduction
Online platforms became a new avenue for people to express themselves politically. Unprepared and
uncomfortable with online criticism directed at public officials, the NLD-Tatmadaw hybrid regime resorted
to the Telecommunications Law and the country’s Penal Code to silence critics, journalists and human
rights defenders, or to impose outright internet shutdowns. These restrictions on internet usage and
persecution of users has created a precedent for post-coup internet shutdowns and criminalisation of
online activism, which are contrary to all international standards on freedom of expression and internet
freedoms. 6
1d. Implementation of Recommendations Under
Human Rights Mechanisms
Internet freedoms and guarantees on freedom of expression are stipulated under Article 19 of the ICCPR as
“everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and
impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form
of art, or through any other media of his choice” (OHCHR, 1966). As stated in the General Comment No. 34,
rights provision under paragraph 2 of the Article 19 protect all forms of expression and the means of their
dissemination, including audio-visual, as well as electronic and internet-based modes of expression.
In this section, Myanmar’s internet freedoms are assessed via its adherence to international human rights
standards emanating from customary international law and its obligations under the treaties to which it is a
party. Myanmar’s implementation of recommendations under various UN human rights mechanisms is
discussed, including those based on the country’s UPR cycles in 2010, 2015 and 2020 and the reports of
the UN Special Rapporteur on the situation of human rights in Myanmar. At the regional and national levels,
the significance of the Association of Southeast Asian Nations (ASEAN) Human Rights Declaration, the
ASEAN Intergovernmental Commission on Human Rights, and the Myanmar National Human Rights
Commission (MNHRC) are also briefly considered.
In 2019, a motion from the NLD to sign the ICCPR was rejected by military members of parliament. While
Myanmar is not a signatory to the ICCPR, its provisions on freedom of expression and the rights to privacy
under the Constitution, which are essential to the realisation of internet freedoms, reflect the guarantees of
the Universal Declaration of Human Rights (UDHR). The UDHR is widely regarded as customary
international law, and Myanmar remains obligated to respect and comply with the UDHR as the country
voted in favour of its adoption in 1948. The UDHR guarantees the right to freedom of expression in Article
19: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any media and
regardless of frontiers.” ASEAN has affirmed the commitment of its Member States to uphold all civil and
political rights in the UDHR. Myanmar is therefore legally required to uphold the right to freedom of
association.7
Additionally, the obligation to respect, protect and fulfill the right to internet freedoms is encompassed in
different ways in Myanmar’s existing treaty obligations, including under the International Covenant on
Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC). Internet
freedoms are in many cases a prerequisite—or at a minimum, significantly impacted by—many of the rights
articulated in the ICESCR, such as the right to education, the right to take part in cultural life, and the right
to work.
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6 These standards are well treated in the authoritative General Comment Number 24 of the Human Rights Committee:
https://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf
7 International standards for the freedom of expression are articulated by the International Covenant on Civil and Political
Rights (ICCPR), the UN Special Rapporteur for the promotion and protection of the right to freedom of opinion and expression,
and other authoritative sources.
Joint Declaration which is available here:
https://r2pasiapacific.org/files/6545/Joint_Declaration_SEA_RegionHall_Myanmar_2021.pdf