အသံး& ြပ$သ> အခွငအ
့် ေရး ချိ$းေဖာက်မ1များ
Violations of User Rights
C1: ဖွဲUစည်းပံFအေြခခံဥပေဒY4င ့် အြခားဥပေဒများသည် လွတလ
် ပ် စာွ ထFတေ
် ဖာ်ေြပာဆိြF ခင်း၊ သတင်းအချက်အလက်ရယNခွငY
့် င
4 ့်
သတင်းလွတလ
် ပ် ခွင ့် စသည့ ် အခွငအ
့် ေရးများကိF အင်တာနက်ေပ:တွင ် အပါအဝင် ကာကွယရ
် န် ပျက်ကက
ွ ပ
် ါသလား။ ၎င်း
၀ မ4တ ်
ဥပေဒများအား လွတလ
် ပ် မ,ကင်းေသာ တရားစီရင်ေရးအဖွဲUက အားေကာင်းလာေစပါသလား။ (၀-၆ မ4တ)်
C1: Do the constitution or other laws fail to protect rights such as freedom of expression, access to information, and
press freedom, including on the internet, and are they enforced by a judiciary that lacks independence? (0–6 points)
0
The military’s coup effectively nullified the 2008
constitution along with the limited protections for
free expression it offered. The military claimed that
the coup—carried out under the cover of a state of
emergency that the military said was necessary to
address unverified claims of fraud in the November
2020 elections—was in line with its constitutional
powers. However, both the justification and the
process itself were unlawful.212 Members of the
Constitutional Tribunal, the one state body that
might have held the military accountable to the
constitution, were all replaced by the military on
February 9, 2021.213 In April 2021,
parliamentarians who escaped the military declared
the 2008 constitution void and replaced it with an
interim charter under the NUG. 214
Union [of Myanmar] security, prevalence of law and
order, community peace and tranquility, or public
order and morality.”218 The constitution included no
provisions directly relating to the internet or access
to information, although Article 96 and Schedule 1
(8.m) granted the parliament authority to establish
laws regulating the internet.
The 2008 constitution and other laws in Myanmar
largely failed to protect human rights online. The
constitution, drafted by a previous military
government and approved in a flawed 2008
referendum, stated that “enhancing the eternal
principles of justice, liberty, and equality” was one
of the country’s six objectives.215 It also provided
specific—but highly limited—guarantees for
citizens to “express and publish their convictions
and opinions,”216 and to “freely develop literature,
culture, arts, customs, and traditions,”217 provided
that they were “not contrary to the laws enacted for
The rule of law has essentially collapsed.219 Before
the coup, judicial independence was minimal as
courts generally adjudicated cases in accordance
with the government’s interests, particularly in
cases with political implications.220 Since the coup,
the military has suspended habeas corpus and other
legal rights, tried civilians in military tribunals,
heard cases inside prisons to prevent observers
from attending, arbitrarily detained thousands of
people, harassed lawyers, and used torture to
extract confessions.221
A number of laws undermine media freedom and
freedom of expression. The 2013
Telecommunications Law criminalizes legitimate
expression and authorizes restrictions on online
content. A range of other laws further impede
online expression, including the Electronic
Transactions Law (see C2), the Printing and
Publishing Law, and the Broadcasting Law (see B6).
် ပ်မ/ - ြမန်မာ2ိင
4 င
် ံ
Free Expression Myanmar (FEM) and Freedom House - Freedom of the Net: Myanmar - အင်တာနက်ေပ*တွင် လွတလ