7/24/25, 11:18 AM Fourth draft Sagaing Constitution lacks fundamental rights - Human Rights Myanmar The Sagaing Constitution could shape governance for years and lay the foundation for a future national constitution. It is essential that its protections meet international human rights standards. Missing civil and political rights In February 2025, the second version of the draft Sagaing Constitution was missing fundamental rights and problematic provisions. HRM proposed specific legal language to fill each gap, based on international law published with and best practices from other countries. These gaps still remain in the fourth version. For example, the draft still does not include a death penalty ban, the right to vote, comprehensive fair trial rights, a right to access the internet, a definition of emergency powers, or judicial review. Vague rights Many of the rights that are included are expressed in vague and general terms. Rights are never truly protected unless a constitution sets enforceable standards. A central flaw of the military’s 2008 Constitution was its intentional use of vague rights language. It often referred broadly to freedoms such as expression, association, or due process, but failed to define them clearly or prohibit their abuse. For example, the 2008 Constitution stated that freedom of expression was protected, but it included vague restrictions and failed to prohibit censorship. Similarly, it made vague commitments to the rule of law, but did not guarantee the basic right that individuals are presumed innocent until proven guilty. These issues were not accidental. They allowed the military to restrict rights while maintaining the appearance of constitutional legitimacy. Unfortunately, the fourth version of the Sagaing Constitution risks repeating these mistakes. Article 16 outlines a list of rights but does not define or guarantee them https://humanrightsmyanmar.org/fourth-draft-sagaing-constitution-lacks-fundamental-rights/ 2/6