7/24/25, 11:18 AM Fourth draft Sagaing Constitution lacks fundamental rights - Human Rights Myanmar government, or activism. For example, the military routinely claims that it is preventing “hatred” or protecting “dignity” when it represses dissent. Risk of violating international law Previous drafts of the Sagaing Constitution lacked key human rights protections. However, the fourth draft introduces language that risks violating international law. Under international human rights law, some rights are absolute and may never be restricted under any circumstances. These include the right to freedom of opinion, the prohibition of torture and cruel treatment, and the prohibition of slavery. Yet Sub-clause K appears to allow all rights, without exception, to be limited in the name of “public safety”, preventing “incitement”, or to protect the “dignity” of individuals or organisations. This creates legal uncertainty and could be interpreted in ways that undermine absolute rights. For example, a future government could claim torture is lawful if it is done to protect somebody’s dignity. Recommendations The fourth version of the Sagaing Constitution and the public consultation process reflect the Sagaing Parliament’s willingness to engage with democratic norms, setting a new positive precedent in Myanmar’s legal history. The drafters must now build upon this progress by strengthening the content of the Sagaing Constitution’s human rights protections. A constitution that enshrines clear, enforceable, and modern rights, in language that meets international standards, will not only support democratic governance in Sagaing but also serve as a model for a future federal Myanmar. HRM remains ready to offer legal support and analysis to assist in this process. https://humanrightsmyanmar.org/fourth-draft-sagaing-constitution-lacks-fundamental-rights/ 4/6