Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice
1. Introduction
The military coup of 1 February 2021 marked a major turning point in Myanmar’s
political and legal history. The military’s seizure of power constituted a blatant
violation of Articles 417 and 4181 of the 2008 Constitution, which was in force at the
time, with those entrusted with safeguarding the law instead breaching it.
Consequently, on 31 March 2021, the Committee Representing the Pyidaungsu
Hluttaw (CRPH)2 formally declared the complete abolition of the 2008 Constitution
through Announcement No. 2/2021.
This decision also legally invalidated the military regime’s narrative that the 2021
coup was carried out in accordance with the Constitution. However, it simultaneously
created a constitutional vacuum at the national level, leaving Myanmar without a
governing constitution. To prevent the collapse of the rule of law and administrative
mechanisms, and to establish the legal legitimacy of the revolution, it became
urgently necessary to fill this vacuum.
In response to this need, revolutionary forces that emerged following the military
coup issued the Federal Democracy Charter (FDC) on 31 March 2021. The Charter
assumed the character of an interim constitutional framework, replacing the 2008
Constitution and serving as the highest legal framework during the revolutionary
period. From 2023 onwards, revolutionary territories across Myanmar also began
drafting and promulgating their own interim political arrangements. These
developments began with the Interim Arrangements for Karenni State, followed by
the Chinland Constitution, the Sagaing Federal Unit Interim Constitution, and the
Mandalay Region Interim Political Plan, respectively.
These interim constitutional frameworks not only filled the legal gap left by the
abolition of the 2008 Constitution, but also served as a foundational basis for
establishing the legitimacy of the revolutionary forces and for building a future federal
1
2
The Constitution of the Republic of the Union of Myanmar (2009) - Pg. 167, 168.
https://crphmyanmar.org/publications/statements/crph3103212/
3