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Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice “When drafting these legal frameworks, we did consider the five core elements of freedom of expression; it’s not that they were ignored. Human rights principles, international law, treaties, and declarations were all taken into consideration during the discussions. Elements of freedom of expression, such as language and culture, are easier to address. However, aspects of freedom of expression, related to political views, or public preferences tend to be restricted in the name of revolution,”9 said a legal expert who participated in the focus group discussion, reflecting on how rights were considered and subsequently limited during the drafting process. To address the ambiguity regarding freedom of expression in the Federal Democracy Charter, the National Unity Government issued a “Position Statement on Freedom of Press and News Media”10 on 3 May 2024, three years after the adoption of the FDC. While this document does not explicitly incorporate freedom of expression, it provides a more detailed articulation of media freedom and the public’s right to access information. However, since this position statement is a policy-level document, it remains necessary to further examine, based on conditions in practice, how far it can be applied or adapted within regional interim governance arrangements. 5.1.4 Restrictions on Freedom of Expression Based on Security Justifications According to data from research interviews and focus group discussions, in some areas under the administration of the National Unity Government, freedom of expression and the rights of journalists have been restricted, internet access has been controlled, and media coverage has been prohibited. Although these conditions may be permitted under international standards, the absence of a systematic assessment of necessity and proportionality can risk excessive interference with freedom of expression. 9 10 A legal expert who provided legal assistance in the processes of developing interim arrangements Position Statement on Freedom of Press and News Media 16

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Freedom of Expression During Myanmar’s Revolution : The Gap Between Legal Provisions and Practice

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Burmese
English

Topic

Information Operation
Military Coup

Author(s)

Athan

Date Published: Feb 17, 2026

Abstract: he 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 state. In particular, they function as a social contract between those who govern and those who are governed, aimed at protecting citizens’ rights.

Douglass C. North, a Nobel Prize–winning institutional economist, argues in his institutional theory3 that the principles applied in establishing a state’s foundational institutions play a decisive role in shaping its future political order. Accordingly, it becomes essential to examine how freedom of expression—one of the fundamental requirements of a democratic system—is incorporated into these foundational frameworks and the extent to which it is guaranteed, as they can serve as the critical veins of future federal units.

This study is a comparative analysis of how freedom of expression is placed in the Federal Democracy Charter and the interim legal frameworks enacted by three key revolutionary areas—Karenni State, Sagaing Region, and Mandalay Region—that emerged following the collapse of the 2008 Constitution. It comparatively examines how freedom of expression is addressed in papers and how it is practiced on the ground. This study furthermore identifies gaps between legal provisions and practical implementation, security-based restrictions, and self-censorship among the public.

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Freedom of Expression During Myanmar’s Revolution : The Gap Between Legal Provisions and Practice

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