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Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice international standards. However, it lacks sufficient mechanisms to guarantee and implement it as an individual right. In the charter, freedom of expression is conceptually aligned with international standards, but gaps remain in on-the-ground protection and effective implementation. 5.2 Interim Arrangements of Karenni State This section examines the extent to which freedom of expression is recognised and protected in the interim arrangements of Karenni State, in line with international human rights standards, and how such protections operate in practice. Kareeni State is documented as the first state to establish an interim state-level governance mechanism during the revolution. According to a study13 by the ISEAS – Yusof Ishak Institute, a Singapore-based Southeast Asia research institute, the Karenni State Consultative Council / Interim Executive Council has also succeeded in establishing economic management mechanisms, resulting in a comparatively more consolidated system of governance than in other regions. However, the study, from the perspective of freedom of expression, identifies notable weaknesses in legal protections, alongside the use of technological measures to restrict information flows related to military and security matters. 5.2.1 International Standards Referenced Only in General Terms Chapter One of the Karenni State Interim Arrangements, titled “The Foundation of the Karenni State Consultative Council (KSCC),” states that “respecting and upholding human rights standards” is among the core values of the Council. However, the document does not specify which standards are being referred to, nor Bissinger, J. (ed.) (2025) Economic governance of non-state authorities in Myanmar: Potentials and pitfalls. Iseas Publishing. 13 18

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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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FoE-During-Myanmars-Revolution_Athan_Feb-2026_ENG-1.pdf
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Freedom of Expression During Myanmar’s Revolution : The Gap Between Legal Provisions and Practice

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