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Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice 5.3 Sagaing Federal Unit Interim Constitution Although the Sagaing Federal Unit Interim Constitution clearly recognises freedom of expression and related freedoms as fundamental rights, it also states provisions that allow for the re-restriction these rights. Sagaing Region is one of the strongest areas of armed resistance, and from a legal perspective, it possesses one of the constitutional frameworks most closely aligned with international standards. However, the lack of clarity in restrictive legal terminology, together with fragmented administrative authority in the Sagaing Region, has led these legal provisions to fail to provide effective protection in practice. 5.3.1 Legal Recognition of Freedom of Expression and the Lack of Clarity in Restrictions Chapter Two of the Sagaing Federal Unit Interim Constitution, titled “Fundamental Rights, Entitlements, and Duties,” explicitly recognises freedom of expression and related rights such as the right to write, publish, access information, and distribute information17, as fundamental rights of all citizens. It also affirms freedoms of assembly, peaceful expression, and the right to form and join associations as citizens’ rights. Regarding the protection of rights, Article 41(a) of this constitution provides that individuals whose human rights have been violated may file a complaint at the Federal Unit’s human rights commission and seek legal protection. Article 41(b) also affirms that citizens can obtain protection in accordance with the provisions of the Universal Declaration of Human Rights.18 However, when specifying the circumstances under which freedom of expression may be restricted, the Constitution does not clearly articulate the standards of legality, necessity, and proportionality as required under international human rights law. At the end of Chapter Two, “Fundamental Rights, Entitlements, and Duties,” it 17 18 Sagaing Federal Unit Interim Constitution Sagaing Federal Unit Interim Constitution 21

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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

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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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