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Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice expression in the Mandalay Region Interim Political Plan and assesses their implementation in practice. 5.4.1 Legal Recognition of Freedom of Expression and Ethics-Based Restrictions Chapter (4) of the Mandalay Region Interim Political Plan, titled “Fundamental Rights, Entitlements, and Responsibilities,” explicitly provides under Article 19(a) that all persons residing in the Mandalay Region shall enjoy the rights to freedom of expression, publication, access to information, and distribution of information.26 In addition, Articles 19(b) and (c) guarantee the rights to freedom of assembly, peaceful protest, and the formation of associations. However, Article 19(e), which limits these rights, raises concerns about compliance with the clarity requirements of international human rights standards. The provision states that “while exercising the freedom in this article must not harm democratic and federal principles, public health, and public morality.”27 In this context, the term “public morality” is extremely broad and lacks a precise definition. Political disagreements or criticism of revolutionary leadership can readily be interpreted as harming public morality and leading to restrictions. This indicates that although freedom of expression is formally recognised, the conditions under which it may be restricted are excessively broad and pose a high risk of misuse. In addition, Article 21(a) states that “individuals’ dignity and reputation must not be harmed.”28 This provision can function as a legal weapon to obstruct investigative journalism and the exposure of corruption by framing such reporting as defamation. 5.4.2 Security Justifications and Self-Censorship Unlike Sagaing Region, Mandalay Region is not a fully liberated area; rather, it is one where military control and revolutionary activities are mixed. As a result, security has 26 Mandalay Region Interim Political Plan Mandalay Region Interim Political Plan 28 Mandalay Region Interim Political Plan 27 26

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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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