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Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice 5. Findings by Region 5.1 Federal Democracy Charter (FDC): Foundational Normative Baseline In this study, the Federal Democracy Charter (FDC) enacted by the National Unity Consultative Council (NUCC) is used as a normative baseline for examining the implementation of freedom of expression within interim governance arrangements during the Spring Revolution. The FDC was adopted to address a legal gap and establish a mutual political agreement among revolutionary forces following the invalidation of the 2008 Constitution after the 2021 Coup. In this section, the Federal Democracy Charter (FDC) is set as a normative baseline grounded in international human rights standards, and the examination focuses on how freedom of expression is recognized and how its recognition can be applied across regions. 5.1.1 Conceptual Recognition of Freedom of Expression with Limited Guarantees The Federal Democracy Charter (FDC) guarantees fundamental human rights, equality, and non-discrimination, and states that all citizens are entitled to enjoy their rights without discrimination on the basis of race, religion, gender, disability, or sexual orientation. These provisions demonstrate alignment with international human rights standards, such as the ICCPR, at the foundational level. While it provides for the protection of media freedom, the right to information, and the right to freely report news, it does not explicitly establish freedom of expression as a distinct individual right. 5.1.2 Prioritizing Collective Rights over Individual Freedom Although the Federal Democracy Charter (FDC) does not explicitly state freedom of expression as an individual right, its cultural rights provisions address that “persons 14

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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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