A Chance to Fix in Time: Analysis of Freedom of Expression in Four Years Under the Current Government
again by the dictatorship of the Tatmadaw (Myanmar Army) that still preserved, not to hand
over the power to the winning party. The military regime established the State Peace and
Development Council (SPDC) to rule the country with tyrannical system, leading it to the
absolute loss of free speech.
The 2010 general election followed the adoption of the 2008 Constitution drafted by the
military dictatorship. The Union Solidarity and Development Party (USDP), a political
vehicle of former military generals, won in the election and the political system of the
country started transitioning from military dictatorship to quasi-democracy. Even though
Section 354 guarantees the right to freedom of expression, publishing and distribution and
Section 365 guarantees the freedom of art, the 2008 Constitution states restrictions must be
established, in a phrase “if (the expression and assembly) are not contrary to the existing
laws”. Hence, it only seems that the 2008 Constitution respects and fulfils the right to
freedom of expression in euphoria but impedes the freedom of expression in practice.
The constitution lacks of provisions protecting media freedom and freedom of information
too. Free speech is limited, not even protected by the constitution, a pivotal stem of a legal
system of the country.
The situation apparently improved a little under the previous government led by U Thein
Sein compared to its predecessor NaAhPha military dictatorship (State Peace and
Development Council) led by U Than Shwe because direct censorship of private media
agencies was abolished, ban on Thangyat performance was lifted and peaceful protests
were regulated through a legislation. More expectations for human rights and freedom of
expression emerged after the National League for Democracy (NLD) led by Daw Aung San
Suu Kyi won with landslide victory in the 2015 general election. This report includes the
findings on freedom of expression violations within four years from April 1, 2016 to March
31, 2020 under the NLD-led new government.
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Chapter (1): Introduction