7/24/25, 11:18 AM Fourth draft Sagaing Constitution lacks fundamental rights - Human Rights Myanmar in a way that meets international standards. The wording remains broad and lacks legal specificity. Vague commitments to dignity, justice, or safety are not a substitute for clear legal guarantees. Removal of political loyalty as a requirement for judges HRM welcomes the deletion of the provision requiring that judges must have served the revolution. Judicial appointments must be based on legal competence and impartiality, not political alignment. The drafter’s deletion of the clause is a necessary correction that strengthens the independence of the judiciary and helps ensure public trust, particularly in politically sensitive or rights-related cases. New vague and overly broad restrictions added A new restriction has been added to the list of fundamental rights in Article 16. Sub-clause K states that the exercise of any fundamental right shall not compromise public safety, incite hatred and conflict between different races, religions, and communities, or unjustly diminish the dignity of individuals and organisations. HRM’s earlier analysis recommended that each right listed in Article 16 be rewritten using the full text found in international law. For example, Article 19 of the International Covenant on Civil and Political Rights (ICCPR) defines both the scope of the right to freedom of expression and the specific conditions under which it may be restricted. These standards are necessary to ensure that rights are meaningful and not subject to arbitrary limitation. Sub-clause K does not follow international law. It uses vague, subjective terms such as “public safety,” “hatred,” and “dignity” — concepts that have often been misused in Myanmar to justify restrictions on peaceful speech, criticism of https://humanrightsmyanmar.org/fourth-draft-sagaing-constitution-lacks-fundamental-rights/ 3/6