Freedom of Expression During Myanmar’s Revolution: The Gap Between Legal Provisions and Practice
The findings of this research indicate that the Federal Democracy Charter and the
Karenni State Interim Arrangement prioritize collective rights over individual rights,
and that freedom of expression is conflated with cultural rights. Rights are framed not
primarily as universal individual entitlements, but rather within the context of specific
identity-based groups such as ethnic groups, women, and youth.
None of the four documents explicitly references or incorporates the standards of the
ICCPR or the UDHR in defining the scope of these rights. This has created a
situation in which local military leaders can interpret it however they want.
6.2 Re-imposed Restrictions and the Tension Between Security and
Freedom
The key finding across all the regions is that security conditions override the
provision of rights. Regardless of how interim arrangements and constitutional
provisions are drafted, the term “security” ultimately prevails over constitutional
guarantees in practice.
The draft constitution of the Sagaing Region states that rights may be restricted if
they harm public security. Similarly, the Mandalay Region Interim Political Plan
re-imposes restrictions on the rights it grants through broad, open-ended language,
such as “if those rights harm democratic and federal principles, public health, or
public morality.”
In addition, the Mandalay Region Interim Political Plan contains a constitutional
immunity clause. Article 151 explicitly states that no legal action may be
brought before any court in relation to legislative, executive, or judicial acts
carried out according to this Interim Political Plan.33 This provision represents a
significant warning sign. Although Article 19 grants freedom of expression,
Article 151 effectively provides immunity to interim authorities if they justify their
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Mandalay Region Interim Political Plan
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