The Situation of the Freedom of Expression in Myanmar
(1) Introduction
1.1 Research Background and Problems
Myanmar society acknowledges Freedom of Expression as the most basic human right and a core political value for achieving an accountable and transparent democratic society. Freedom of Expression is defined not only as beliefs and ideologies but also as the sharing and distributing of incoming news and information. Article 19 of the ICCPR – International Covenant on Civil and Political Rights states that everyone has the right to share opinions and thoughts verbally, in writing, in any art form or media after practicing the right to freedom of expression.
How does Myanmar society and its political institutions protect this fundamental right of freedom of expression? How does it fulfill, support and promote it? Such questions are to be considered in this topic. One reason is that the Myanmar military has systematically endeavored to imply the broader oppression of the right to freedom of expression nationwide since the attempted coup in 2021 when they seized power from the elected civilian government. Moreover, it reflects whether the people in Myanmar can practice freedom of expression on a full scale.
Public participation is vital in building a democratic society, and it is essential to guarantee that people have the right to write, express, and share their opinions, beliefs, and information. One ambition of the 2021 Spring Revolution is establishing a federal democracy state. Thus, it is vital to develop and promote standard political and democratic values from now on. This is the way to achieve a democratic society, and the lives and sacrifices of the people in the Spring Revolution will not be wasted.
This report is based on the question of how the whole Myanmar public opposed the 2021 Coup or how they are still fighting against it. It also studied why Myanmar people are still fighting against the military junta and their political ambitions.
The people of Myanmar have unequivocally rejected the 2008 Constitution, which existed before the 2021 Coup and was influenced by the military and its conglomerated partners. This rejection was a powerful catalyst for a series of nationwide protests, as the people of Myanmar yearned for the end of any form of dictatorship. They demanded the establishment of a federal democratic society that guarantees human rights, equality, and self-determination while building up the new Myanmar.
It is imperative that democratic norms such as equality, press freedom, the right to information, freedom of expression, freedom of association, and freedom of assembly are not just promoted but protected and implemented to achieve a democratic society.
The following questions must be addressed to successfully implement a federal democratic society: Which democratic norms are flourishing, and which are being suppressed? In what ways are these norms being repressed? Who are the victims of this oppression, and who is attempting to control and limit their freedoms? This report examines the situation in Myanmar through the lens of freedom of expression, focusing on how the people of Myanmar have exercised their right to freedom of expression in response to the military coup. It explores the extent to which they have mobilized to advocate for their future nation and pursue their political goals.
1.2 Methodology
Athan monitored daily news and information from various media organizations, focusing on freedom of expression to compile this report. We systematically gathered information from local-based international media organizations, exiled Myanmar media, and local media at the provincial and township levels. Athan also connected with local reporters and partner organizations to verify and add more detailed information.
(2) Peaceful Assembly
2.1 Peaceful Assembly and its International Standards
Article 21 of the ICCPR – International Covenant on Civil and Political Rights states, “The freedom of assembly shall be recognized.” Peaceful assembly protects non-violent gatherings, principally those that are expressive and have a specific purpose. “Peaceful Assembly” is a fundamental human right related to freedom of expression. The ICCPR and other international treaties safeguard the right to peaceful assembly as the right to freedom of expression. This fundamental right is at the core of the public administration mechanism and is undeniably essential. If a government body neglects to uphold and respect this fundamental right, it demonstrates oppression of the people, and that government can be classified as a “violator of human rights.”
Peaceful assembly refers to a non-violent gathering of individuals who share a common goal. These gatherings can take place in various settings, including outdoors, indoors, and online, such as on social media platforms or in public or private spaces. Peaceful assembly can take many forms, including protests, hunger strikes, rallies, marches, public meetings, strikes (like candlelight vigils, sit-ins, and marching strikes), public gatherings, online gatherings, and flash mob events. According to General Comment 37 of the International Covenant on Civil and Political Rights (ICCPR), if participants in such gatherings engage in extensive acts of violence, the gathering may be classified as violent.
On February 1, 2021, the military junta chief, Min Aung Hlaing, arrested President U Win Myint, State Counselor Daw Aung San Suu Kyi, and several members of the civilian government, along with politicians and activists. The junta justified these actions with the baseless claim of “2020 Election Fraud” in an attempt to stage a coup. Millions of people across Myanmar—whether in rural areas, urban cities, border regions, or among the diaspora—expressed their objections to the coup in various ways.
2.2 Forced Crackdown on Peaceful Protests
As the very first campaign against the coup, the whole country performed the pot-banging campaign on February 2, 2021. The government staff members also performed the Red Ribbon Campaign on February 3, 2021. On February 4, 2021, an activist called Dr. Tayza San led a protest in Mandalay. Later, millions of people from Yangon, Tanintharyi, and many other places across the country protested and organized campaigns peacefully against the dictator. (RFA Burmese, 2021, February 4) When those public movements are escalating across the country, the military junta violently crackdown against the unarmed peaceful protestors. Following that, the military holds a saying called “(if they) want to make changes, (we shoot) at their heads” and has bluntly committed a series of lethal crackdowns by using live rounds and combat weapons. (Oak Aww, 2022, July 18)
The pot-banging campaign is a powerful protest against the military junta in Myanmar, where people across the country bang pots from their homes every night at 8 p.m. while vehicles on the road honk in solidarity. This campaign embodies the demands of the Myanmar people. However, it has angered the military junta, leading to the arrest and repression of participants. Individuals from Yangon, Mandalay, Naypyidaw, the Irrawaddy region, and Chin State have been imprisoned for taking part in the campaign.
(March 11, 2021)
Local administrators, along with the police and military, conducted forced interrogations of those who participated, releasing them only after they promised not to join the protests again. Due to the large number of participants, it was impossible for the military to arrest everyone involved. In response, supporters of the Myanmar military have raided neighborhoods, using gunfire and verbal assaults to intimidate residents and suppress the campaign.
Mass protest campaigns began on February 6, led by many young people nationwide. Two days later, on February 8, soldiers from the Myanmar military used water pressure pumps to disperse the peaceful crowd during the protest. Following this, the police force, under military control, fired live rounds at protesters near the Thapyay Kone Roundabout in Naypyidaw. (RFA Burmese, 2021, February 9) This incident has injured at least five people, including a journalist. Win Htet Moe, 26 years old, was shot in the hand; Ko So Wai, 23 years old, was shot in the chest; and Mya Thwet Thwet Khaing, 20 years old, was shot in the head. (Myanmar Now, 2021, February 9) Mya Thwet Thwet Khaing lost her life on February 19 due to brain death after being shot in the head. Ko Min Nyi Nyi Htun, Ko Ye Win Htun, Ko Pyae Sone Aung, and Ko Saw Oakkar Oo were arrested by the military regime for their involvement in the protest and have been charged under Article 19 and Article 25 of the Natural Disaster Act.
Over time, public outrage against the unjust actions of the oppressive military regime has grown significantly. Millions of people have taken to the streets to protest the military coup. As the anti-coup protests intensified, the army and police forces responded with violence, subjecting protesters to beatings, arrests, and the use of tear gas to disperse crowds. They also rammed military trucks and cars into protesters and fired live rounds, in addition to using rubber bullets, leading to lethal consequences. Although the movement has lost some momentum due to systematic investigations targeting activists, young people, and protest leaders—along with the use of informers to facilitate searches, arrests, and torture—protests against the military regime have continued from February 2021 to the present.
In March 2021, soldiers and police forces killed at least 520 people, marking it as the month with the highest death toll and arrests of unarmed, peaceful protesters. (Athan, 2022, October) Million people participated in mass protests and strikes against the military regime across Myanmar until early April 2021. The military junta responded with brutal crackdowns on almost every protest camp in many townships. In response, protesters became creative, implementing flash mob protests and online campaigns. According to the Armed Conflict Location & Event Data Project (ACLED), which closely monitors political and military conflicts in Myanmar, more than 60% of the forced crackdowns occurred globally after the coup took place in Myanmar. (ACLED, 2021, October).
2.3 Civil Disobedience Movement (CDM)
Public protests and pot-banging campaigns against the military regime have been powerful, leading to a significant disobedience movement known as the Civil Disobedience Movement (CDM) initiated by government staff. Employees from various government departments, including the Ministry of Health, Ministry of Transportation, Ministry of Education, municipal offices, banks, and others, defied orders from the junta. They adopted the slogan “Do not go to the office, break the chains” and actively participated in efforts to undermine the operations of the military regime. As a result, it is evident that the military regime’s governing mechanism has been unable to function normally to this day.
In early March 2021, government staff members from various departments actively joined the Civil Disobedience Movement. In response, the military regime oppressed these individuals using charges such as Penal Code 505A and Article 188. They faced dismissals, arrests, and the issuance of warrants. A notable incident occurred on March 10, 2021, when several members of the police and military raided the Ma Hlwa Gone train station compound in Mingalar Taung Nyunt Township, Yangon, to arrest railway workers involved in the CDM movement.
Following the coup, the military regime armed their supporters, known as “Pyu Saw Htee.” Soldiers and members of the Pyu Saw Htee were deployed in various villages and townships across the country to arrest and kill young protest leaders, participants in the protests, and individuals involved in the Civil Disobedience Movement (CDM). As a result, many people were forced to flee their homes and leave behind their belongings. The military regime has placed individuals associated with the CDM on a blacklist, which has led to the suspension of their passport applications to prevent them from traveling abroad. Furthermore, the military, with assistance from the police, interrogated and arrested anyone they suspected at the passport office.