Analysis of Constitutional Guarantees in Myanmar

A new analysis commissioned by IMS and carried out by the Center for Law and Democracy looks at the positives and shortcomings of the guarantees for freedom of expression in the 2008 Myanmar Constitution

The Centre for Law and Democracy (CLD) and International Media Support (IMS) today released an Analysis of the guarantees for freedom of expression in the 2008 Constitution of the Republic of the Union of Myanmar. Although the 2008 Constitution represented an important step forward in terms of democracy and human rights, the Analysis highlights shortcomings in terms of both the positive guarantees for freedom of expression and the relatively wide latitude it allows for restricting that right.

“Myanmar has made a strong commitment to reforming its law and practice on freedom of expression and other foundational rights for democracy, says Toby Mendel, Executive Director of the Centre for Law and Democracy.

“Part of that should include bringing the Constitution more fully into line with international standards, along the lines recommended in our Analysis.”

Recommendations

The analysis makes a number of recommendations to strengthen the Constitutional guarantees, including the following:

• The right to freedom of expression should apply to everyone, to all information and ideas, and regardless of frontiers.
• It should include not only the right to impart, but also the rights to seek and receive information and ideas.
• “Community peace and tranquillity” should not be included as grounds for restricting freedom of expression.
• Restrictions on freedom of expression should only be allowed where they are necessary to protect one of the interests listed in the Constitution

The analysis carried out by the Center for Law and Democracy is part of IMS’ overall programme for media support in Myanmar initiated in January 2012 in response to the positive developments on press freedom and steps towards reform taken by the government.

“Myanmar has taken significant steps in the past year towards greater media freedom and freedom of expression for its citizens. A major challenge now is to ensure that repressive media laws are replaced and constitutional guarantees for freedom of expression are improved,” says IMS Executive Director of International Media Support, Jesper Højberg.

CLD and IMS urge the Myanmar authorities to continue consultation with local media and civil society actors to sustain the positive momentum that has been created.

The Analysis is available at https://www.mediasupport.org/files/publications/Myanmar Constitutional Assessment_IMS-CLD.pdf-FINAL.pdf

For more information, please contact Toby Mendel, Executive Director, Centre for Law and Democracy (CLD), toby@law-democracy.org, +1 902 431-3688 (on the Analysis) or Esben Q. Harboe, Programme Manager, International Media Support (IMS), eh@mediasupport.org +45 5210 7805 (on the IMS Programme in Myanmar)

Read more about Centre for Law and Democracy (CLD) here.