Myanmar

Myanmar

Right	Section	Contents
Freedom of Association	History	Myanmar’s first constitution, created and adopted in 1947 after its independence, contains the earliest provision protecting the right to freedom of association in the country. Found in Section iii of Article 17, it allows citizens to form and join associations, as long as their goal is not to undermine the Constitution (“The Constitution of the Union of Burma” 1948, 3). “The Constitution of the Union of Burma” 1948 Myanmar Law Library http://www.myanmar-law-library.org/law-library/laws-and-regulations/constitutions/1947
Freedom of Expression	History	The 1935 Government of Burma Act mentions the right to freedom of speech in the Legislature in Article 27. The 1947 Constitution details freedom of expression in Article 17(i), though Article 28 states “The Parliament may by law determine to what extent any of the rights guaranteed by this Chapter shall be restricted or abrogated for the members of the Defence Forces or of the Forces charged with the maintenance of public order so as to ensure fulfillment of their duties and the maintenance of discipline.” Similar sentiment is echoed in the 2008 Constitution, giving citizens the right to freedom of expression “if not contrary to the laws, enacted for Union security, prevalence of law and order, community peace and tranquility or public order and morality.” References: Government of Burma Act, 1935. HMSO (1935). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0015&i=1 Constitution of the Union of Burma, 1947: A.J. Peaslee (1950 and 1956), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0014&i=1 Constitution of the Republic of the Union of Myanmar, 2008. Ministry of Information (consulted 2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmm0002&i=1
Freedom of Religion	History	Freedom of religion was first conditionally protected under Article 21(b) of the 1947 Constitution of the Socialist Republic of the Union of Burma which states that Burmese citizens “shall enjoy the right to profess their religion… provided the enjoyment of any such freedom does not offend the laws or the public interest” (Hein Online). The current Constitution of the Republic of the Union of Myanmar was ratified on 29 May 2008. Articles 34, 348, 352, 354(d), 363, and 368 grant religious freedom, equality, and prohibit religious discrimination. Article 362 recognizes Christianity, Islam, Hinduism and Animism as religions in the country. Article 34 of Myanmar’s current constitution protects freedom of religion for its citizens. It states: “Every citizen is equally entitled to freedom of conscience and the right to freely profess and practise religion subject to public order, morality or health and to the other provisions of this Constitution” (constituteproject.org). "Chapter II: Basic Principles." The Constitution of the Socialist Republic of the Union of Burma, 1974, pp. 4-7. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzmm0005&i=8. “Myanmar 2008 (Rev. 2015) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Myanmar_2015.
Freedom of the Press	History	The 1947 Constitution of Burma originally protected press freedom as a part of freedom of expression in Chapter I, Section 17: “There shall liberty for the exercise of the following rights subject to law, public order and morality…The right of the citizens to express freely their convictions and opinions” (Burma Library, “The Constitution of the Union of Burma, 24 September 1947, Effective 4 January 1948” ). Today, Chapter VIII, Article 354 of Myanmar’s 2008 Constitution protects press freedom: “Every citizen shall be at liberty in the exercise of the following rights…to express and publish freely their convictions and opinions" (Constitute Project, “Myanmar’s Constitution of 2008 with Amendments through 2015” ).
Privacy Rights	History	Article 160 in the 1974 Burmese Constitution grants privacy for home, property, correspondence, and communications (Burma Library, “THE CONSTITUTION OF THE UNION OF BURMA ( 1974) ”). Today, these same protections are afforded in Article 357 (Constitute Project, “Myanmar 2008 rev. 2015” ). https://www.burmalibrary.org/docs07/ 1974C onstitution.pdf?__cf_chl_jschl_tk__=pmd_uXw1EkLnkyq9T6FqkzA_NO9lvJaIhzdgyzAJ1J1s5Ko-163543 1051- 0-gqNtZGzNAiWjcnBszQjR https://www.constituteproject.org/constitution/Myanmar_ 2015? lang=en
Voting Rights and Suffrage	History	Article 391 of Myanmar’s Constitution states that citizens at least 18 years old have the right to vote for each Hluttaw of their constituency. The only individuals that are not allowed to vote are those 1) “members of religious orders,” 2) those serving sentences, 3) incompetent individuals, 4) individuals otherwise disqualified by law. (Constitute Project, “Myanmar’s Constitution of 2008 with Amendments through 2015” ).