Analyzing the Diminishing Civil Space in the post-Coup Arakan

Executive Summary

1. Civil space, which includes the freedoms of assembly, association, and expression, is crucial for a democratic soceity and fostering open societies and protecting human rights. It enables individuals and groups to gather, express themselves, and engage in public discourse without fear of retaliation. The significance of the freedoms of expression, peaceful assembly, and association is emphasized by international legislation, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). These rights are foundational for the resilience and development of democratic and just societies.

2. In Myanmar, the legal framework for protecting media and civil society organizations (CSOs) has historically been weak, with media laws and CSO registration laws offering limited protection. Although the "Myanmar Media Law" was enacted in 2014 and other regulations were introduced to support media freedoms, the successive governments have undermined and neglected these efforts. Furthermore, even if the rights to freedom of expression, assembly, and association are enshrined in the 2008 Constitution, inconsistent legislation and by-laws have been greater obstacles particularly after the 2021 coup.

3. The situation of civil space in Myanmar can be described as fragile in 2021, with the Arakan region, known as Rakhine state, being one of the most severely impacted areas. Journalists and civil society actors face threats of arbitrary arrests, forced disappearances, and increased human rights violations under internet restrictions. The introduction of the draft Cyber Security Law further curtailed the freedoms of information and expression within civil space, affecting both media and CSOs.

4. Regarding the conditions of independent media in Rakhine State after the coup, actions by the State Administration Council (SAC), including harassment, arrests, and violence towards journalists, have worsened the situation. These actions have led to significant operational restrictions, forcing many journalists into hiding or exile. Using the Penal Code and the Anti-Terrorism Law, the SAC has unjustly prosecuted media personnel with severe prison sentences. Additionally, financial and human resource limitations, including funding inconsistencies and operational risks due to a lack of staff, have hindered the media's ability to function effectively.

5. In the post-coup, CSOs in Rakhine State have faced similar challenges. The SAC's 2022 Registration of Association Law and other regulations have severely restricted their operations. Financial instability, human resource constraints, and security threats further hampered their ability to function. Despite these challenges, CSOs have continued to adapt through strategic negotiations and cautious coordination with authorities, striving to maintain their commitment to community service amidst adversity.

Introduction: Addressing the State of Civil Space after the 2021 Military Coup

1.1 Concept of Civil Space and Its Importance

Civil society actors play pivotal roles as catalysts for change. Their contributions are indispensable in fostering open societies, safeguarding human rights, and combating global poverty. Thus, civil space is essential for all countries to achieve resilience and development with democratic societies and human rights priorities. There are international laws and definitions of civil space and its concepts. The UDHR underscores the fundamental importance of freedom of expression, including freedom of the press, as well as the right to peaceful assembly and association. These freedoms are essential components of civil space, providing individuals and groups with the means to participate in public life, express themselves, and advocate for their rights and interests. According to Article 19 of the Universal Declaration of Human Rights (UDHR), everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers. Additionally, Article 20 of the UDHR states that everyone has the right to freedom of peaceful assembly and association.

On the other hand, the International Covenant on Civil and Political Rights (ICCPR) is a legally binding treaty that obligates states parties to uphold and protect the rights enshrined in the covenant, including those related to civil space. It also mentions the rights to freedom of expression under Article 19 and freedom of peaceful assembly and association under Article 21, affirming the principles established in the UDHR. Article 19 of the ICCPR states: "Everyone shall have the right to hold opinions without interference. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice". Article 22 highlights that everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

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