The dangers of working as a journalist in Myanmar: be detained or be killed

26-02-2024

Pauliina Majasaari

Human Rights Researcher 

Global Human Rights Defence

Myat Thu Tan, a Western News journalist, and a reporter for Democratic Voice of Burma, who had been working in Myanmar, was found dead on February 5th of 2024.[i] He was tortured, shot and killed by the Myanmar military (Tatmadaw) together with seven other political detainees held by the military junta.[ii]

After the takeover of power by the Myanmar military in 2021, the hopes for freedom of press were crushed as the military junta issued a list of media outlets that were prohibited from making statements or publishing news.[iii] Their aim was to neutralise all independent media as well as instil terror for others working in the field.[iv] Consequently, the military amended the existing laws on freedom of speech and press, followed by strict enforcement. According to the amended Penal Code, making comments that can cause fear or spreading fake news is punishable by a three year prison sentence.[v] Additionally, the spreading of fake news can be punishable by death with no possibility for appeal.[vi] Moreover, the military junta has been arresting and detaining a vast amount of journalists in targeted raids and imposing unreasonably long prison sentences upon them, for some lasting over 10 years.[vii]

According to Article 19 of the Universal Declaration of Human rights (UDHR) everyone has the right to hold opinions and the right to freedom of expression, which includes the possibility to impart information through any choice of media.[viii] The same right is included in Article 15 (3) of the International Covenant on Economic, Social and Cultural Rights (ICESCR).[ix] Additionally, the right to life and liberty are set under Article 3 of the UDHR, as well as the right to be free from torture as reiterated under Article 5 of the UDHR.[x] Most of the provisions contained within the UDHR have received customary law status and the previously mentioned provisions are indeed customary law, which obliges states within the international community to abide by them.[xi] The current situation and the actions of the Myanmar military are violating journalists’ fundamental rights and freedoms, including right to life, freedom from torture, as well as the right to freedom of expression and opinion. Several organisations serving the protection of journalists have compiled evidence for these violations, proving that the Myanmar military is torturing and assassinating journalists.[xii] Furthermore, banning the publishing of news by independent media outlets is against the freedom of expression and speech, and restricting the use of certain expressions in reference to the Myanmar military is against the right to hold opinions.[xiii] Not to mention that silencing the press, who’s role involves protecting democracy, restricts freedom of opinion and reinforces the strength of the military leadership.[xiv]

Therefore, as advised by various organisations promoting the rights of journalists, Myanmar should be urged to allow the freedom of press and bring justice to the victims by prosecuting the persons responsible for the murders.[xv] As a state within the international community with the obligation to follow the standards set by the UDHR, Myanmar is called upon to cease the unlawful detention and murder of journalists, an essential step in consolidating democracy.[xvi]

[i] ‘Myanmar: Journalist tortured and killed in military custody’ (International Federation for Journalists, February 19th 2024) <https://www.ifj.org/media-centre/news/detail/category/press-releases/article/myanmar-journalist-tortured-and-killed-in-military-custody> accessed February 26th 2024.

[ii] Ibid.

[iii] ‘The story of how press freedom was crushed in six months’ (Reporters Without Borders, July 28th 2024) <https://rsf.org/en/story-how-press-freedom-was-crushed-six-months-myanmar> accessed February 26th 2024.

[iv] Ibid.

[v] Ibid.

[vi] Ibid.

[vii] Ingyin Naing, ‘Journalists Paying a Heavy Price in Myanmar’ (VOA News, January 26th 2024) <https://www.voanews.com/a/journalists-paying-a-heavy-price-in-myanmar-/7459603.html> accessed February 26th 2024.

[viii] Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A(III) (UDHR).

[ix] International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3 (ICESCR).

[x] UDHR (n viii).

[xi] ‘Universal Declaration of Human Rights’ (UN) <https://www.un.org/en/about-us/universal-declaration-of-human-rights> accessed February 26th 2024.

[xii] Ibid (n i).

[xiii] ‘Myanmar’ (Reporters Without Borders) <https://rsf.org/en/country/myanmar> accessed February 26th 2024.

[xiv] Ibid.

[xv] Ibid (n i).

[xvi] Ibid.