No End of History

Episode #481: Toby Mendel, a lawyer with the Centre for Law and Democracy, has spent over a decade working on freedom of expression and democratic reform in Myanmar. He recalls the Thein Sein years (2012–2015) as an exhilarating period when military-linked officials introduced new laws and appeared surprisingly open to external advice. International organizations were energized, and citizens sensed real hope. But with the NLD’s 2015 election victory, momentum stalled. Mendel points to the 2015 broadcasting law, which could have created an independent broadcasting council, but was never implemented by the NLD. By the 2021 coup, Myanmar still had only twelve licensed radio stations, evidence of a media sector “absolutely not developed.” At the core, he argues, was the NLD’s reluctance to practice democracy in full: they affirmed it in principle but resisted certain aspects, such as a free, critical press. Concerning the Rohingya genocide, he expresses disappointment that Aung San Suu Kyi, despite her “enormous moral authority... just went along with it”; in his view, not using “her moral and political authority is a significant failure as a leader.” Since the coup, however, he has seen attitudes shift as more Burmese experience the military’s repression first-hand, prompting rethinking about the Rohingya and entrenched patriarchy. Despite NLD shortcomings, progress was still made in some areas. For example, CLD worked with a Women’s Health Organization on the right to information, showing how openness could strengthen women’s rights. Mendel also established the Myanmar Media Lawyers Network, helping build capacity for democratic media law. The coup was a rupture that few foresaw. Officials once moving toward democratic reforms were jailed overnight. Since then, CLD has pivoted to supporting civil society in conflict zones, developing adaptable democratic frameworks, and aiding local “statelets” experimenting with governance. Mendel stresses that replacing the military with something “less toxic” is not enough—Myanmar needs real democratic structures. While free elections are impossible today, local initiatives adopting media policies and civil society rules mark fragile but vital first steps. Looking outward, he warns of China’s export of authoritarian models and the spread of disinformation, and urges Western governments, especially Canada, to prioritize democracy support. “The people of Myanmar are engaged in an epic struggle,” he concludes, one that demands far greater international backing.