Description:
"Abstract: The tension and violence against the Rohingya in Rakhine State, Myanmar has been escalating to the extent that it could be called ethnic cleansing or crime against humanity. The international
community has insufficiently done in preventing and protecting the Rohingya that are facing persecution in Myanmar. The national mechanism in Myanmar which consists of the Rakhine
Conflict Investigation Commission, the Myanmar National Human Rights Commission, and the Central Committee for Rakhine State Peace, Stability, and Development Implementation intends
to address the truth and solution to the crisis. Moreover, due to the latest incident in Muangtaw where nine policemen were killed, the Myanmar government also establishes another commission
to investigate such an incident. The international community also calls for the independent truth commission to address the Rohingya issue. It is high time to examine and assess those mechanisms
to what extent they help mete justice and accountability for atrocities in Myanmar. This paper will also compare and contrast the works of human rights and investigation commissions established
by Myanmar and the others in order to suggest the best practices to enhance the mechanisms in Myanmar.....INTRODUCTION: Atrocity crimes are pervasive in many areas of the world. They are gross human rights violations which the international community must not tolerate because they are crimes of international concern which pose a threat to peace and international security. 1 However, some
atrocity crimes happen in the areas out of sight of the world. Little is known about what has been happening in those areas, such as in Myanmar. Myanmar seems to be a peaceful Buddhist country
in Southeast Asia; however, it has been facing internal armed conflicts for decades since the country has become independent from the United Kingdom in 1948. 2 The conflicts and human
rights abuses have erupted in several states namely Kachin, Shan, Kayah, Kayin, and Rakhine.3 Particularly, in Rakhine State, Myanmar attempts to hide atrocities against the Muslim minority –
the Rohingya – from the attention of the international community to avoid responsibility and accountability. This paper focuses on the problems in Rakhine State, in particular the Rohingya
issue. The Rohingya conflict is now not only a domestic concern but being treated as an international problem. Several reports from non-governmental organizations and international affairs literatures regarding the Rohingya issues have been published. Yet, only a few legal publications and the non-governmental organizations (NGOs)’ reports have addressed or touched upon the Rohingya problem regarding the possibility of the crime of genocide and crime against
humanity. 4 None of the legal literature has examined the attempts of the government and the international community to bring justice and accountability to the Rohingya. Therefore, this will be the very first preliminary study on the transitional justice mechanisms of the contemporary conflicts. This paper will explore, examine, analyze, and assess the legal implications of the mechanisms to resolve the Rohingya issue established by both Myanmar in the domestic level and the international community at the international level. This paper argues that despite the number of mechanisms, they are fragmented, overlapping, and have not served sufficient justice and
accountability for the violence against the Rohingya. Therefore, the government of Myanmar should push more effort to address this issue.
The first part of the paper will explore the background of the Rohingya story in terms of both historical and contemporary contexts to address the root causes and figure how conflict evolves through time. The second part will describe both domestic, hybrid, and international
mechanisms dealing with the atrocity against the Rohingya in Myanmar. This will explain how those mechanisms emerge and function. The third part will assess and analyze the impacts of each
mechanisms based on their progress, procedures, and outcomes. This part will also compare and contrast the work of those mechanisms to evaluate the capabilities to probe the ongoing conflict.
The fourth part will juxtapose the existing mechanisms to the other types of mechanisms used elsewhere and will also look at the way forward to bring justice and accountability to Myanmar.
This part will also provide a critical review of the paradox of justice and peace in the Myanmar context and the introduction of the anticipated mechanisms. Lastly, this paper will conclude with
some preliminary observations of the works and studies of those transitional justice mechanisms and will provide some recommendations to enhance the capacity of the mechanisms..."
Source/publisher:
Jutha Saovabha
Date of Publication:
2021-04-25
Date of entry:
2021-05-27
Grouping:
- Individual Documents
Category:
Countries:
Myanmar, Bangladesh
Administrative areas of Burma/Myanmar:
Rakhine State
Language:
English
Local URL:
Format:
pdf
Size:
320.88 KB
Resource Type:
text
Text quality:
- Good