ADVISORY COMMISSION ON RAKHINE STATE
ACCESS TO JUSTICE
All communities appear to believe that improvements in the rule-of-law are
crucial for the state’s positive development, and to prevent future intercommunal conflict. Yet, access to formal judicial mechanisms is limited,
and public trust in the judiciary is low within all communities. During its
consultation process, the Commission received numerous complaints about
the Government’s inability to enforce the law, and the prevalence of corrupt
practices within the state’s justice system. Abuse of authority seems to be
pervasive, and local communities – both Rakhine and Muslim – are frequently
faced by arbitrary conduct by officials. Such complaints seem to be particularly
frequent in areas controlled by the BGP.
To mitigate the lack of a fair and well-functioning judiciary, the overwhelming
majority of disputes are currently handled through local and informal
mechanisms – typically involving community leaders, local administrators
and religious leaders. In IDP camps, dispute resolution often involves
representatives of the Camp Management Committees, which themselves
are frequently accused of corruption. Within all communities, public
understanding of the law is negligible because successive governments
have generally failed to educate local communities about their rights. While
most government officials seem to want to increase legal awareness, there
are many obstacles – including a lack of capacity and funding.
Recommendations:
72. The Government of Myanmar should provide adequate training to
members of Rakhine’s judiciary, including on: Rule-of-law principles;
fair trial and due process; accountability and transparency; mediation
principles; gender sensitivity and gender equality; and international
standards related to the judiciary.
73. The Government should facilitate the establishment of a rule-of-law
centre in Sittwe, and provide its staff with full and unimpeded
access to all parts of the state. This centre should provide training
to members of the judiciary (see above), and carry out legal awareness
campaigns to increase public understanding of the law.
74. The Government should make the following public:
○
Information on how administrative decisions are made, and
which government agency is responsible.
56 Towards a Peaceful, Fair and Prosperous Future for the People of Rakhine