Myanmar’s Democratic Transition
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doctrine of Responsibility to Protect, the international community is committed to taking collective action to protect populations from serious
crimes such as crimes against humanity and ethnic cleansing if a state fails
to protect its populations.57
With these legal principles in mind, the strategy moving forward could
emphasise ensuring security, upholding rights, and promoting broad-based
economic development in Arakan, all in a nondiscriminatory manner. On
security, segregation of Muslim and Buddhist communities, while arguably
necessary in the short run, is likely to be counterproductive in the medium to
long run. Political, religious, and other community leaders could work jointly
to reduce tensions between groups, through interfaith dialogues, informal procedures to prevent or speedily resolve disputes, promotion of tolerance, and
condemnation of hateful speech or incitement. International assistance could
support police reform that strengthens community policing and riot control,58
as well as increase capacity in the judicial system to quickly and fairly prosecute perpetrators of violence.
Such efforts will help create space for addressing one of the sensitive roots
of conflict in Rakhine State: the longstanding need to resolve the legal status of
the Rohingya community within and outside Myanmar. As recommended by
the Rakhine Investigation Commission, review of citizenship rights must be a
priority, and the government should ‘proceed in line with international agreements.’ Moreover, President Thein Sein has said that peace efforts within the
57
58
of State/Government, ‘ASEAN Declaration on the Elimination of Violence against Women
in the ASEAN Region’ (Jakarta, 30 June 2004); ASEAN Declaration on the Elimination of
Trafficking in Persons, Particularly Women and Children (2004); ASEAN Heads of State/
Government, ‘Ha Noi Declaration on the Enhancement of Welfare and Development of
ASEAN Women and Children’ (Ha Noi, 28 October 2010); Declaration on the Elimination
of Violence against Women and the Elimination of Violence against Children in ASEAN
(Darrasulam, 9 October 2013).
The UN General Assembly agreed upon the Responsibility to Protect doctrine in the
World Summit Outcome Document in 2005. UNGA, ‘2005 World Summit Outcome’ (20
September 2005) UN Doc A/60/L.1, para 139 (affirming that ‘[t]he international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means in accordance with [the UN Charter] to
help protect populations from genocide, war crimes, ethnic cleansing and crimes against
humanity’ and expressing states’ intent to commit themselves to helping other states
‘build capacity to protect their populations from genocide, war crimes, ethnic cleansing
and crimes against humanity and to assisting those which are under stress before crises
and conflict break out’).
International Crisis Group, The Dark Side of Transition (n 21) 22.
tilburg law review 19 (2014) 261-275
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