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

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