Seeking Accountability for Ending Impunity in Burma/Myanmar: A Special Focus on the Plight of Rohingyas

This paper explores the pathways to sustainable peace in Burma by examining the relevant legal and societal dimensions, focusing on the interplay between law, society and the state. The research employs a problem-based doctrinal methodology, supported by empirical and comparative methods, to assess the impact of laws on society, particularly within the frameworks of legal realism and socio-legal research.

The primary objective of this study is to address fundamental human rights issues, such as the rights to liberty, life, and security, and their intricate relationship with the rule of law. It analyses the dynamics of liberalism, which underpin the concept of liberty, and its intersection with the rights to life and security. The research emphasizes that liberty is meaningful only when robust protections for life and security are in place under a democratic constitution that upholds the rule of law.

The scope of “Law and Society” and “Law and State” is critically examined through Hans Kelsen’s theory that law stems from norms, which are essentially acts of will prescribing specific behaviors. This theoretical framework is crucial for understanding how legal norms influence societal and state structures, particularly in the context of Burma’s ethnic nationalities and their aspirations for federalism, confederation, or independence.

A significant portion of the paper is dedicated to the plight of the Rohingya in Rakhine State, analyzing their citizenship crisis, historical context, and the evolving legal framework. The study underscores the severe human rights violations suffered by the Rohingya and stresses the importance of accountability for past atrocities to establish a foundation for the rule of law and sustainable peace.

The report’s findings suggest that for Burma to achieve lasting peace, it must address underlying legal and societal issues. This includes recognizing the importance of self-determination for ethnic groups, ensuring the protection of fundamental human rights, and fostering a legal environment that supports justice and accountability.

Ultimately, the paper advocates for a holistic approach to peacebuilding in Burma, integrating legal reforms, socio-political considerations, and active measures to hold perpetrators of human rights violations accountable. It affirms that only through such comprehensive efforts can sustainable peace and stability be achieved in the region.