Obstacles to Establishing Security, Freedom and the Rule of Law on Myanmar’s Path to Federalism

Research Publications Paper
Obstacles to Establishing Security, Freedom, and the Rule of Law on Myanmar’s Path to Federalism

Executive Summary

Myanmar people have been striving for peace and stability of the legal system for a long time through political movements, and arms resistance against the military dictatorship regime. Throughout its decades of independence, centralization, inequality, discrimination, and the exclusion of ethnic people from political seats at the government structure have led to civil wars, bad governance, widespread poverty, unstable laws, unequal jurisdictions, and a lack of the rule of law. Following a 2008 statewide constitutional vote, the country’s political system transitioned from a dictatorship to an authoritarian, semi-military form of government. Thein Sein’s government implemented the 2008 constitution during its first term and achieved significant reforms, but it failed to foster a sense of unity among ethnic groups. The National League for Democracy achieved a landslide victory to take majority seats in parliament during the second term of the 2008 constitution. The national peace accord, the anti-corruption mechanism, the foundation of the Committee on Rule of Law and Tranquility, and the establishment of Rule of Law Centers in various locations were among the most notable reformations carried out by the civil government. However, because S. 445 and S. 446 of the Constitution grant immunity to former military dictator leaders, they precluded the application of the law.

IPSJ Assistant