Border News Agency
Mrauk-U, June 10
The judicial system of the Arakan People’s Revolutionary Government needs to be reformed with greater transparency and accountability for the benefit of the people of Arakan, according to local residents and Arakanese lawyers.
After the Arakan Army seized control of most towns in the ongoing war as part of its final offensive, significant changes were made to the judicial system in Arakan, including the re-establishment of courts and the delegation of judicial authority, according to Arakanese lawyers.
However, Arakanese lawyers say that even practicing lawyers in the region were not given access to information about these changes. They claim that details about the reforms could only be learned through personal connections and informal inquiries with judges under the Arakan People’s Revolutionary Government.
“When we were working under the Myanmar government’s judicial system, we were able to stay informed in real-time because official announcements regarding legal matters were publicly released. This allowed us to adjust and prepare accordingly for case filings. But now, in a situation where communication systems within our region are not fully functional, we’re forced to rely on verbal instructions from court officials, which we then try to follow as best as we can. Currently, there are no clear or straightforward procedures regarding legal representation. It’s unacceptable that even lawyers who handle people’s legal matters on their behalf are left unaware of judicial changes. If lawyers themselves are not informed, how can ordinary citizens be expected to understand the legal processes?” said a lawyer currently working on cases in Arakan’s courts.
In the final phase of the war, the Arakan Army has taken full control of 15 townships, including Paletwa, and the Arakan People’s Revolutionary Government is now implementing its administrative mechanisms in those areas.
As a result, judicial authority is being decentralized: township-level courts are authorized to handle cases involving disputes below 100 million kyats, while district or regional-level courts are permitted to adjudicate cases involving amounts above 100 million kyats, according to Arakanese lawyers.
However, Arakanese lawyers say that more needs to be done to ensure transparency, accountability, and clarity in the implementation of legal reforms, especially for independent legal practitioners.
“In some areas, due to the local administrative or territorial conditions, the courts do not function strictly at the township level. We, as lawyers, are still unaware of the exact scope of criminal and judicial authority these courts hold. In many cases, we only learn about their jurisdiction when a case is brought to us,” said another Arakanese lawyer.
Since judicial systems around the world are built on principles of transparency, accountability, and responsibility, Arakanese citizens and lawyers say such values still need to be strengthened and implemented within Arakan’s judicial system.
They also point out that while many of the regional and central-level judges currently serving in Arakan’s judiciary were once practicing lawyers themselves, they often show a lack of respect and recognition toward independent lawyers operating outside the system.
Therefore, the role of lawyers in Arakan’s judicial system remains limited and underrecognized, according to Arakanese citizens and lawyers. They emphasize that meaningful reforms are urgently needed to ensure greater public trust and recognition of the judicial system, and to strengthen the legitimacy of Arakan’s justice system in the eyes of its people.
In judicial processes, there are both administrative and adjudicative aspects. In the past – even during the post-1990 military regimes – changes related to judicial offices, regional restructurings, and modifications in the criminal and civil jurisdiction of judges were publicly announced in a transparent manner.
Legal associations and bar councils were even granted access to official copies of such notices.
However, in Arakan’s judicial system, the essential Bar and Bench checks and balances have broken down. There are reports of interference and undue influence by the Arakan Army, and outsiders who are not part of the judicial process are openly discussing legal cases and judicial matters on social media platforms, according to Arakanese citizens and lawyers.
Therefore, Arakanese citizens and lawyers emphasize the urgent need for the Arakan People’s Revolutionary Government to carry out reforms and build a judicial system that is responsible, accountable, and well-functioning.
