Border News Agency
Mrauk-U, April 30.
In Arakan, ULA/AA spokesperson Khine Thu Kha stated on April 25, 2025, that the person who died after being accused of gold theft had been under detention since December 10, 2024.
Given that the person died after being detained for over five months, this contradicts the ULA/AA’s claimed legal practices. According to criminal procedure law, a detainee should only be held for a maximum of 30 days without charges. Detaining someone beyond this period without filing charges clearly indicates shortcomings in their legal practices.
In connection with this case, ULA/AA’s HDCO department head, U Twan Morn Naing, posted on his social media, stating, “If the case is closed according to the law and the suspects are released, would the family of the missing gold be satisfied after reporting that gold worth millions of kyats has been stolen? I don’t know if they will voice out.”
This post suggests that, in the case of closing the investigation into the death, the identity of the individuals suffering from the stolen gold, amounting to hundreds of thousands of kyats, was likely to be protected.
Consequently, due to the involvement of civilian and military authorities in the investigation process, the DLEPS department faced difficulties and challenges in upholding legal responsibilities during the criminal investigation, as previously mentioned.
Therefore, it raises the question of whether the process of reporting the suffering of the Arakan people is functioning effectively. The Arakan Revolutionary Government has set up Facebook and Telegram accounts under the name “Justice 4 Arakan” to allow the public to report their grievances.
These platforms are understood to be channels where the suffering of the Arakan people can be reported, and they facilitate contact with the relevant departments for assistance.
The question remains: Is this department truly functioning effectively? There needs to be an investigation into the extent of its authority and impact.
According to some Arakan residents, although they report issues related to legal matters and administrative affairs, including land disputes, they claim that the response and follow-up are inadequate.
Furthermore, internet and phone access in Arakan is extremely limited, with only a few individuals receiving special permission. In this context, online reporting systems may not be truly effective, especially when there is little to no reliable access for most people.
This situation highlights a significant challenge that the Arakan Revolutionary Government must address to ensure the proper functioning of grievance reporting and support systems for the people.
The Arakan Revolutionary Government must ensure that the judicial system is transparent and accountable, establishing a fully responsible and effective judiciary. This requires a careful evaluation from a close and realistic perspective, identifying the necessary improvements and making efforts to build and strengthen the system accordingly.
Who is responsible for carrying out the judicial system?
In the areas controlled by the Arakan Army, the Arakan Revolutionary Government carries out administrative, judicial, and police functions.
In the area of law enforcement, the Department of Law Enforcement and Public Security (DLEPS) has been established to handle public security matters.
Most locals are familiar with the police department, which is structured from the local police station level to township, district, and regional police commanders, up to the chief of police. Police training schools have been established to carry out police activities.
The chief of police of the Arakan Revolutionary Government is a former senior police officer from the previous government, known for his expertise in police operations, police codes of conduct, and law enforcement regulations.
However, the lower-level police officers under the Department of Law Enforcement and Public Security (DLEPS), who are handling current cases in Arakan, face difficulties due to their limited experience, the need for better legal expertise, and the lack of necessary equipment and technology. These challenges create obstacles and limitations in effectively handling criminal cases.
In cases such as violent crimes, thorough forensic investigations, methods like fingerprinting in theft cases, and blood analysis in homicide investigations require advanced techniques and equipment. These shortcomings need to be openly acknowledged, and investigations should be conducted with the necessary resources and modern tools.
Members of the DLEPS should undergo training in public service, follow the basic guidelines for criminal investigations, and adhere to proper standards, especially in high-profile cases. Furthermore, coordination between civilian and military authorities must follow established protocols.
Civilian and military authorities should also ensure that pressure is not unduly placed on individuals during investigations, setting appropriate measures to protect the integrity of the process.
The judicial system in Arakan is structured with district courts, township courts, and regional courts, up to the highest court, to carry out judicial processes.
The Arakan Revolutionary Government’s judiciary is led by a legal expert who has experience in defending the rights of the accused and has been involved in combat for those rights.
This leadership is expected to improve the enforcement of the rights of those not yet formally charged with crimes, particularly in the investigation and prosecution of criminal activities.
However, the judicial laws and regulations being implemented within the Arakan Revolutionary Government’s system, as well as the police protocols, have not been formally or officially published.
In the process of implementing the judicial system, the Arakan Revolutionary Government has stated that they have adopted and are using laws from the British colonial era that are deemed relevant and applicable.
The current rules and regulations are being followed based on this framework. Additionally, rather than abolishing the criminal law practices and other existing laws used in Myanmar, only those that are deemed appropriate have been retained and are being applied. This was confirmed by the spokesperson of ULA/AA, Khine Thu Kha, during a press briefing on April 5, 2022.
Based on the implementation of the judicial and legal systems in Arakan, it can be concluded that British-era laws, such as the Penal Code, Criminal Procedure Code, and Evidence Act, are primarily being followed.
However, it remains uncertain whether the British-influenced administrative laws, including those concerning land and governance, are fully adhered to in their current form. There seems to be ambiguity regarding the complete adoption of the British legal system, especially in administrative matters.
However, it is important to note that the political and legal landscape has undergone significant changes since then.
When the British colonized Myanmar, they began implementing the British legal system in regions like Rakhine and Tanintharyi. Even after Japan took control and replaced British authority, they continued using the British legal framework in their administrative and governance structures.
In 1948, when Myanmar gained independence from British rule, these legal systems remained in place and continued to be followed. Despite these historical influences, the present-day legal system in Myanmar has evolved and may not fully reflect the practices from the British colonial period.
Throughout the periods of the Colonial Era, the Revolutionary Council, and the Myanmar Socialist Programme Party era, many of the laws that were originally implemented continued to be followed, despite some being incompatible with the current systems and times.
These legal frameworks, though outdated, were largely retained and applied in various judicial decisions, orders, and proceedings.
This practice was continued even as political structures evolved, and legal systems adapted to changing conditions, maintaining continuity with the past legal heritage.
In addition, although the Arakan People’s Revolutionary Government has appointed individuals to the highest positions in civilian administration, such as district chiefs, political officers, and administrative heads, the general public in Arakan is largely unaware of the specific laws, qualifications, or criteria that define these roles.
Furthermore, the responsibilities and duties associated with these positions remain unclear to the majority of the people in the region.
As a result of these circumstances, the Arakan People’s Revolutionary Government has faced increasing questions and discussions from the general public in Arakan, as well as from the wider Myanmar population and the international community.
The interim governance legal framework is necessary
Since the beginning of the final decisive battle on November 13, 2023, the fighting has now surpassed one year, with the end of April 25, 2025, marking over a year of conflict.
During this period of military operations, including the area of Paletwa, fifteen townships were fully attacked and captured, and the Arakan People’s Revolutionary Government has been established and operating effectively.
As the Arakan Army leads both the revolution and the nation-building efforts simultaneously, the Arakan People’s Revolutionary Government faces significant challenges in the current interim governance period.
Particularly, the shortage of qualified human resources and the lack of an interim governance law or interim constitution that ensures the protection of the people’s interests make it essential to establish such legal frameworks for effective governance.
The interim law draft must clearly define the fundamental principles, rights, policies, and laws to be followed in accordance with the new constitution of Arakan. It should ensure that laws and procedures are in place to guarantee equal protection and responsibilities for every individual, regardless of color, ethnicity, religion, gender, wealth, social status, or position.
The interim law should provide equal treatment for all citizens under the law, ensuring their rights are protected and responsibilities are outlined. Furthermore, the Arakan People’s Government must take steps to inform the public of these provisions, ensuring transparency and awareness among the people.
In addition, the interim law draft should address key issues such as the right to restitution for the lives, homes, land, and property lost by citizens during the conflict. It must also include provisions for holding accountable those responsible for committing crimes during the conflict.
These matters are crucial and should be carefully considered and incorporated into the interim legal framework to ensure justice and recovery for the affected citizens.
Although it remains a draft, the interim legal framework must recognize and enshrine key judicial rights such as equality before the law, non-discrimination, mutual respect, and the presumption of innocence.
Furthermore, it is essential to include recognition and protection of the rights of ethnic groups. In other words, the Arakan Revolutionary Government holds the responsibility to ensure that the drafting of the interim legal framework reflects a comprehensive, inclusive approach that considers multiple perspectives and dimensions.
The recent land ownership dispute over Silt island that circulated online represents just one example among many complex land issues in Arakan. Therefore, it is essential for the interim constitutional framework to include and clearly define a comprehensive land policy for Arakan to prevent future disputes and ensure fair land governance.
Furthermore, in recent years, the increasing occurrence of natural disasters on an annual basis highlights the importance of effective disaster prevention and response measures.
In ensuring that the people experience fair and equal justice, it is crucial to uphold the principle of the Rule of Law, especially in the sectors of administration and judiciary, where impartiality and independence must be guaranteed.
Even within the draft interim constitution, although the Arakan Army may serve as the highest leadership authority, all individuals must be treated equally before the law, without favoritism or political bias. Personal status or political power must not be allowed to influence or interfere with the judiciary.
During the interim period of judicial administration, all legal decisions must be based solely on legal grounds and verified evidence. Accusations based on personal bias or prejudice must be avoided.
Only then will all citizens of Arakan place greater trust and importance in the rule of law and judicial system.
Additionally, the public must be granted the right to open and transparent hearings, along with the right to access information.
By implementing such measures, it can help reduce one-sided arrests and unilateral hearings, as well as minimize instances of unlawful detentions.
It is also essential to acknowledge the role of the fourth estate media, and civil society organizations — in monitoring the judiciary and ensuring that decisions and judgments are not made without legal fairness. The Arakan People’s Revolutionary Government must provide legal protection for platforms where the voices of the people can be heard.
Only then can a fair and impartial judicial system emerge during the interim period.
The Arakan Revolutionary Government has been implementing its own judicial system in parallel with the junta’s judiciary since 2021.
As a result, during the ULA/AA press conference held on March 5, 2022, it was stated that a total of 1,846 cases had been submitted to the judiciary department — 1,991 civil cases and 1,205 criminal cases had been addressed, while 811 criminal cases and 1,117 civil cases remained unresolved.
However, the general public in Arakan is still largely unaware of the Arakan judicial laws, and few have read or studied them.
Not only ordinary citizens but also some lawyers working under the Arakan Revolutionary Government have never read or encountered the Arakan judicial laws, including the related laws governing the judiciary. It has been found that there has been no dissemination or sharing of these laws.
In comparison, the Arakan Revolutionary Government, which lacks effective territorial control, contrasts with the Karenni region, where the Karenni Interim Parliament passed the Karenni Interim Judiciary Law under Karenni Interim Parliament Law No. 2/2023 on December 5, 2023.
This law was promulgated for the public to learn and understand. In contrast to this announcement, the Arakan judiciary lacks the transparency and accountability fundamental to a fair judicial system. This issue, therefore, remains an area that needs to be swiftly addressed and improved.
The Arakan Revolutionary Government must have clear legal accuracy regarding which laws, regulations, and directives it continues to follow or has discontinued, in comparison to the laws, regulations, and directives of the military junta government.
Only in this way can individual citizens who suffer injustices, if they wish to seek redress within the legal framework, clearly state their grievances in accordance with their legal rights. Therefore, it is an essential point that the people’s rights be fully implemented.
Furthermore, although it is known that there is a land management authority in place, most of the general public, including those working in the legal sector such as lawyers serving the Arakan Revolutionary Government, are unaware of or have never seen, read, or understood the land laws or land-related procedures of the Arakan Revolutionary Government.
As a result, ensuring equal access to justice and making the laws governing the rule of law known to the people remains a significant challenge. This is particularly important for the public to understand their rights and legal frameworks for land ownership.
It is necessary for the law not to be one that oppresses the people
The Arakan People’s Revolutionary Government must be cautious and avoid a system where laws protect the interests of the authorities and their actions. If the law, including policies such as nepotism, is used solely for the benefit of a select group, it becomes a law that oppresses the people.
If the legal system is used to remove those with differing political views, restrict the freedom of expression, and prioritize decisions that benefit the interests of the authorities, such a system will lead to instability in the region. It will also cause the public to lose trust in the rule of law.
In particular, the lack of justice, absence of equality, diminished accountability, and weakened checks and balances further undermine the legal system.
To approach matters with fairness and impartiality
In the context of the Arakan region, special attention must be paid to ensuring that the influence of populists and strong nationalist forces is applied appropriately and proportionately, without excessive control over necessary areas.
On the other hand, some populists and nationalists tend to attack critics of the Arakan People’s Revolutionary Government and often discredit those who question the justice system, viewing them as threats to their own interests.
Furthermore, during the transitional period, when certain needs remain unmet, there is a tendency to carry out unlawful actions and treat critics as enemies for pointing them out.
Restrictions on civil society organizations that monitor the rule of law, local-based media outlets, and journalists contribute to the spread of misinformation among the public and further erode the foundation of the rule of law.
If the Arakan People’s Government aims to establish an independent judiciary, it must first build a system that ensures transparency.
It is necessary to officially publish transitional justice mechanisms, accept criticism and suggestions, and strengthen the legal institutions with adequate human resources.
On the one hand, the Arakan People’s Revolutionary Government must strive to ensure that the law is not just words on paper, but a respected and compassionate system that genuinely protects all citizens.
Only then will diverse communities be more willing to actively participate in the nation-building efforts of the Arakan People’s Revolutionary Government.
It is also essential that the law not be used merely as rhetoric or a tool of oppression, but be properly implemented in ways that uphold justice and fairness.
In the future of Arakan, where people of diverse ethnicities and religions live together, it is especially important for the Arakan People’s Revolutionary Government to genuinely and comprehensively uphold the rule of law in order to protect the lives, homes, and property of all citizens, and to build a new, inclusive, and well-governed state.
