Global Justice Center Blog

Making Justice for Burma a Reality

Written by Phyu Phyu Sann, GJC Burma Researcher

I am part of a generation of people from Burma who grew up dreaming of and longing for justice. A generation that continues to be victimized by terrible acts of mass atrocities carried out by our own ruling regime. Extrajudicial killings, torture, and forced labor are prevalent; rape and sexual abuse by the military are rampant; and more than 200,000 civilians were forcibly displaced in the east. In regions where armed conflict is ongoing, villagers have been used as human minesweepers and the forcible conscription of child soldiers is widespread.

More that 2,100 of my fellow country women and men who dedicated their lives to the ideals of justice and democracy are now languishing in remote prison labor camps far from their homes, in atrocious conditions, enduring mental and physical torture and summary executions at the hands of the military.

When I was inside Burma, the widespread repression and atrocities made me feel desperate and hopeless – that we were on our own and no one could help us to end this circle of impunity. As part of the Global Justice Center team working to uphold international commitments to the rule of law and enforce the people of Burma’s rights to criminal accountability, my sense of desperation has changed to one of hope. The international legal tools exist to give the people of Burma justice, and the GJC is working tirelessly to see that this happens.

This fall, the military regime will entrench its power permanently through elections that will trigger the full implementation of a criminal Constitution that codifies the military control over the government. What’s more, this Constitution gives the military amnesty for the crimes it is committing against its people and ensures that no civilian judge can ever hold a member of the military accountable.

This aggressive and deliberate act by the military to enshrine impunity as a “right” is a serious breach of peremptory norms striking at the heart of Burma’s obligations under the Genocide and Geneva Conventions, customary international law, and UN resolutions on women, peace and security and the use of sexual violence in conflict.

The Global Justice Center refuses to let the Burmese junta continuously thwart the international justice system.

We are preparing a draft Security Council Resolution declaring the Burma 2008 Constitution and any elections arising therefrom null and void, as it did with the South African apartheid Constitution in 1984. The pivotal precedent set by UN Security Council Resolution 554 on South Africa provides a framework for addressing analogous constitutions and election processes that entrench repressive regimes. In the upcoming months we are seeking avenues to bring this resolution before the Security Council and asking the global community to respect its commitment to international justice by joining us in calling for a referral of the situation in Burma to the International Criminal Court.

If the elections in Burma take place this fall, the threat that Burma poses to global peace and security will continue to escalate. This is our opportunity to show the world’s dictators that global rule of law will not be flouted.

The dream of justice for the people of Burma – one that I held onto my entire life – must become a reality.

Read a speech by GJC President Janet Benshoof on advances in international law to end impunity in Burma here.

Tags: Constitutions, Sexual Violence & Rape, Individual Criminal Accountability, Rule of Law, Democracy, Burma, Torture