Impunity Research Papers - Academia.edu (original) (raw)

Since independence from Britain in 1948, Myanmar has been the subject of a paradox, given that, if on the one hand it is one of the countries most war-torn by persistent internal conflicts, on the other it is among the least studied in the Asian region. Only recently, following ethnic cleansing and genocide perpetrated by the armed forces (Tatmadaw) against the Rohingya population, it has gained greater attention. However, despite the scant regard, there are several peculiarities that make the case of Myanmar interesting. The three attempts at democratic transition that have occurred, provide an evidence of the intricacy of the scenario. Following the failure of the first two initiatives, between the end of the 90s and the beginning of the 2000s, there has been a series of changes, both in the domestic and international scenario, which have contributed to the development of a fertile soil for the emergence of a new democratic transition, still ongoing. The latter, in this dissertation, is analyzed by adapting the top-down transformation model proposed by Huntington, in order to highlight the major and most significant challenges which mark the country. After finding that the political, economic and social scene in Myanmar is dominated by the Tatmadaw, and that its influence strongly casts doubt on the stability of the regime, the present research intends to answer the following question: in the specific context of Myanmar, can transitional justice take on a functional role for democratic consolidation? Put differently: is the recognition of past crimes and abuses committed by the Tatmadaw able to undermine the power and influence of the anti-democratic forces, and to foster collaboration of the democratic ones, in a renewed atmosphere of dialogue? Can this support be enhanced by the introduction of broader spectrum Security Sector Reform (SSR) initiatives? If so, to what extent is this capable of having a positive impact able to unfreeze the intricate peace process? Thanks to the review of several works of the main analysts in the country, and with the contribution of some interviews conducted in the period September 2019-February 2020, there are three conclusions this work reaches. First, it is claimed that Myanmar's incomplete transition, which has led to the emergence of a hybrid regime, is currently stalled, mainly due to the connivance between the old military elite and the new civilian elite, which prevents the evolution of the process. Secondly, it is argued that transitional justice and SSR measures are capable of promoting the entry into force of the rule of law, a cornerstone of democratic systems, the strengthening of which would contribute to country's stabilization. Finally, in light of the specific nature of the Myanmar context emerged from the analysis of some transitional justice case studies, the need to act at the micro level is emphasized, by means of measures suitable for grasping the rooted grievances and systematic violations. Only at a later stage, it will be possible to broaden the intervention framework, since otherwise, these manoeuvres would represent a source of instability and further conflict for the country.