== Some Main Mechanisms for Transitional Justice in Burma ==

By Aung Thiha

What is transitional justice? Before we talk about some main mechanisms for transitional justice for future Burma, we are supposed to know what transitional justice is. It is mainly subject to the human rights abuses in the past. The most important thing is to search for a justice for both victims and perpetrators involved in the past without any bias. Therefore, we are supposed to find appropriate ways to help those who had seriously suffered from human rights abuses in the past. It is also important to handle those who committed the human rights abuses in the past in appropriate ways. We have to find the truth from both victims and perpetrators without taking sides. It is unquestionable that both opposition groups and military generals have hardliners. For instance, U Kyi Maung, who is one of the members of the National League of Democracy (NLD), used to answer the question made by journalists, saying that they were going to establish international military tribunals like the ones in Germany (8th August 1945) and to try military generals who committed the crimes in the past. It was really a threat for the military generals who are afraid of prosecution. As a result, it can lead to internecine circumstances. 

In relation to the transitional justice in Burma, we consider some main mechanisms to create justice in transitional period. First, in advance we have to investigate the details as to the violations of human rights committed by the military regime in the past so as to become aware of when, where and how they happen. The investigation can include individuals or institutions involved in the past human rights abuses. There can be a lot of obstacles or delay in investigating the abuses. We can also get tangible information from the government files, mass graves and testimonies. For instance, we can investigate the abuses by uncovering the mass graves carried out by the Burmese army in the jungle and by identifying the bodies; who they were, how and when they were executed. It will be very helpful for us to do something against the perpetrators during the transitional period. We also have to make sure that we share information collected with the public so that they can help follow the cases. 

Second, regarding to the prosecution we are still undecided whether we are supposed to offer an amnesty to the military generals, or we ought to try them at the international military tribunal like in Germany. Actually, what the military generals fear most is a prosecution. If we prosecute them, the circle of retaliation against each other will not be able to end, but will also delay of transferring political power to the opposition parties or the obstruction of Burma’s political progress. As a consequence, the civilians will be victims again. Furthermore, prosecution against the military generals is irrelevant to the current political situation in Burma. It is not realistic. On the other hand, if we forgive the generals for their abuses and offer an amnesty to them with a view to the development of the country as a whole, it seems to ignore or overlook the people who had suffered from severe human rights abuses in the past. They will not be satisfied with us in power, and we will lack credibility. In some cases, we find it difficult to prosecute the perpetrators because they, at the same time, are both perpetrators and victims (e.g child soldiers who are forcibly recruited by the SPDC). It is not always possible to regard them as criminals. Therefore, both sides are supposed to think about the whole circumstance and try to negotiate the issues for the sake of the whole country and its people rather than focusing on obtaining political power or personal feelings. It is also important to try to reduce grievances being rooted in both sides. Prosecuting the military generals is not a good solution for the group in power in the long term.  

Third, in the transitional period we can also use civil sanction against those who were involved in the human rights abuses in the past. As I already mentioned, by letting people look at the files that include the details of past human rights abuses, they can distinguish the victims and perpetrators. Then, they can prevent anyone who they think were supporters or collaborators in the past human rights abuses from being involved in future political role by means of demonstration. By not allowing the supporters or collaborators involved in the past human rights abuses to be involved in future politics, we also have to show that we respect the dignity of the people and do not overlook or ignore their sufferings from the past. 

Fourth, reparation also creates the justice for those who had suffered from severe human rights abuses in the past. For instance, in Germany the government compens