The Significance Of Everyday Access To Justice In Myanmars Transition To Democracy
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| Author | : Helene Maria Kyed |
| Publisher | : ISEAS-Yusof Ishak Institute |
| Total Pages | : 32 |
| Release | : 2019-06-13 |
| Genre | : Political Science |
| ISBN | : 9814843857 |
Legal pluralism in Myanmar is a reality that is not sufficiently recognized. A lack of recognition of and clear mandates for the informal justice providers, along with the absence of coordination between these providers and the judiciary, present critical challenges to local dispute resolution and informal legal systems. This results in a high level of unpredictability and insecurity concerning the justice outcomes and in the underreporting of cases. The lack of jurisdictional clarity represents an even greater challenge in areas of mixed control and where numerous armed actors are present. Discussion of reform of the justice sector in Myanmar and debates surrounding peace negotiations and the role of the ethnic armed groups in service provision are separated. This situation reinforces the divide between ceasefire areas and the rest of the country and raises concern that the improvement of justice systems will leave conflict-affected populations behind. Recognition of and support for community-based dispute resolution are crucial to reducing the escalation of conflict at the local level. Justice systems like those of ethnic armed groups can contribute significantly to stability and order at times when the official system has limited territorial reach and is mistrusted by civilians.
| Author | : Chit Win |
| Publisher | : |
| Total Pages | : 333 |
| Release | : 2018 |
| Genre | : Burma |
| ISBN | : 9789814818551 |
The triumph of Aung San Suu Kyi's National League for Democracy at the 2015 election was supposed to mark the consolidation of a reformist trajectory for Myanmar society. What has followed has not proved so straightforward. This book takes stock of the mutations, continuities and fractures at the heart of today's political and economic transformations. We ask: What has changed under a democratically elected government? Where are the obstacles to reform? And is there scope to foster a more prosperous and inclusive Myanmar? With the peace process faltering, over 1 million people displaced by recent violence, and ongoing army dominance in key areas of decision-making, the chapters in this volume identify areas of possible reform within the constraints of Myanmar's hybrid civil-military governance arrangements. This latest volume in the Myanmar Update Series from the Australian National University continues a long tradition of intense, critical engagement with political, economic and social questions in one of Southeast Asia's most complicated countries. At a time of great uncertainty and anxiety, the 13 chapters of Myanmar Transformed? offer new and alternative ways to understand Myanmar and its people.
| Author | : Helena Whalen-Bridge |
| Publisher | : Cambridge University Press |
| Total Pages | : 391 |
| Release | : 2022-10-06 |
| Genre | : Law |
| ISBN | : 1316517454 |
Includes papers presented as a conference in SIngapore in 2017.--ECIP acknowledgments.
| Author | : Helene Maria Kyed |
| Publisher | : Nordic Institute of Asian Studies |
| Total Pages | : 0 |
| Release | : 2020 |
| Genre | : History |
| ISBN | : 9788776942816 |
This volume explores how ordinary people in present-day Myanmar obtain justice and resolve disputes and crimes in a time of contested transition in government, politics, society, and the economy. Its empirical questions serve as a lens to analyze the wider dynamics of state making, the role of identity politics, and the constitution of authority in a country emerging from decades of military rule and civil war. Based on a unique collection of ethnographic studies with ordinary people's experiences to the fore, its contributions illustrate that legal pluralism exists in urban as well as rural contexts: from the cities of Yangon and Mawlamyine to the Naga hills, the Pa-O self-administered zone, the Thai refugee camps, and villages in the Karen and Mon states. In all of these places, the official state system is only one among many avenues for people seeking resolution in criminal and civil cases. Indeed, a common practice is to evade the state whenever possible. Most people prefer local and informal resolutions, and therefore the main actors consulted in everyday justice are village elders, local administrators, religious leaders, spiritual actors, and the justice systems or individual members of ethnic organizations. Prevailing are also a range of alternative understandings of (in)justice, misfortunes, and disputes that differ from those of the state-legal system. These alternatives are based on different cultural norms, religious beliefs, and forms of identification. Despite the ongoing transition in Myanmar, the long history of military rule and conflicts based on ethnic divisions continue to foster a mistrust in the state and an orientation towards 'the local' in everyday justice. The book explores these forms of state evasion and what it means more broadly for state-society relations in the current transition.
| Author | : Manzoor Hasan |
| Publisher | : Taylor & Francis |
| Total Pages | : 178 |
| Release | : 2022-12-30 |
| Genre | : Law |
| ISBN | : 1000822192 |
This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar’s myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountability. This timely contribution will be of interest to academics, researchers, development practitioners, and human rights organizations.
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 282 |
| Release | : 2020-11-24 |
| Genre | : |
| ISBN | : 9264532978 |
Only six years sets this second OECD Investment Policy Reviews: Myanmar apart from the first review published in 2014, but much progress has occurred in investment policies and related areas in Myanmar in the interim. Nonetheless, the reform momentum needs to be sustained and deepened for the benefits of recent investment climate reforms to be shared widely and for growth to be environmentally sustainable, ultimately contributing toward the Sustainable Development Goals (SDGs).
| Author | : D S Ranjit Singh |
| Publisher | : ISEAS-Yusof Ishak Institute |
| Total Pages | : 260 |
| Release | : 2019-11-26 |
| Genre | : Political Science |
| ISBN | : 9814843644 |
In 2002, ASEAN made history when two of its founder members—Indonesia and Malaysia—amicably settled a dispute over the ownership of the two Bornean islands of Sipadan and Ligitan by accepting the jurisdiction of the International Court of Justice (ICJ) which ruled in favour of Malaysia. The case at once assumed great significance as a beacon of hope for the region which is plagued by numerous disruptive territorial disputes. As both the historical evidence and legal milieu are vital considerations for the ICJ to award sovereignty, this book covers in detail the historical roots of the issue as well as the law dimension pertaining to the process of legal proceedings and the ICJ deliberations. The work concludes by offering a set of guidelines on cardinal principles of international law for successfully supporting a claim to disputed territories. These may be usefully utilized by interested parties. “An invaluable account of the dispute between Malaysia and Indonesia over the Sipadan and Ligitan Islands. Written skilfully by a historian who is in clear command of the facts. Highly recommended for anyone who wishes to understand border disputes in Southeast Asia.”—Professor James Chin, Director, Asia Institute, University of Tasmania
| Author | : Ingrid Jordt |
| Publisher | : ISEAS-Yusof Ishak Institute |
| Total Pages | : 44 |
| Release | : 2021-05-12 |
| Genre | : Political Science |
| ISBN | : 9814951749 |
On 1 February 2021, under the command of General Min Aung Hlaing, Myanmar’s military initiated a coup, apparently drawing to a close Myanmar’s ten-year experiment with democratic rule. State Counsellor Aung San Suu Kyi and President Win Myint were arrested along with other elected officials. Mass protests against the coup ensued, led by Gen Z youths who shaped a values-based democratic revolutionary movement that in character is anti-military regime, anti-China influence, anti-authoritarian, anti-racist, and anti-sexist. Women and minorities have been at the forefront, organizing protests, shaping campaigns, and engaging sectors of society that in the past had been relegated to the periphery of national politics. The protests were broadcast to local and international audiences through social media. Simultaneously, a civil disobedience movement (CDM) arose in the shape of a massive strike mostly led by civil servants. CDM is non-violent and acephalous, a broad “society against the state” movement too large and diffuse for the military to target and dismantle. Semi-autonomous administrative zones in the name of Pa-a-pha or civil administrative organizations emerged out of spontaneously organized neighbourhood watches at the ward and village levels, effectively forming a parallel governance system to the military state. Anti-coup protests moved decisively away from calls for the release of Aung San Suu Kyi and other elected political leaders, or for a return to democracy under the 2008 constitution. Instead, it evolved towards greater inclusivity of all Myanmar peoples in pursuit of a more robust federal democracy. A group of fifteen elected parliamentarians, representing the ideals of Gen Z youths, formed a shadow government called the Committee Representing the Pyidaungsu Hluttaw (CRPH) on 5 February 2021. On 1 March the CRPH declared the military governing body, the State Administrative Council (SAC), a “terrorist group”, and on 31 March, it declared the military’s 2008 constitution abolished. Gen Z’s protests have accomplished what has been elusive to prior generations of anti-regime movements and uprisings. They have severed the Bamar Buddhist nationalist narrative that has gripped state society relations and the military’s ideological control over the political landscape, substituting for it an inclusive democratic ideology.
| Author | : Andrew Ong |
| Publisher | : Cornell University Press |
| Total Pages | : 174 |
| Release | : 2023-06-15 |
| Genre | : Social Science |
| ISBN | : 1501769154 |
Stalemate reveals the history and contemporary politics of the United Wa State Army (UWSA), Asia's strongest insurgent army on Myanmar's border with China. This ethnographic tale recounts how a highland group, often dismissed as rebels or narcotraffickers, maintains a relational autonomy between two powerful lowland states. The Wa polity engages rather than evades these surrounding states, yet struggles to fit into their registers of sovereignty and statehood. Andrew Ong examines political culture among Wa elites and people, UWSA external relations, and capital flows with neighboring China, showing how Wa autonomy is enacted through careful navigation of complex borderland geopolitics and the shadow economy. He analyzes the seeming stalemate between the Myanmar state and the UWSA as one of tactical dissonance—adopting simultaneous postures of authority and subordination and creating disruptions and connections. Stalemate illuminates how seemingly ambiguous and disorderly practices of political signaling, economic regulation, and military governance produce relative stability, challenging our assumptions about state-like processes at the peripheries.
| Author | : Vivien Hart |
| Publisher | : |
| Total Pages | : 12 |
| Release | : 2003 |
| Genre | : Constitutional law |
| ISBN | : |
