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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.
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.
Abstract: Review: Helene Maria Kyed (ed.): Everyday Justice in Myanmar: Informal Resolutions and State Evasion in a Time of Contested Transition. NIAS studies in Asian topics, Vol. 71. Copenhagen: Nordic Institute of Asian Studies 2020. ISBN 978-87769-4281-6
Provides rich ethnographic analysis and offers a critical ethnographic approach to justice.
A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.
Fifty Years in the Karen Revolution in Burma is about commitment to an ideal, individual survival and the universality of the human experience. A memoir of two tenacious souls, it sheds light on why Burma/Myanmar's decades-long pursuit for a peaceful and democratic future has been elusive. Simply put, the aspirations of Burma's ethnic nationalities for self-determination within a genuine federal union runs counter to the idea of a unitary state orchestrated and run by the dominant majority Burmans, or Bamar. This seemingly intractable dilemma of opposing visions for Burma is personified in the story of Saw Ralph and Naw Sheera, two prominent ethnic Karen leaders who lived—and eventually left—"the Longest War," leaving the reader with insights on the cultural, social, and political challenges facing other non-Burman ethnic nationalities. Fifty Years in the Karen Revolution in Burma is also about the ordinariness and universality of the challenges increasingly faced by diaspora communities around the world today. Saw Ralph and Naw Sheera's day to day lives—how they fell in love, married, had children—while trying to survive in a precarious war zone—and how they had to adapt to their new lives as refugees and immigrants in Australia will resound with many.
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
This is the first book to provide an overview of the processes and practices of transitional justice in the Asia-Pacific region.
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.
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.