Everyday Justice in Myanmar

Everyday Justice in Myanmar
Author: Helene Maria Kyed
Publisher: Nordic Institute of Asian Studies
Total Pages: 0
Release: 2020
Genre: History
ISBN: 9788776942816

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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.

The Significance of Everyday Access to Justice in Myanmar’s Transition to Democracy

The Significance of Everyday Access to Justice in Myanmar’s Transition to Democracy
Author: Helene Maria Kyed
Publisher: ISEAS-Yusof Ishak Institute
Total Pages: 32
Release: 2019-06-13
Genre: Political Science
ISBN: 9814843857

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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.

Book Review: Helene Maria Kyed (ed.): Everyday Justice in Myanmar - Informal Resolutions and State Evasion in a Time of Contested Transition

Book Review: Helene Maria Kyed (ed.): Everyday Justice in Myanmar - Informal Resolutions and State Evasion in a Time of Contested Transition
Author: Ganesan Narayanan
Publisher:
Total Pages: 0
Release: 2021
Genre:
ISBN:

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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

The Hidden History of Burma: Race, Capitalism, and the Crisis of Democracy in the 21st Century

The Hidden History of Burma: Race, Capitalism, and the Crisis of Democracy in the 21st Century
Author: Thant Myint-U
Publisher: W. W. Norton & Company
Total Pages: 304
Release: 2019-11-12
Genre: History
ISBN: 1324003308

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How did one of the world’s "buzzy hotspots" (Fodor’s 2013) become one of the top ten places to avoid (Fodor’s 2018)? Precariously positioned between China and India, Burma’s population has suffered dictatorship, natural disaster, and the dark legacies of colonial rule. But when decades of military dictatorship finally ended and internationally beloved Nobel laureate Aung San Suu Kyi emerged from long years of house arrest, hopes soared. World leaders such as Barack Obama ushered in waves of international support. Progress seemed inevitable. As historian, former diplomat, and presidential advisor, Thant Myint-U saw the cracks forming. In this insider’s diagnosis of a country at a breaking point, he dissects how a singularly predatory economic system, fast-rising inequality, disintegrating state institutions, the impact of new social media, the rise of China next door, climate change, and deep-seated feelings around race, religion, and national identity all came together to challenge the incipient democracy. Interracial violence soared and a horrific exodus of hundreds of thousands of Rohingya refugees fixed international attention. Myint-U explains how and why this happened, and details an unsettling prognosis for the future. Burma is today a fragile stage for nearly all the world’s problems. Are democracy and an economy that genuinely serves all its people possible in Burma? In clear and urgent prose, Myint-U explores this question—a concern not just for the Burmese but for the rest of the world—warning of the possible collapse of this nation of 55 million while suggesting a fresh agenda for change.

Opposing the Rule of Law

Opposing the Rule of Law
Author: Nick Cheesman
Publisher: Cambridge University Press
Total Pages: 337
Release: 2015-03-12
Genre: History
ISBN: 1107083184

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A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.

Teaching for Peace and Social Justice in Myanmar

Teaching for Peace and Social Justice in Myanmar
Author: Mary Shepard Wong
Publisher: Bloomsbury Publishing
Total Pages: 265
Release: 2022-06-02
Genre: Education
ISBN: 1350184098

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Bringing together scholars and educators based in Myanmar, the USA, the UK, Denmark, and Thailand, this book presents new perspectives and research on the struggle for social justice and peace in Myanmar at this critical juncture. It shows how actors from diverse backgrounds and regions of Myanmar are drawing from their identities, evoking their agency, and using critical pedagogy to advance social justice and peace. The chapters provide the compelling life stories of the authors, specific examples of what they are doing, and insights of how their work might be applied to other contexts. The topics discussed include addressing structural violence, peace curriculum development, identity-based conflict, teaching the history of the country, promoting inclusion, civic education, critical pedagogy, teacher agency, and agendas of research funding for peacebuilding. The foreword and afterword, written by well-known scholars of Myanmar, address the relevance and importance of the book vis-a-vis the current social and political crisis following the February 2021 military coup.

Fifty Years in the Karen Revolution in Burma

Fifty Years in the Karen Revolution in Burma
Author: Ralph
Publisher: Cornell University Press
Total Pages: 236
Release: 2020-02-15
Genre: History
ISBN: 1501746960

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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.

From Transitional to Transformative Justice

From Transitional to Transformative Justice
Author: Paul Gready
Publisher: Cambridge University Press
Total Pages: 345
Release: 2019-02-21
Genre: Political Science
ISBN: 1108668577

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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.

Transitional Justice in the Asia-Pacific

Transitional Justice in the Asia-Pacific
Author: Renee Jeffery
Publisher: Cambridge University Press
Total Pages: 325
Release: 2014
Genre: Law
ISBN: 110704037X

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This is the first book to provide an overview of the processes and practices of transitional justice in the Asia-Pacific region.

Myanmar Transformed?

Myanmar Transformed?
Author: Chit Win
Publisher:
Total Pages: 333
Release: 2018
Genre: Burma
ISBN: 9789814818551

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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.