Everyday Justice In Myanmar

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.

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

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.

For decades Myanmar has been portrayed as a case of good citizen versus bad regime – men in jackboots maintaining a suffocating rule over a majority Buddhist population beholden to the ideals of non-violence and tolerance. But in recent years this narrative has been upended. In June 2012, violence between Buddhists and Muslims erupted in western Myanmar, pointing to a growing divide between religious communities that before had received little attention from the outside world. Attacks on Muslims soon spread across the country, leaving hundreds dead, entire neighbourhoods turned to rubble, and tens of thousands of Muslims confined to internment camps. This violence, breaking out amid the passage to democracy, was spurred on by monks, pro-democracy activists and even politicians. In this gripping and deeply reported account, Francis Wade explores how the manipulation of identities by an anxious ruling elite has laid the foundations for mass violence, and how, in Myanmar’s case, some of the most respected and articulate voices for democracy have turned on the Muslim population at a time when the majority of citizens are beginning to experience freedoms unseen for half a century.

Builds on micro-level critiques of transitional justice to debate a more comprehensive alternative at the level of theory and practice.

How to address the human rights violations of previous regimes and past periods of conflict is one of the most pressing questions facing governments and policy makers today. New democracies and states in the fragile post-conflict peace-settlement phase are confronted by the need to make crucial decisions about whether to hold perpetrators of human rights violations accountable for their actions and, if so, how to best achieve that end. This is the first book to examine the ways in which states and societies in the Asia-Pacific region have navigated these difficult waters. Drawing together several of the world's leading experts on transitional justice with Asia-Pacific regional and country specialists it provides an overview of the processes and practices of transitional justice in the region as well as detailed analysis of the cases of Cambodia, Sri Lanka, Aceh, Indonesia, South Korea, the Solomon Islands and East Timor.