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

2019-06-13 Political Science
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Release : 2019-06-13
Genre : Political Science
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Book Rating : 857/5 ( reviews)

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Book Synopsis The Significance of Everyday Access to Justice in Myanmar’s Transition to Democracy by : Helene Maria Kyed

Download or read book The Significance of Everyday Access to Justice in Myanmar’s Transition to Democracy written by Helene Maria Kyed. This book was released on 2019-06-13. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Everyday Justice in Myanmar

2020 History
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Release : 2020
Genre : History
Kind : eBook
Book Rating : 816/5 ( reviews)

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Book Synopsis Everyday Justice in Myanmar by : Helene Maria Kyed

Download or read book Everyday Justice in Myanmar written by Helene Maria Kyed. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Myanmar Transformed?

2018 Burma
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Release : 2018
Genre : Burma
Kind : eBook
Book Rating : 551/5 ( reviews)

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Book Synopsis Myanmar Transformed? by : Chit Win

Download or read book Myanmar Transformed? written by Chit Win. This book was released on 2018. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Role of Lawyers in Access to Justice

2022-10-06 Law
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Release : 2022-10-06
Genre : Law
Kind : eBook
Book Rating : 454/5 ( reviews)

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Book Synopsis The Role of Lawyers in Access to Justice by : Helena Whalen-Bridge

Download or read book The Role of Lawyers in Access to Justice written by Helena Whalen-Bridge. This book was released on 2022-10-06. Available in PDF, EPUB and Kindle. Book excerpt: Includes papers presented as a conference in SIngapore in 2017.--ECIP acknowledgments.

Can Myanmar's NLD Government Undo the Gordian Knot of Federalism and Ethnicity?

2016 Burma
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Release : 2016
Genre : Burma
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Book Rating : 120/5 ( reviews)

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Book Synopsis Can Myanmar's NLD Government Undo the Gordian Knot of Federalism and Ethnicity? by : Robert H. Taylor

Download or read book Can Myanmar's NLD Government Undo the Gordian Knot of Federalism and Ethnicity? written by Robert H. Taylor. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Daw Aung San Suu Kyi has said that peace is the first priority of the National League for Democracy (NLD) when it comes to power in April 2016. Both her remarks at the Union Peace Conference in January and the NLD election manifesto point to ethnicity and federalism being linked. This is a position similar to that taken by the outgoing Thein Sein government and the army. Now that the word "federalism" is accepted as useful in the debate over how to establish an end to Myanmar's persistent civil wars with ethnically designated armed groups, it was hoped that some meeting of minds might take place. But as revealed at the Union Peace Conference, that is yet to have happened. Rather, spokespersons for the ethnic armed groups continue to speak the language of ethnic rights and a federal army, while the government talks about reaching material and administrative agreements and the army insists that there can only be one army. These debates echo the past, going back to the formation of Myanmar in the late 1940s. In order to break the apparently endless debate about federalism, ethnicity, states and divisions in the Union of Myanmar, perhaps a new approach might be considered -- taking federalism a step further to the seventy-four district levels of administration. As the ethnically designated armed groups operate in relatively small and localized areas, a solution that squares the circle between ethnicity and territory might have appeal

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