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181. Myanmar: Justice sector reform must include local dispute resolution

Author:
Helene Maria Kyed
Publication Date:
03-2017
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
In Myanmar, ordinary citizens prefer to have crimes and disputes resolved within their village or neighborhood. There is a clear preference for avoiding conflict escalation, rather than punishing perpetrators. The official courts are seen as places to avoid whenever possible. They are mistrusted, associated with high costs, and many feel intimidated by them due to fear of authority and formality. Reforming the official judiciary is important in Myanmar, but even if the courts functioned according to international standards, there would still be a demand for local forms of dispute resolution focused on reconciliation and negotiated settlements. This is due to culturally and religiously informed perceptions of problems and injustices, related to shame, fate and Buddhist beliefs in past life deeds. This policy brief by Helene Maria Kyed argues that any support to justice sector reform in Myanmar should include already existing local dispute resolution mechanisms and take local perceptions of justice serious, rather than alone focus on the official judiciary and international rule of law principles. It is important to base programming on inclusive dialogues about justice at the local level, and invest in building trust and gaining context-specific knowledge.
Topic:
Conflict Resolution, Ethnic Conflict, and International Affairs
Political Geography:
Myanmar

182. Myanmar: Justice sector reform must include local dispute resolution

Author:
Helene Maria Kyed
Publication Date:
03-2017
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
In Myanmar, ordinary citizens prefer to have crimes and disputes resolved within their village or neighborhood. There is a clear preference for avoiding conflict escalation, rather than punishing perpetrators. The official courts are seen as places to avoid whenever possible. They are mistrusted, associated with high costs, and many feel intimidated by them due to fear of authority and formality. Reforming the official judiciary is important in Myanmar, but even if the courts functioned according to international standards, there would still be a demand for local forms of dispute resolution focused on reconciliation and negotiated settlements. This is due to culturally and religiously informed perceptions of problems and injustices, related to shame, fate and Buddhist beliefs in past life deeds. This policy brief by Helene Maria Kyed argues that any support to justice sector reform in Myanmar should include already existing local dispute resolution mechanisms and take local perceptions of justice serious, rather than alone focus on the official judiciary and international rule of law principles. It is important to base programming on inclusive dialogues about justice at the local level, and invest in building trust and gaining context-specific knowledge.
Topic:
Human Rights and International Security
Political Geography:
Myanmar

183. Impact of Forcibly Displaced Myanmar Nationals (FDMN) Influx on Host Community

Author:
Tanvir Shatil and Md Shakil Ahmed
Publication Date:
11-2017
Content Type:
Working Paper
Institution:
BRAC Institute of Governance and Development (BIGD), Brac University
Abstract:
The Rohingya refugee crisis is not a new phenomenon in Bangladesh, it has been a contentious issue that has strained Myanmar-Bangladesh relations since the late 1970s. In recent times, after 25 August 2017, the crisis became a big concern, the huge influx of Forcibly Displaced Myanmar Nationals (FDMN) have fled violence and human rights violations. The latest influx has increased the number of Rohingya population living in the camps of Cox’s Bazar from one million to three million. This incident has made the situation the fastest growing ‘refugee’ crisis in the world with the highest concentration. Moreover, poverty prone local host areas have been largely affected by the Rohingya crisis. This study intended to recognise the impact of the crisis on the daily life of local host community people. In this study FDMN-makeshift, adjacent host community was in focus for realizing the severity of the impact. Apart from the host community perception, the present situation of the FDMN community was also taken into consideration due to capturing a holistic notion of the impact that was created by the new arrivals. A qualitative driven mixed-methods approach was adopted to investigate the situation. The study showed that the influx created multi-dimensional impacts on the socioeconomic, socio-cultural and political aspect of daily life of the host community. There were huge negative impacts of the influx on the local environment and agricultural operations. The insight of the findings give us a vivid understanding about the context of the humanitarian crisis (FDMN influx) and its impact on the host community. The findings of the study not only help to realise the severity of the FDMN crisis but also urge to take some programmatic initiatives targeting both host and FDMN communities.
Topic:
Poverty, Refugee Crisis, Displacement, and Rohingya
Political Geography:
Bangladesh, Southeast Asia, and Myanmar

184. Need Assessment of the Forcibly Displaced Myanmar Nationals

Author:
Tanvir Shatil, Polin Kumar Saha, and Atiya Rahman
Publication Date:
08-2017
Content Type:
Working Paper
Institution:
BRAC Institute of Governance and Development (BIGD), Brac University
Abstract:
There has been a continued influx of the ‘Forcibly Displaced Myanmar Nationals’ (FDMN) across the border of Bangladesh and Myanmar since 25 August 2017. As a consequence, the large numbers of people (FDMN) have unexpectedly taken shelter in Bangladesh. Along with 307,500 Rohingya refugees now total 822, 500 FDMNs are living in various makeshift, unregistered and registered settlements of Cox’s Bazar in Bangladesh. So, it is realized that Bangladesh has been facing a severe challenge in providing food, shelter and protection assistance to these shelters. Till date, FDMN influx is underway and the new arrivals have little or no access to food, shelter, safe drinking water and healthcare. In response to the crisis, this study has been designed in aiming to reach standard humanitarian services to the FDMN people. Broadly, the assessment of the study is to understand the priority needs of the new arrivals and make a recommendation to mobilize resources and interventions. To observe and conduct the interviews of the targeted people, an assessment team has visited six makeshift camps of Cox’s Bazar district including, Unchiprang, Hakimpara, Kutupalong, Kutupalong extension, Balikhali 1, and Thankhali. Altogether, age and gender disaggregated 18 FGDs are conducted in seven days with more than 250 participants. In addition to FGD, the team conducts individual interviews with FDMN peoples and host communities. As an outcome of the study, the ongoing or prospective humanitarian responses have been resulted upon on the existing scenarios of fundamental needs (e.g. shelter, health, water, sanitation and hygiene (WASH), food, Non-Food Item (NFI), and child protection) to the FDMN, including possible solution in relief distribution and strategic directions to overcome the challenges.
Topic:
Humanitarian Aid, Refugees, Displacement, and Rohingya
Political Geography:
Southeast Asia and Myanmar

185. Women’s Peacebuilding Strategies Amidst Conflict: Lessons from Myanmar and Ukraine

Author:
Roslyn Warren, Anne Applebaum, Holly Fuhrman, and Briana Mawby
Publication Date:
01-2017
Content Type:
Special Report
Institution:
Georgetown Institute for Women, Peace and Security (GIWPS)
Abstract:
In both Myanmar and Ukraine, broad-based and inclusive peace is still a work in progress. Amidst these challenges, women are developing effective strategies to participate in peace and security mechanisms and to advance women’s rights. Based on field interviews with civil society leaders and government officials in Myanmar and Ukraine and a review of the literature, this study examines how women are building peace amidst ongoing conflicts. The study finds that, in both countries, women use a variety of strategies to advance peace and security. While national plans and formal peace processes have had mixed results for women, alternative steps – notably including informal relationships and utilizing other international frameworks and norms – can be highly effective for advancing women’s interests. Several findings emerge that have broader relevance for policymakers and practitioners seeking to advance women’s rights amidst ongoing conflict: Women can leverage regional and international standards and norms to advocate for women’s rights and peace. This is evident in Myanmar, where women promote frameworks such as CEDAW, UNSCR 1325, and the Beijing Platform for Action. In Ukraine, women additionally promote standards in line with EU gender equality policies as a way for peace process stakeholders to improve their international reputation.
Topic:
Security, Women, Conflict, and Peacebuilding
Political Geography:
Europe, Ukraine, Southeast Asia, and Myanmar

186. Uneven Humanitarianism: Abandoned Refugees along the Thai-Myanmar Border

Author:
Tani Sebro
Publication Date:
12-2016
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
This essay considers the case of uneven humanitarian aid distribution along the Thai-Myanmar border, where forcibly displaced migrants from Myanmar have been abandoned by the UNHCR and international humanitarian organizations. Based upon long-term ethnographic fieldwork along the Thai-Myanmar border amongst Tai migrants from the Shan State in Myanmar, I attend to the effects of the inequitable distribution of rights and privileges in an international humanitarian system that is predicated on the neoliberal logic of uneven development. After two centuries of British colonial occupation and later Burman authoritarian rule, the ethnic minority groups along the Thai-Myanmar border are now facing another crisis – that of abandonment as NGOs search for new and more pressing humanitarian disasters elsewhere. The essay addresses a concept I call uneven humanitarianism as a neocolonial condition for peoples living in the Thai-Myanmar borderlands by specifically focusing on Tai peoples who are living in unofficial refugee camps that lost foreign funding in 2017. I argue that the ad hoc treatment and eventual abandonment of these vulnerable groups – that are currently in the midst of the world’s most protracted civil war and displacement situation – constitutes a failure of the “responsibility to protect” humanitarian project.
Topic:
Refugees, Displacement, NGOs, and Humanitarian Crisis
Political Geography:
Asia, Thailand, Southeast Asia, and Myanmar

187. Burma Votes for Change: The Challenges Ahead

Author:
Igor Blazevic
Publication Date:
04-2016
Content Type:
Journal Article
Journal:
Journal of Democracy
Institution:
National Endowment for Democracy
Abstract:
Aung San Suu Kyi’s National League for Democracy’s sweeping victory in Burma’s November 2015 elections and the military’s acquiescence in allowing the NLD to take the reins of power have justly been described as remarkable and historic milestones. Yet a number of unresolved critical issues still loom. The aspirations of the people of Burma and of the newly elected democratic forces are still seriously constrained by the constitution imposed by the military, by Burman Buddhist nationalism, by entrenched oligarchic interests, and by tough structural conditions. The biggest challenge of all: Burma is a “robustly” plural and deeply divided society. Without political consensus about the nature of the state among key stakeholders, including all significant ethnic and religious groups, the military will not withdraw from politics, the transition to civilian rule will not happen, peace will remain elusive, and Burma’s democratization will stagnate. Burma’s transition can succeed and serve as an example of a “hard-case” country that successfully democratizes despite lacking favorable structural conditions. Yet it is important to understand just how fragile and unsettled the whole process still is.
Topic:
Nationalism, Authoritarianism, Elections, Democracy, and Military Government
Political Geography:
Asia, Burma, Southeast Asia, and Myanmar

188. Political parties and peacebuilding

Author:
Clare Castillejo
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
International peacebuilding actors have so far been wary of engagement with political parties. However, there is growing recognition of the importance of working with local political systems, institutions and parties in the promotion of peace. It is therefore important that international actors strengthen their understanding of political parties in conflict-affected contexts and how such parties relate to conflict and peacebuilding, as well as examine how best to deepen engagement with them. This report examines the nature of political parties in conflict-affected contexts and the challenges such parties face in becoming effective actors for peace. It analyses three cases – Sri Lanka, Nepal and Myanmar – where parties have played very different roles in relation to both the grievances and struggles that have fuelled conflict, and efforts to build and sustain peace. It then discusses how lessons from these cases can inform the work of international peacebuilding actors. Finally, the report examines the track record of the international community in working with political parties in conflict-affected contexts. It argues that international actors must move beyond “blueprint” approaches to party support and instead develop more comprehensive and context-relevant responses to the specific challenges that such parties face. There is growing awareness among international peacebuilding and statebuilding actors of the importance of engaging more effectively with political processes and structures in conflict-affected and post-conflict states. Although political parties are frequently at the centre of such processes and structures, international actors have generally been wary of working with them beyond limited capacity-building activities, seeing this as a sensitive and high-risk area. Political parties can help build peace. However, they can also fuel antagonism, grievance and conflict. If international peacebuilding and statebuilding actors are serious about working more effectively with local politics, it is essential that they strengthen their understanding of political parties and the roles they play in relation to conflict and peacebuilding, as well as rethink how best to engage with them.
Topic:
Peacekeeping, Local, State Building, and Political Parties
Political Geography:
Asia, Sri Lanka, Nepal, and Myanmar

189. Myanmar’s Peace Process: Getting to a Political Dialogue

Author:
International Crisis Group
Publication Date:
10-2016
Content Type:
Special Report
Institution:
International Crisis Group
Abstract:
The current government term may be the best chance for a negotiated political settlement to almost 70 years of armed conflict that has devastated the lives of minority communities and held back Myanmar as a whole. Aung San Suu Kyi and her admin istration have made the peace process a top priority. While the previous government did the same, she has a number of advantages, such as her domestic political stature, huge election mandate and strong international backing, including qualified support on the issue from China. These contributed to participation by nearly all armed groups – something the former government had been unable to achieve – in the Panglong- 21 peace conference that commenced on 31 August. But if real progress is to be made, both the government and armed groups need to adjust their approach so they can start a substantive political dialogue as soon as possible.
Topic:
Peace Studies, Peacekeeping, and Geopolitics
Political Geography:
Burma and Myanmar

190. Financial Reforms in Myanmar and Japan's Engagement

Author:
Tomoo Kikuch and Takehiro Masumoto
Publication Date:
11-2016
Content Type:
Working Paper
Institution:
Economic Research Institute for ASEAN and East Asia (ERIA)
Abstract:
Since 2011, under the Thein Sein government, Myanmar has started to build financial institutions almost from scratch. Japan has played a leading role in this transition, writing off debt, opening the Yangon Stock Exchange, vying for the entry of Japanese banks, and laying out finance-related laws. As in other Southeast Asian countries, Myanmar's oligopolistic economic structure and colonial past present considerable challenges. There is a rich literature on the relationship between well-functioning financial institutions and economic growth, but the causality of this relationship remains inconclusive. This paper examines the preconditions for financial institutions to be a vehicle for Myanmar's development.
Topic:
International Trade and Finance, Finance, and Financial Markets
Political Geography:
Japan and Myanmar