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21. Set the Torturers Free: Transitional Justice and Peace vs Justice Dilemma in Burma/Myanmar

Author:
Michal Lubina
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
Burma/Myanmar seems to be a perfect ground for transitional justice with both long-failed transitions to democracy that seemed to succeed in 2015 finally and smouldering civil war taking place there since 1948 (since the 1990s limited to Borderlands). Unfortu- nately, the political realities in Burma/Myanmar make it unlikely, if not impossible, for tran- sitional justice to be applicable in Burma/Myanmar. The victorious in 2015 elections demo- cratic opposition party, National League for Democracy (NLD) came to power thanks to the political deal with the former military government and is consequently being forced to co- habitate politically with the army that still holds critical political checks over the government. It made NLD’s leader, Aung San Suu Kyi to conduct moderate domestic policy without trying to charge the generals for their former crimes. In this circumstances, transitional justice is unwanted by mainstream political actors (NLD, the army) and seen as threatening to peace by many in the Myanmar society. This approach firmly places Burma/Myanmar on one side of the ‘peace vs justice’ dilemma. It answers the “torturer problem”, one of the central problems of transitional justice – how to deal with members of the previous regime which violated human rights – in ‘old fashion’ way, by granting them full amnesty. As such Burma/Myanmar case also falsifies an optimistic claim that transitional justice is necessary for political reforms.
Topic:
Torture, Reform, Transitional Justice, and Peace
Political Geography:
Asia, Burma, and Myanmar

22. Land Acquisition in India: A Review of Supreme Court Cases (1950-2016)

Author:
Namita Wahi, Ankit Bhatia, Pallav Shukla, Dhruva Gandhi, Shubham Jain, and Upasana Chauhan
Publication Date:
03-2017
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Context: India faces serious challenges in creating development processes that generate economic growth while being socially inclusive, ecologically sustainable, politically feasible, and in accordance with the Rule of Law. Equitable and efficient acquisition of land by the state for economic development projects, including infrastructure and industry, lies at the heart of these challenges. Simultaneously, securing constitutionally guaranteed land rights to the poorest and most vulnerable communities in India against the state and other dominant communities, has been considered crucial to their economic and social empowerment. Land is not only an important economic resource and source of livelihoods, it is also central to community identity, history and culture. Unsurprisingly then, throughout India, dispute over state acquisition of land that deprives people of their land rights spans various dimensions of economic, social, and political life. How do we mitigate this conflict? The CPR Land Rights Initiative report on ‘Land Acquisition in India: A Review of Supreme Court cases from 1950-2016’, offers some preliminary answers to this question. Not only is this report the first comprehensive country-wide study of land acquisition disputes since India's independence, but also for the first time ever analyses these disputes along various metrics, such as i) public purpose, ii) procedure for acquisition, iii) compensation, iv) invocation of the urgency clause, v) pendency of claims, and vi) tracks trends with respect to distribution of disputes across geography and time, and central and state laws. The Report also analyses litigation under the newly enacted Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) for the three year period, 2014 to 2016. A detailed presentation of the findings from the report can be accessed here. Key findings: Reasons for inequity between state and land losers: The Report concludes that the political and social contestation over land acquisition stems from the inherently coercive nature of the land acquisition process, which creates a severe imbalance of power between the state and land losers. While much of this imbalance was created by the text of the Land Acquisition Act, 1894, a considerable part of it could also be attributed to executive non-compliance with the rule of law. The result is a situation of great inequity for the land losers. Legal reform under the LARR Act should be implemented by government, not subverted to redress these inequities: The Report finds that specific provisions of the LARR Act are steps in the right direction to redress the imbalance of power that was built into the Land Acquisition Act, 1894 in so far as: i) they empower livelihood losers along with title-holders to bring claims for compensation and rehabilitation, ii) bring compensation requirements in accordance with existing reality, and iii) introduce requirements of consent and social impact assessment. The Report shows that litigation helps channelise political contestation of state action into legal as opposed to extra legal disputes. Therefore, by empowering hitherto disempowered land losers to bring claims under the LARR Act, the Act will help preempt extra-legal conflict. Since conflict inevitably stalls or derails legitimate development projects, it is in the interest of the government to comply with, and not subvert the LARR Act. Legal reforms must be supplemented by administrative and bureaucratic reforms: The Report highlights that legal reform is a necessary but not a sufficient precondition for ensuring greater equity and efficiency within the land acquisition process. In the absence of administrative and bureaucratic reforms, the introduction of the LARR Act will not succeed in eliminating inequities and inefficiencies embedded within the implementation of existing land acquisition procedures. In fact, the increase in procedural requirements under the LARR Act implies an even greater need for securing executive compliance with the rule of law, in order to translate the equities intended by these additional procedures into reality for land losers. Types of administrative reforms required: Such administrative reforms include building of state capacity to meaningfully comply with the increased procedural requirements stipulated by the LARR Act, and designing institutional structures that incentivise such compliance with the rule of law. This, in turn, requires a serious mind-set shift within the government toward accepting the reform enshrined in the LARR Act, and not subverting it as we have seen in both the LARR Ordinance, and the state amendments to the LARR Act, as also the rules adopted to implement the LARR Act in the states.
Topic:
History, Reform, Economic growth, Land Law, Courts, Supreme Court, Rule of Law, and Land Rights
Political Geography:
South Asia, India, and Asia

23. Many Belts and Many Roads: The Proliferation of Infrastructure Initiatives in Asia

Author:
Justyna Szczudlik
Publication Date:
02-2016
Content Type:
Policy Brief
Institution:
The Polish Institute of International Affairs
Abstract:
Asia could be described as the world’s great construction site, and is already the focus of a scramble for infrastructure projects. Among countries competing for investments are not only China with its Silk Road initiative, but also Korea, Japan, India and ASEAN, which have prepared their own infrastructural strategies. The plethora of initiatives may have a positive impact on Asia, offering diverse solutions to the infrastructural bottleneck and reforms of existing institutions and modes of assistance. But there is also the risk that fierce competition may result in unprofitable projects, while economic slowdown could cause a decline in funding. For Europe these initiatives create opportunities to take part in new projects, but the EU should be aware that the projects will be implemented mainly in Asia and by Asian countries.
Topic:
Economics, International Trade and Finance, Infrastructure, and Reform
Political Geography:
Asia

24. Political Economy Of Distribution Reforms In Indian Electricity

Author:
Ashwini K. Swain
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Despite sustained efforts to reform the sector, electricity distribution in India remains amidst complex problems, manifested in the form of loss-making distribution utilities, poor quality of service, governance ambiguities, and absence of basic data. The current wave of reforms seeks to turnaround the sector’s performance by transforming the generation mix, strengthening the network infrastructure, ensuring universal access and better consumer experience, and financial revival of discoms. While policy signals from the centre appear to be promising and ambitious, given the past records, execution of these reform plans at the state level is uncertain. Against this backdrop, the paper analyses the distribution reform initiated from the centre and the role played by the central government in shaping ideas and stimulating change at the state level. Looking into various diagnoses of the challenges and subsequent reform initiatives, the paper seeks to explain the political economy of successive reform attempts and their outcomes. It also identifies gaps in the current wave of reforms and raises questions for further exploration.
Topic:
Energy Policy, Political Economy, Infrastructure, Governance, Reform, and Electricity
Political Geography:
South Asia, India, and Asia

25. Indradhanush-Banking Sector Reforms

Author:
Rajiv Kumar, Geetima Das Krishna, and Ankit Bhardwaj
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indradhanush framework with its seven pronged plan was unveiled by Finance Minister Mr Arun Jaitley on 14th August 2015 for revamping Public Sector Banks (PSBs) of India. In this paper, we look at the deteriorating profitability, asset quality, capital position of PSBs along with previous bank recapitalisation expenditure of the government. The seven reform initiatives in Indradhanush are compared with Nayak Committee recommendations. We summarise that Indradhanush does not propose any ground-breaking reforms for the PSBs. Re-capitalisation or infusion of capital into PSBs is its central theme. This opens up a debate on whether the capital infusion is adequate for all banks. Given various constraints for the government, we feel Indradhanush is definitely the step in the right direction. It does incorporate some of the initiatives mentioned in Nayak Committee report but does not fully embrace the essence of the bold Nayak recommendations. PSBs accounting for 70 percent of the banking system and saddled with high NPAs will be an impediment to growth unless the government acts fast to revamp this sector.
Topic:
Government, Reform, Finance, and Banks
Political Geography:
South Asia, India, and Asia

26. Agrarian reform and the difficult road to peace in the Philippine countryside

Author:
Danilo Carranza
Publication Date:
09-2016
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Agrarian reform and conflict in the rural areas of the Philippines are closely intertwined. The weak government implementation of the Comprehensive Agrarian Reform Programme, inherent loopholes in the law, strong landowner resistance, weak farmers’ organisations, and the continuing espousal by the New People’s Army of its own agrarian revolution combine to make the government’s agrarian reform programme only partially successful in breaking up land monopolies. This is why poverty is still pronounced in many rural areas. The rise of an agrarian reform movement has significantly contributed to the partial success of the government’s agrarian reform programme. But the government has not been able to tap the full potential of this movement to push for faster and more meaningful agrarian reform. The agrarian reform dynamics between pro- and anti-agrarian reform actors create social tensions that often lead to violence, of which land-rights claimants are often the victims. This is exacerbated and in many ways encouraged by the government’s failure to fulfil its obligation to protect the basic human rights of land-rights claimants. This report outlines the pace and direction of agrarian reform in the Philippines and its role in fighting poverty and promoting peace in rural areas. It emphasises the importance of reform-oriented peasant movements and more effective government implementation to the success of agrarian reform. The report also asserts the need for the government and the armed left to respect human rights and international humanitarian law in promoting the full participation of land-rights claimants in shaping and crafting public policy around land rights.
Topic:
Agriculture, Poverty, Reform, and Peace
Political Geography:
Asia and Philippines

27. Economic Policy Reforms in South Asia: An Overview and the Remaining Agenda

Author:
Pradumna B. Rana and Wai-Mun Chia
Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies (NTS)
Abstract:
In the past few years, the pace of economic growth in South Asia has slowed considerably for two reasons: unfavourable global economic environment and the slowing pace of economic reforms that once were the key drivers of the region’s dynamic economic performance and resilience. This paper focuses on the latter and following Rana (2011) and Rana and Hamid (1995), it argues that South Asian countries have not sequenced their reforms properly. The first round of reforms in South Asia that began in the 1980s and the early 1990s focused on macroeconomic reforms — monetary, fiscal, and exchange rate management, as well as reducing rigid government controls — which led to private sector driven economic growth. These should have been followed by the more microeconomic reforms — sectoral and the so-called “second generation” reforms to strengthen governance and institutions — to sustain the higher growth levels. But they were not and reforms ran out of steam because of, among others, lack of law and order, and corruption in the public sector. This paper finds a significant “governance gap” in South Asia that refers to how South Asia lags behind East Asia in terms of various governance indicators and how within South Asia some countries are ahead of others. The paper argues that in order to revive economic growth, South Asian countries must implement microeconomic reforms: it identifies the remaining policy agenda for each South Asian country. However, implementation of microeconomic reforms poses a difficult challenge as they require a wider consensus and political support and have a longer term focus. The recent election of Prime Minister Narendra Modi in India with a strong mandate for economic reform provides an environment of “cautious optimism” for all of South Asia.
Topic:
Governance, Reform, Global Political Economy, and Economic Development
Political Geography:
South Asia, India, and Asia

28. Kyrgyzstan: An Uncertain Trajectory

Publication Date:
09-2015
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Kyrgyzstan, Central Asia’s only even nominal parliamentary democracy, faces growing internal and external security challenges. Deep ethnic tensions, increased radicalisation in the region, uncertainty in Afghanistan and the possibility of a chaotic political succession in Uzbekistan are all likely to have serious repercussions for its stability. The risks are exacerbated by leadership failure to address major economic and political problems, including corruption and excessive Kyrgyz nationalism. Poverty is high, social services are in decline, and the economy depends on remittances from labour migrants. Few expect the 4 October parliamentary elections to deliver a reformist government. If the violent upheavals to which the state is vulnerable come to pass, instability could spread to regional neighbours, each of which has its own serious internal problems. The broader international community – not just the European Union (EU) and the U.S., but also Russia and China, should recognise the danger and proactively press the government to address the country’s domestic issues with a sense of urgency.
Topic:
Security, Politics, Governance, and Reform
Political Geography:
Asia and Kyrgyzstan

29. The Financial Sector and Growth in Emerging Asian Economies

Author:
William R. Cline
Publication Date:
03-2015
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics
Abstract:
The financial sectors in Asian emerging-market economies are now relatively unlikely to provoke new financial crises, either because of reforms after the East Asian financial crisis in the later 1990s or because of the dominance of state-owned banks not subject to bank runs. Financial intermediation is surprisingly high and is consistent with higher rates of saving and investment and hence growth in the main economies of the region (as compared to, say, counterparts in Latin America). Nonetheless, there are sharply diverging patterns (e.g., high foreign ownership of banks in Korea versus minimal presence in China) and differing national structures (bank dominated, portfolio oriented, and diversified) within Asia. Cline recommends establishing long-term plans to improve efficiency in state-owned banks or reduce their dominance and pursuing bank capitalization targets at least as ambitious as those of Basel III. Cline also calls for ensuring adequate regulation of growing nonbank intermediaries, reversing a recent trend toward national barriers to foreign banks in some economies, and improving the legal security of bank regulators.
Topic:
Economics, Emerging Markets, Financial Crisis, and Reform
Political Geography:
Asia

30. Reforming the Liability Regime for Air Pollution in India

Author:
Shibani Ghosh
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
Topic:
Environment, Health, Governance, Law Enforcement, Law, Reform, and Pollution
Political Geography:
South Asia, India, and Asia