Description:
Executive Summary:
"As a result of decades of ongoing civil war, large areas of Myanmar remain outside government rule,
or are subject to mixed control and governance by the government and an array of ethnic armed actors
(EAAs). These included ethnic armed organizations (EAOs), with ceasefires or in conflict with the state,
as well as state-backed ethnic paramilitary organizations, such as the Border Guard Forces (BGFs) and
People?s Militia Forces (PMFs). Despite this seeming recipe for chaos, there is a startling level of order
in most of these areas. This order has been created in large part through customary justice mechanisms
at the community level, and as a result of justice systems administered by EAAs, and in some cases by
ethnic paramilitary organizations. In EAO-controlled areas, their justice systems are often the only
formal structures present, while in mixed-control areas, government and EAA justice systems exist
separately, but side by side.
The village, and village-based justice mechanisms, are the glue that provides stability and order for
most civilians in these areas. Often reliant on a long tradition of customary law and practices, village
heads and village justice committees handle civil disputes and petty crimes ? the bulk of justice issues
in these areas. EAAs have built their justice systems on top of the village structures, relying on them to
handle most justice issues, while requiring more serious crimes to be handled in EAO courts, which are
also available for appeals from the village level.
On paper, at least, EAA justice systems are hierarchical, allowing for referral up the chain from village
tract to township to district to the center. These structures, often backed by official procedures, also
provide for the assignment of progressively more serious cases and progressively more severe
punishments at each level. Judicial procedures differ between organizations, with some following a
more formal model while other systems are more rudimentary. In practice, there may be variation
from established procedures due to the ebb and flow of conflict, the capacity of an organization in a
given area, or the personal connections of an individual to members of an EAA.
Internal security for most EAOs is provided by their regular soldiers and militia they establish at the
local level. These formations commonly function as arresting agencies as well as jailers. A few EAOs
have established police forces dedicated to preserving public order among the populace. Criminal
investigations are usually conducted by EAO administrative authorities, except in the case of the Karen
National Union (KNU), which has a police force authorized for this.
Village customary justice and EAA justice structures have continued to maintain order in EAA areas
through periods of conflict and ceasefire. Without the EAA justice systems and the stabilizing effect of
village customary justice structures, this order and stability would have been far less likely.
1
In many
areas of Myanmar where EAAs operate, the central government has only ever had tenuous control, if
any control at all. The ability of EAOs to maintain order and a degree of justice in turn contributes to
their legitimacy among the population they claim to represent in areas they control, in mixed-control
areas, and often to some degree in government-control areas adjacent to conflict zones where
members of the group?s ethnic base also reside.
The rule of law and the workings of Myanmar?s justice system are receiving increasing attention, while
the role and structure of EAO justice systems and village justice remain relatively little studied or
understood. The continuity and stability of village justice systems provide the bedrock on which official
justice systems ? the government?s and the EAOs? ? are built, and thus are important to maintaining
order and stability across the country. The fact that EAO justice systems operate in parallel with that of
the government in large areas of the country, and provide the only means of justice for large portions
of the population, should indicate their importance for the peace process as well as for the future
governance of Myanmar"
Source/publisher:
Asia Foundation
Date of Publication:
2016-10-00
Date of entry:
2016-11-23
Grouping:
- Individual Documents
Category:
Language:
English
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Format:
pdf
Size:
1.87 MB