Impediments to a human rights-based approach to heritage conservation: the case of Bagan,Myanmar

The recognition of human rights at stake in and around World Heritage sites has led to an increased interest in the adoption of a human rights-based approach to heritage conservation. This approach is understood to address issues of social justice and enable a more sustainable form of heritage conservation. However, research at the historic and religious site Bagan in Myanmar shows various conceptual, practical and political hurdles that need to be addressed before this approach can effectively be adopted. Challenges can be found on local, national and regional scales and include the interpretation of cultural rights and conflicting rights, the contentiousness of human rights language and the lack of capacity to hold violators accountable. These impediments are relevant beyond Myanmar and demonstrate that the effectiveness of a human rights-based approach to heritage conservation is highly context-dependent.     

Blinded like a state? Urban sanitation,improvement and high modernism in contemporary Myanmar

This article explores urban sanitation in the city of Mandalay, upper Myanmar, as an entry point to better understand the issue of improvement in the country in the current era of political change. Based upon qualitative data gathered in Mandalay between 2015 and 2018, the article focuses on the state's ways of seeing urban improvement after 2016, when the National League for Democracy government led by Daw Aung San Suu Kyi took office. The article builds upon James Scott's work on statecraft to frame the analysis, and it uses this framework to argue that a localized form of authoritarian high modernism is emerging and shaping urban improvement in Mandalay today. The case is noteworthy as high modernism in Mandalay is not associated with attempts to render the city more legible; on the contrary improvement seems to be carried out by a state unwilling, or unable, to see and thus being blinded. The article develops this argument to make a twofold contribution, to discussions on statecraft and the “failure of development” in contemporary Myanmar from the perspective of political geography; and to debates on states' ways of seeing and the practice of improvement in postcolonial contexts.     

China and Japan in Myanmar: Aid,Natural Resources and Influence

Abstract

This article highlights the parallels between Japan’s leveraging of foreign aid to secure access to strategic natural resources in the post-World War II period, and China’s similar use of foreign aid since the early 1990s. It then shows how both countries have applied similar strategies in their aid programs in Myanmar, and points out how dramatic shifts in Myanmar’s domestic politics have shaped their opportunities for economic engagement. China seized upon Myanmar’s political transition in 1988 to expand its aid program, while Japan has responded to Myanmar’s reform measures since 2010 by resuming its aid efforts. The article concludes by considering the potential for China–Japan cooperation through their aid programs in Myanmar.     

How to promote human rights in the world's most repressive states: lessons from Myanmar

For two decades, Myanmar sat at the top of the international human rights agenda. With recent political changes, this may now be a thing of the past, but the bad old days hold important lessons that should not be forgotten. This article draws on interviews conducted mainly inside Myanmar over a period of 15 years to evaluate, contrast and compare the impact of different international human rights policies on the ground. It is argued that while the effects of both Western ostracism and regional business as usual have been largely counterproductive and often harmful to the Myanmar people, principled engagement by the United Nations and other international organisations has shown significant potential to help promote human rights. This is a lesson which may be worth heeding in other repressive states.     

The Myanmar imbroglio and ASEAN: heading towards the 2010 elections

Following the adoption of a new constitution by national referendum, Myanmar's military junta is set to organize multiparty elections in 2010. Not least to influence Myanmar's leadership, with regard to the conditions Washington believes necessary for credible elections, the United States announced in September 2009 that it would embark on a new approach towards Naypyidaw. This will focus on a high‐level dialogue while keeping existing sanctions in place. The Obama administration has asked the Association of Southeast Asian Nations (ASEAN) to support this new approach. Against the backdrop of the deep divide between the ruling generals and Aung San Suu Kyi, and the continued conflict between Naypyidaw and armed ethnic nationalities, this article asks: How strong is ASEAN's record when it comes to influencing the State Peace and Development Council (SPDC) in relation to matters of national reconciliation and political transition? What factors explain ASEAN's approach towards Myanmar? What prospect, if any, is there that ASEAN states can influence Myanmar's political developments before the 2010 elections? The article argues that ASEAN has not moved beyond a collective criticism which aims to induce Naypyidaw to respond positively to the demands of its international detractors. ASEAN's norms, different political identities and geopolitical interests coupled with the SPDC's prickliness have limited the consensus on Myanmar. Naypyidaw's calculations about relations with Washington, rather than ASEAN's ‘enhanced interactions’ with the military government, and domestic political dynamics are likely to be the crucial determinants of further developments in the context of the 2010 elections.     

‘Politicide’ and the Myanmar coup

Can the 2021 Myanmar coup be understood as part of a broader campaign by the Burmese army to commit ‘politicide’? The recent wave of violent raids, detentions and extrajudicial killings taking place across Myanmar is part of a long-standing pattern of systematic violence perpetrated against political groups and social movements that challenge military control and dominance. The author reviews the history of persecution directed at the National League for Democracy (NLD), the 88 Generation, All Burma Federation of Student Unions (ABFSU) and others who took part in the Burmese democracy movement. The author also reports findings from a multi-year ethnography she conducted with a community of activists and former political prisoners. She observes that, like ethnic and religious groups, this political community possesses stable, characteristic features, which are transmitted intergenerationally. She advocates for use of the term ‘politicide’ to understand both the recent coup and the history of violence perpetrated against the NLD, 88 Generation ABSFU and other groups inside Myanmar.     

Genocide documentary as intervention

Gifted filmmakers such as Joshua Oppenheimer, director of The act of killing, are attempting to use the power of documentary to provoke social and political change in post-conflict settings. What roles do interventionist filmmakers play in processes of national reconciliation and transitional justice? Can The act of killing really be a catalyst for change in Indonesia? This article contends that the genocide documentary is a form of antagonistic intervention that warrants systematic and critical re-evaluation. It holds that claims regarding the remedial impact of documentaries such as The act of killing are difficult to substantiate, the main problem being attribution, cause and effect. Intervention in the mind of the director seems to follow the logic of a synchronous circuit, where trauma based on revealed truth leads to transitional justice. Each component in the circuit has a corresponding political argument. This article will examine three interrelated arguments linking genocide documentary and political intervention: (1) re-traumatization, (2) power-laden truths and (3) the narrowing of impunity gaps. This article contributes to debates about genocide and intervention by presenting evidence from Indonesia, including rare interviews with the protagonists in Oppenheimer's award-winning film, surveys of Indonesian audiences and data gathered from a global online petition as well as Chinese microblogs in order to better understand how audiences respond to genocide documentaries and why it is so difficult to generate political action outside the theatre.     

The Politics of Recognition and Redistribution: Development,Tribal Identity Politics and Distributive Justice in India's Jharkhand

This article illustrates how the potential of recognition‐based politics to achieve distributive justice is determined by political structures and the power relations that constitute them. In response to Nancy Fraser's framework of social justice, it shows that the meaningful coordination of identity‐based claims with distributive justice is constrained — not only by the content of the claims themselves, but also because redistributive demands are subverted through competing pursuits for power and legitimacy between rival political factions. The article describes how the separate‐state movement for Jharkhand in Eastern India was de‐radicalized by three instruments, namely, the reservation system, cultural nationalism and state development discourse. This explains why distributive measures do not feature prominently in the Jharkhand state and why recognition politics has taken a disciplined form in the electoral mainstream while distributive politics continues to be pursued through violent and extra‐parliamentary means.     

‘Building Kachin’: Youth and Everyday Action in one of Myanmar's Ethnic States

In 2011, Myanmar started its political transition after decades of military rule. In Kachin State this coincided with the breaking of a 17‐year ceasefire between the Kachin Independence Organization/Army (KIO/A) and the state army, the Tatmadaw. For youth living in Kachin State, this meant that opportunities for civic and political participation opened up while at the same time their context remained volatile and uncertain. Using citizenship theory and the concept of the ‘everyday’, this article analyses how youth in Kachin State connect the challenges they experience to their sense of citizenship, and how this informs everyday forms of youth action as well as youth participation in policy processes. The article argues that young people act out of moral and political reasons to ‘build Kachin’, in response to deeply historically rooted experiences of discrimination and state repression. While the agency of young people living in conflict settings is often believed to be limited to tactical agency for individual and immediate survival, an analysis of youth's experiences of citizenship shows that they also act strategically to advance the interests of their society.     

Principled pragmatism in climate policy? The EU and changing practices of climate justice

Climate change constitutes one of the most pressing political problems of our time and has profound implications for global justice. However, despite the recent progress of the international negotiations embodied in the Paris Agreement, most scientists and activists agree that the adopted measures are not adequate or ‘just’ considering the magnitude of the problem. Thus, there is a pressing need for political forerunners that could push the regime towards a more just handling of the problem. The European Union for most of the time has presented itself as a strong advocate for progressive climate action and has been called a climate vanguard or ‘green normative power’. This paper critically assesses the EU's role concerning climate change from a perspective of global political justice, which builds on a tripartite theoretical conception, consisting of ‘non-domination’, ‘impartiality’ and ‘mutual recognition’. It inquires to which conceptions of justice the EU's climate strategy and approach to the international negotiations have corresponded, how and why changes have come about, and whether the EU was able to influence the international regime. The paper finds that while the EU started out from a focus on political measures linked to impartiality, after the failed negotiations in Copenhagen in 2009 it has become more open towards policies and instruments in line with mutual recognition and non-domination. Thus, the emphasis moved away from top-down, legally binding measures, towards voluntary bottom-up procedures, a recognition of difference and diplomatic outreach activities. While this shift was necessary to reinstate the EU's influence and secure the Paris Agreement, it could hamper the quest for robust climate abatement measures and global climate justice.     

Marriage and the Law: Politics and Theology in Measure for Measure

Abstract

In Measure for Measure, Shakespeare portrays a clearly political problem: a city whose citizens are so unable to govern themselves that only the most severe legal punishments appear capable of restoring civic order. Yet the play's conclusion, for all its dramatic fireworks, does not obviously resolve this problem. All that happens, it appears, is that everyone gets married. Understanding marriage's political significance, therefore, is key to unraveling the play's political teaching. By carefully framing marriage within Pauline language of sin and grace—and in particular by using the image of death and rebirth through baptism—Shakespeare offers a theological as well as a political image of a kind of self-government capable of easing the city's legal dilemmas and reconciling justice with mercy.     

Jean Améry's Concept of Resentment at the Crossroads of Ethics and Politics

The questions of forgiveness and political justice have recently become intertwined with the “transitional justice” project, the aim of which is the coming to terms with past human rights violations. This article demonstrates that “transitional justice” is less concerned with providing justice than with achieving historical closure, moral redemption, and a “new beginning.” It proposes that justice requires a profound reflection of a political nature by introducing and discussing Jean Améry's concept of resentment. Central to Améry's view of resentment is the restoration of the victim's social status and dignity, the validation of the experience of victimhood; his view therefore contrasts with the Nietzschean derogative view of ressentiment. On the basis of Améry's conceptualizations and with reference to Derrida's notions of “hiatus” and “forgiveness as impossibility,” the article problematizes the relation of ethics and politics—which the “transitional justice” project takes as given. It suggests that to theorize on justice, one needs to parenthesize the moral imagery of forgiveness and bring thirdness (or plurality) to the fore as the space where the identities of “victims” and “perpetrators” are established and played out.     

The United States and Myanmar: a ‘boutique issue’?

Myanmar has been one of a number of countries that the new American Executive branch selected for policy reconsideration. The Obama administration's review of relations with Myanmar, characterized as a ‘boutique issue’ during the presidential campaign, has received considerable attention in 2009, and in part was prompted by quiet signals sent by both sides that improved relations were desirable. Begun as an intense policy review by various agencies, it has been supplemented by the first visits in 15 years to the country by senior US officials. The policy conclusion, that sanctions must remain in place but will be supplemented by dialogue, is a politically realistic compromise given the strong congressional and public antipathy to the military regime and the admiration for Aung San Suu Kyi, whose purported views have shaped US policies. US claims of the importance of Myanmar as a security and foreign policy concern have also been a product of internal US considerations as well as regional realities. US—Burmese relations since independence have been strongly influenced by the Cold War and China, whose strategic interests in Myanmar have been ignored in the public dialogue on policy until recently, with US policy focused on political and human rights concerns. Attention is now concentrated on parliamentary and local elections to be held in 2010, after which the new constitution will come into effect and provide the military with a taut reign on critical national policies while allowing opposition voices. Future relations will be strongly influenced by the transparency and freedom both of the campaigning and vote counting, and the role—if any—of the opposition National League for Democracy. Strong scepticism exists in the US on prospects unless the Burmese institute extensive reforms. The Burmese military, presently controlling all avenues of social mobility, will have a major role in society for decades. The article initially evaluates US policies towards Myanmar prior to 1988, when a military coup marked a negative shift in US—Myanmar relations, from cooperation to a US sanctions regime. It looks at the influence China's involvement in Myanmar and the role Aung San Suu Kyi have had on the formulation of US policy towards the country and assesses the prospects for the US‐Myanmar relationship under the Obama administration.     

Justice Unbound? Globalization,States and the Transformation of the Social Bond

Conventional accounts of justice suppose the presence of a stable political society, stable identities, and a Westphalian cartography of clear lines of authority–usually a state–where justice can be realized. They also assume a stable social bond. But what if, in an age of globalization, the territorial boundaries of politics unbundle and a stable social bond deteriorates? Can there be justice in a world where that bond is constantly being disrupted or transformed by globalization? This article thus argues that we need to think about the relationship between globalization, governance and justice. It does so in three stages: first, it explains how, under conditions of globalization, assumptions made about the social bond are changing; second, it demonstrates how strains on the social bond within states give rise to a search for newer forms of global political theory and organization, and the emergence of new global (non-state actors) which contest with states over the policy agendas emanating from globalization; and third, despite the new forms of activity identified in the second stage, the article concludes that the prospects for a satisfactory synthesis of a liberal economic theory of globalization, a normative political theory of the global public domain, and a new social bond are remote.     

Socioeconomic Rights: A Dialogue With Islam

There are some who believe that there will be an inevitable “clash of civilizations” between the Muslim world and the West. By contrast, this article contends that there are many opportunities for constructive dialogue between the two that can bridge the cultural divide. Specifically, the article proposes a cross‐cultural dialogue on social justice as a promising starting point for productive intercultural engagement. The article discusses the rich tradition of social justice in the Muslim world, and the ways in which these Islamic tenets are implemented by a range of Islamist political parties, including Turkey's Justice and Development Party (AKP), Morocco's Justice and Development Party (PJD), and Tunisia's Ennahda Movement. Given the West's relative dearth of mainstream social justice parties, the article proposes that, on this count, it has much to learn from the Muslim world.     

Does global egalitarianism provide an impractical and unattractive ideal of justice?

In his important new book National responsibility and global justice, David Miller presents a systematic challenge to existing theories of global justice. In particular, he argues that cosmopolitan egalitarianism must be rejected. Such views, Miller maintains, would place unacceptable burdens on the most productive political communities, undermine national self‐determination, and disincentivize political communities from taking responsibility for their fate. They are also impracticable and quite unrealistic, at least under present conditions. Miller offers an alternative account that conceives global justice in terms of a minimum set of basic rights that belong to human beings everywhere. Primary responsibility for securing such rights for an individual lies with his or her state, but in so far as these rights go unprotected, responsibilities for fulfilling them may fall on outsiders. While less ambitious that cosmopolitan egalitarian justice, Miller argues that his own view would nevertheless enable us to articulate what is most morally objectionable about our current world. In this article it is argued that none of Miller's critiques of cosmopolitan egalitarianism is effective, and that while certainly preferable to the status quo, a world governed by Miller's principles is not an attractive ideal.     

State,Politics and the Idea of Social Justice in Chile

This article explores the ways in which the idea of social justice has been utilized during this century as an idée-force in Chilean politics. It stresses the Catholic background of the concept and shows how it has been adapted to the political objectives of several doctrinal streams. The idea of social justice has been a powerful ideological instrument for governments in their attempts to deal with the social expectations of the electorate and to create a broad consensus between different political and social sectors. This idea has also been historically related to an active state role in the search for equity through income distribution and the adoption of progressive social legislation. While the recent military government (1973-90) radically reformulated both the social function of the state and the official definition of social justice, the current democratic authorities seem to have readopted the idea of social justice as a key element in their ideological discourse.     

A Christian anarchist? Gregory of Nyssa's criticism of political power

The Cappadocian Church father Gregory of Nyssa (c. 335-395 AD) frequently attacks political power and domination in different forms. He does not present a systematic political philosophy, but there is a range of underlying theological, anthropological and moral philosophical ideas at play in Gregory's criticism. Especially important is Gregory's theological anthropology, and the unity of humankind. In this article it is argued that Gregory's political thinking can be described as “anarchism,” in so far this is defined as the universal rejection of all kinds of domination and the identification of justice with any positive political state of affairs.     

Regulatory Enforcement,Riskscapes, and Environmental Justice

Does environmental regulation vary over poor and minority communities? An uneven governmental response may follow from regulators' varying incentives to negotiate enforcement challenges. We argue that regulators confront two in particular. Regulators can pursue political enforcement, responding to mobilized interests, regardless of environmental risk, or they can pursue instrumental enforcement, responding to at‐risk communities, regardless of political mobilization. To examine these competing strategies, we use an original dataset from the EPA's Risk‐Screening Environmental Indicators model to develop a geographic “riskscape” combined with census tract community data and facility‐level enforcement data. We find that state regulatory agencies pursue a mixture of political and instrumental enforcement, but that these tactics are applied unevenly across traditional environmental justice communities. Specifically, state agencies devote more attention to facilities in communities with relatively higher risk, but less attention in the area of punishment for violations for facilities located in Hispanic communities. Importantly, this lack of attention to Hispanic communities is not mediated by the relative level of risks that they face, but it is to a significant extent in communities in which environmental justice advocacy organizations operate.     

Articulating Climate Justice in Copenhagen: Antagonism,the Commons,and Solidarity

Abstract: Articulations of climate justice were central to the diverse mobilisations that opposed the Copenhagen Climate Talks in December 2009. This paper contends that articulations of climate justice pointed to the emergence of three co‐constitutive logics: antagonism, the common(s), and solidarity. Firstly, we argue that climate justice involves an antagonistic framing of climate politics that breaks with attempts to construct climate change as a “post‐political” issue. Secondly, we suggest that climate justice involves the formation of pre‐figurative political activity, expressed through acts of commoning. Thirdly, we contend that climate justice politics generates solidarities between differently located struggles and these solidarities have the potential to shift the terms of debate on climate change. Bringing these logics into conversation can develop the significance of climate justice for political practice and strategy. We conclude by considering what is at stake in different articulations of climate justice and tensions in emerging forms of climate politics.