Overturning the alms bowl: the price of survival and the consequences for political legitimacy in Burma

The 2007 demonstrations in Burma posed the greatest threat to military rule there in almost twenty years. The involvement of thousands of monks across the country was of particular concern to the authorities as well as their threat of performing a religious boycott against them. This article traces the importance of Buddhism to the political legitimacy of rulers in Burma and examines how the authorities’ relationship with the Sangha has undergone significant changes under military rule. It compares the 2007 demonstrations with earlier protests and examines how the regime's legitimacy has suffered as a result of yet another crackdown, significantly this time against demonstrations led by the largest institution outside of the tatmadaw.     

‘For Purposes of Political Camouflage’: Intelligence Gathering in Colonial Burma, 1933–35

Histories of colonial rule in Burma have noted the difficulties the British government had in ruling the population of that country and the state's reliance on the colonial army to suppress uprisings. However, the role of intelligence in sustaining colonial rule has been neglected in the historiography of Burma. This article discusses the efforts by the colonial state in Burma during the years 1933–35 to develop an intelligence-gathering bureau that reported on the affairs of the indigenous population with a view to preventing the outbreak of anti-government disorder. It illustrates the reliance of the colonial government on information gathered from indigenous informers in order to rule the country and the limitations of over-reliance on that intelligence.     

‘The realities of power’: David Stoll and the story of the 1982 Guatemalan genocide

ABSTRACT

In a short opinion piece published in late 2013, anthropologist David Stoll claimed that genocide did not occur in Guatemala under the military dictatorship of José Efraín Ríos Montt (1982–83), that the charges against the former general and his subsequent conviction were unsubstantiated, and that human rights conditions for the country’s Indigenous peoples, including the Ixil population of northern Quiché department, actually improved under his government. By looking at the definition of protected groups under the United Nations Genocide Convention, and such basic notions as perpetrator motives and intent in international humanitarian law, this article will address Stoll’s latest contribution to a ‘counter-narrative by Guatemalans who perceive that their side of the story [was] left out’ of the 2013 genocide trial.     

Legal geographies and ecological invisibility: The environmental myopia of evidence

This study shows how legal evidentiary rules intended to make trials fair also enable biodiversity loss, even in courts charged with environmental protection. The common law is premised on two types of rules. The first, substantive laws, set rules for how society should function—obstructing and punishing some behaviours while enabling and rewarding others. In contrast, procedural laws are intended to level the playing field when there is a dispute over substantive rules during litigation. This case study concerns a routine environmental dispute over land development in Sydney, Australia. It demonstrates how, by enabling courts to determine what evidence will and will not be considered, procedural rules and practices drive substantive outcomes by rendering certain places, dynamics, and connections visible and capable of judicial action while obscuring others. Specifically, the court’s efforts to use evidentiary tools to make litigation more efficient drove substantive outcomes in two ways. First, work to narrow evidence to address factual disputes also narrowed the court’s geographic scale of analysis to the property boundaries of the site, thus obscuring broader threats to a critically endangered ecological community. Second, these procedural evidentiary decisions drove substantive outcomes undermining biodiversity protection, while concealing their inherently substantive nature. Combined with the tendency of the court to use procedural informality to promote compromise between the parties, and a broader juridical treatment of intact ecological communities as species that can largely be moved at will, the evidentiary rules enabled an environmentally focused court to enable the victory of development over species protection.     

The limits of civil society in militarised regimes: evidence from the Asia-Pacific

The nature of civil society is transformed by a strong military presence, which occurs in the Asia-Pacific region. While modern civil society survives under military rule through co-optation, veiled resistance or geography, traditional organisations may continue to threaten the state's dominance of political society. This article examines the nature of civil society in two countries in the Asia-Pacific that have recently emerged from direct military rule—Burma and Fiji. It considers the independence of civil society under military rule, how militaries take steps to safeguard their roles in political society, and how democratic postures change during transitions away from military rule. Understanding how militaries preserve their influence provides a better perspective of authoritarian resilience in the region and the limits to democratic reforms.     

‘On the Road to Mandalay’: The Development of Railways in British Burma, 1870–1900

ABSTRACT

This article examines the history of railway development in British Burma between 1870 until 1900. In particular, it focuses on how railways and public works projects became a key site of contestation about Burma’s prospects, value, and future during the late nineteenth century, as well as how a litany of agents – both official and non-official – influenced the path of railway development in the colony. This article not only reveals the difficulties and disputes that impacted railway construction in Burma, but also how these debates led to the eventual privatisation of Burma’s railway system in the 1890s. In doing so, this article demonstrates how myriad agents with often competing aims affected the colony’s social and economic development, as well as how the results of these debates and the subsequent construction of railways produced a new geography of occupation in British Burma.     

The Sultan's Domain: British Cyprus' Role in the Redefinition of Property Regimes in the Post-Ottoman Levant

This article argues that property law is the main means through which Britain built its imperial sovereignty on Cyprus and in the post-Ottoman Levant. It charts the development of an official British expertise in Ottoman land legislation following the so-called affair of the Sultan's claims to properties in Cyprus. To settle this matter in the island which they had obtained to ‘occupy’ and ‘administer’ through a treaty with the Sublime Porte, colonial authorities were compelled to become conversant with the 1858 Ottoman Land Code. Hence, the article argues that because of its ambiguous status – a province occupied and administered by Britain but under the nominal suzerainty of the Sultan from 1878 to 1914 – Cyprus, as the first Ottoman territory to pass under direct Western rule, played a decisive role in the elaboration of a colonial knowledge in Ottoman land laws. And this, despite long-standing economic and political ties between Britain and the Ottoman Empire and exposure to other settings where layered land tenure systems prevailed. Published in treatises authored by British administrators of Cyprus, the legal expertise in Ottoman land law thus acquired was then transposed to other territories which passed under British rule, such as Palestine.     

Competing Visions of the Rule of Law in Southeast Asia: Power,Rhetoric and Governance

Abstract

This article introduces a special issue on the emergent relationship between the rhetoric and implementation of the rule of law concept in Southeast Asia. It thematically introduces four country case studies (Cambodia, Myanmar, Thailand and Vietnam), and the case of ASEAN’s adoption of the rule of law in region-building, which are included in this special issue. We highlight how ideals that are arguably central to the “tradition” of the rule of law are being excised, marginalised, defended and/or undermined in Southeast Asian contexts. We emphasise how the very concept is deeply contested and far from neutral – at stake is the very notion of “law” for whom, and for what. The article offers insight into the social dynamics affecting how the rule of law is being interpreted by political actors and how it is being contested and consolidated via governance practices in the region, and proposes new avenues for research in assessing how the rule of law is operating in transitional and authoritarian state settings.     

Front and Back Covers,Volume 29, Number 4. August 2013

Front and back cover caption, volume 29 issue 4 Front cover Khat to be banned in the UK Yemeni man chewing khat. Khat is a herbal stimulant that has been chewed recreationally in the Arabian peninsula and in East Africa for centuries, but khat has recently become an object of concern in the UK after ‘khat pubs’, popular with Somali, Yemeni, and Ethiopian immigrants, have sprung up across the country. Against the advice of its own Advisory Council on the Misuse of Drugs (ACMD), the UK government is following countries such as the USA, Canada, and Germany by banning khat. Later this year, the UK will treat khat as a class C drug, making it illegal to supply or possess. This July, the UK home secretary said ‘The decision to bring khat under control is finely balanced and takes into account the expert scientific advice and these broader concerns’. But in response to the government's announcement, Professor David Nutt (chair of the ACMD) retorted, saying ‘Banning khat shows contempt for reason and evidence, disregard for the sincere efforts of the Advisory Council on the Misuse of Drugs’, specifically citing khat's ‘relatively low harms’ in his remonstration. In this issue, Ian McGonigle looks at the broader socio‐cultural background of khat in Africa and the Middle East, and analyzes the global khat controversy as a complex anthropological problem entangling development economics, public health management, domestic fears of terrorism, and khat‐mediated democratic formations. Back cover Scapegoating in Burma A 2013 calendar widely on sale inside Burma in the wake of Aung San Suu Kyi's landmark meeting with Barrack Obama in Rangoon, November 2012. Although the military retain majority control in parliament, media laws have been relaxed and limited reforms include a parliamentary role for Aung San Suu Kyi and her party. Major violence erupted in May 2012 against the Rohingya, which was to spread to Muslims more generally by the time the two leaders met. Yet Aung San Suu Kyi remained mostly silent on the issue. Is this ‘hermit state’, the largest country in mainland Southeast Asia, situated at the intersection between Muslim and Buddhist Asia, and a gateway to India and China, succumbing to irrational fears enflamed by the US‐led war on terror? In this issue, Elliott Prasse‐Freeman argues that the Rohingya have become scapegoats for an ill‐defined sense of national identity. True, the Burmese army has also attacked many of the ethnic minorities wishing to retain autonomy, including major offensives against the Kachin and the Shan. But the kind of violence against Muslims is of a different kind. In anticipation of the last free elections in 1960 the army published Dhamma in danger (dhammantaraya) asserting the communist threat to Buddhism, hoping to win the elections. Today, such dangers are projected as coming from Muslim populations interpreted as not rightfully Burmese (the laws require proof of ancestor residence before wholesale immigration began with British conquest in 1823, yet written reference to ‘Rooinga’ occurred as early as 1799). In a country where fears reign, and with a monastic order not hierarchically controlled, many have fallen for this discourse in a way that the country will come to regret. Whither the saffron revolution and Aung San Suu Kyi's revolution of the spirit?     

Governing Civil Society in Cambodia: Implications of the NGO Law for the “Rule of Law”

Abstract

This article reviews the introduction of the 2015 Law on Associations and Non-governmental Organisations in Cambodia (“NGO Law”) from 2011–17 and explores its connection to the rule of law. After outlining the content, definitions and regulatory environment related to the NGO Law, it provides a commentary on its initial application, and examines its potential articulation with other legislation (such as defamation and libel, telecommunications law and land law). I argue that the NGO Law should be characterised as a carefully crafted piece of legislation, developed and defended over time by the ruling political party to increase control and intimidation by invoking adherence to the “rule of law”. Narratives of national security, terrorism, neutrality and cultural cohesion have been interwoven with new regulatory requirements to obfuscate overt political interference. The article argues that the NGO Law intersects with, and consolidates, the recent trend of the government’s use of legislation as a political tool to control and manipulate political opponents and government critics. This is not to deny that there are areas of civil society action and service provision that require greater government control via regulatory compliance. Nevertheless, the state’s attempts to tighten civil space are being met with resistance and “work around” strategies from the plethora of diverse organisations functioning in Cambodia.     

When the rule of law met rule by the party: the conflicts between Baptist schools and the local Guomindang in Republican Suzhou

ABSTRACT

This study examines the relationship between the Guomindang (GMD) and the courts by focusing on the 1929 conflicts between the Suzhou Baptist schools and the local GMD party apparatus. The GMD regime supported the principle of rule by the party. At the local level, the GMD’s rise was often stymied by the independent judiciary whose judgments were based on the principle of the rule of law. The local party might not have been able to control the local court in the early years of the GMD regime, but it did steadily alter state-society relationships, as it could benefit from the local court’s commitment to the rule of law. For instance, the district court in Suzhou actively defended the principle of rule by the party in conflicts between Baptist schools and the local party because the GMD had made that principle the law of the land.     

The benevolent proprietor and the property law: A British‐Indian dilemma

British Indian revenue policy determined British‐Indian property law. ft was essential to establish a class of landed proprietors, entitled by law to collect rents from their tenants, from which in turn government could legally assess its revenue demand. Revenue was principally settled with the zamindars, who had had rights to a share in agricultural produce which carried a duty to meet government's revenue demand recognised by the Mughal government. The zamindars were redefined unequivocally as landlords by the British‐Indian property law. Their estates were assigned on the basis of existing records and were composed for the most part of disparate shares in villages. Such estates were essentially not economically viable; the social and domestic circumstances of the zamindars further compromised the management of their estates. Government intended that the landlords should become progressive farmers, but conditions, as much a product of legal enactment as of economic reality, frustrated that aim. The history of the nineteenth century administration of British India illustrates the dilemma of government, and the conflict between conservatism in the rural sphere and the pursuit of progressive policies. The radical reform of the zamindars’ estates, namely the drastic curtailments which took place under the zamindari abolition statutes under the Congress government's programme for land reform, has paradoxically achieved for independent India that which the government of British India struggled throughout a century and a half to achieve: the creation of the progressive proprietor.     

Burma's ‘saffron revolution’ and the limits of international influence

The demonstrations in September 2007 were the most significant civil protests seen in Burma since the ill-fated pro-democracy uprising of 1988. The military government's brutal response to the latest unrest prompted an unprecedented level of diplomatic activity and a rare consensus on the need for political change. Since then, however, efforts to resolve the crisis have withered away, underlining the international community's inability over the past 20 years to make a significant impact on the situation in Burma. Neither the principled approach of some countries and organisations, nor the more pragmatic attitude adopted by others, has persuaded the regime to abandon any of its core positions. Indeed, by demonstrating the international community's continuing disagreement over Burma, and the limited policy options available, the lack of concerted action since the protests has probably encouraged the regime's obduracy and increased its confidence that it can survive external pressures. An appreciation of the generals’ threat perceptions may help the international community to understand the regime's intransigence, but it is still difficult to see what policies can be effective against a government that puts its own survival before accepted norms of behaviour and the welfare of its people. Real and lasting change will have to come from within Burma itself, but the events of 2007 suggest that this is a distant prospect.     

Australia,US torture and the power of international law

ABSTRACT

Australia cooperated extensively with the George W. Bush administration during the ‘war on terror.’ However, in doing so, Australia failed to condemn, and in some instances, condoned US torture and detention programs. Does Australia’s conduct demonstrate a failure of international law and human rights to constrain Australia’s actions? Although the Howard government was heavily criticised for failing to uphold human rights in the fight against terrorism, international law was not forgotten. This article argues that international law shaped Australia’s cooperation with the US. Australia strategically used international laws to legitimise its cooperation with the US in the face of evidence of US torture. International law was not dismissed to pursue national security interests but used to legitimise Australia’s security policies.     

How not to build a world wireless network: German–British rivalry and visions of global communications in the early twentieth century

Abstract

Edward Snowden’s revelations laid bare an unprecedented scale of state influence on communications technology. But government elites have frequently shaped technological development through their beliefs about potentially nefarious uses of communications. This article argues that beliefs about how other states or groups might use a technology can shape innovation. In particular, German visions about the British use of cables spurred German investment in developing wireless telegraphy. Germans imagined that the British were using cable technology to damage Germany’s reputation, spy on Germany and ‘poison’ neutral countries against the Central Powers. The German government and military at first created a colonial wireless network to bypass British cables. In World War I, however, they sought to establish a world wireless network. In the end, innovation was significantly shaped by how Germans imagined their enemies’ uses of communications technology.     

FROM ‘ONE OF THE COUNTRY’S GREATEST ASSETS’ TO ALIENATION AND ANGER: VOICES OF THE LOWER WHARFEDALE FARMING COMMUNITY IN THE TWENTIETH CENTURY

Abstract

The British farming community is rapidly diminishing due to its ageing workforce, the rise of second-home ownership, and the costs involved in running a farming business in the twenty-first century. The private nature of this community, often coupled with a deeply held mistrust of non-farmers has made it difficult to ascertain farmers’ own feelings on their current situation, and how things have reached such a position. This article explores how some of the major twentieth-century events for agriculture have affected a single Yorkshire farming community by tracing the deteriorating relationship between farmers and the government, through changing legislation and reactions to crises, from a point where farmers were held to be vital to Britain’s survival through to one where the agricultural community finds it plausible that their own government would actively try to destroy their livelihoods.     

Land reform in South Africa and the colonial present

This paper develops Derek Gregory's concept of the ‘colonial present’ by demonstrating how the colonial present in rural South Africa in general and around land reform in particular has conditioned land reform outcomes. My development of the concept departs from Gregory's in two key respects. I argue first that, by viewing it in relation to the geopolitics of capitalism, it can be applied to places beyond the immediate influence of US military power; and, second, that social forces which might begin to undermine the colonial present should be examined. My empirical materials draw upon primary research on the emergence of government-sponsored partnerships between restitution beneficiaries and agribusinesses in northern Limpopo. I use the materials to argue that partnerships have emerged given white farmers’ near-monopoly on skills and the persistent power of traditional leaders, two features of South Africa's colonial past whose importance today is suggestive of a colonial present.     

烟捐与民变:1930年代皖北宿县乡村危机与政府控制

1932年皖北宿县因烟捐引发民变是20世纪30年代国民政府治下乡村危机频发的侧影。民变前,国家政权与乡村精英结合掌控乡村,而精英间为争夺乡村权力展开派系斗争,官民矛盾、绅民矛盾和绅士间矛盾尖锐。皖省政府依靠乡绅课征烟税,劣绅借机盘剥农民,绅民、官民矛盾激化。民变发生后,关系各方展开利益博弈,政府交替运用武力与怀柔之策控制民变,但无助于化解官民矛盾、绅民矛盾、官绅矛盾和乡绅不同派系间的利益纠葛,反致乡村危机在政府控制下被雪藏。乡村危机是国家政治、经济和社会等多元因素交互作用下产生的,并非如学界过往所认同的经济单线性诱致之结果。     

ASEAN as a “Rules-based Community”: Business as Usual

Abstract

In establishing the ASEAN Economic Community, ASEAN political elites emphasised their commitment to the rule of law. The definition of the rule of law adopted in the ASEAN Charter mirrored UN reforms that recognised the rule of law as interlinked with democracy and human rights. This commitment raises questions, given the various tactics employed by the grouping’s authoritarian and post-authoritarian regimes to silence dissent. This article critically assesses this apparent shift in regional governance. It first maps the inclusion of rule of law rhetoric in agreements since ASEAN’s foundation, and then examines the form and implementation of dispute settlement mechanisms. It finds that dispute settlement mechanisms have consistently retained the scope for protracted political and bureaucratic negotiation between disputing parties, and “opt out” clauses that enable their contingent application. These findings undermine claims regarding the development of a “rules-based community”, and indicate the continuation of rule by law rather than rule of law. The emphasis placed on ASEAN’s rule of law reforms by elites suggests, then, the rebranding of this political project in support of the ASEAN Economic Community so as to create confidence for investors in the region’s juridical environment.     

Wartime Emergency and the Displacement of Indians in Fiji: Cost and Compensation

From 1939, under wartime regulations, land was resumed for military purposes in Fiji. Among the lands taken were plots leased by Indian tenant farmers from Fijians, mainly in western Viti Levu. In some cases this caused loss of livelihood and even destitution, as Indo-Fijian historian Brij V. Lal has shown in his book Broken Waves . Unlike Lal, this author argues that in spite of individual cases of suffering, Indians received adequate government compensation, comparable to other displaced occupiers. The real loss for some was that the resumption of cultivated land still with long unexpired terms was in part an opportunity, if not a pretext, for transferring these to the new Native Land Trust Board to be reserved exclusively for Fijians. This was in contravention of Colonial Office policy on the type of land suitable for reservation. Many Indians saw their former lands reserved, but remaining uncultivated for years.