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Governing Refugees Downloaded by [University of Defence] at 21:28 09 May 2016 Governing Refugees Refugee camps are imbued in the public imagination with assumptions of anarchy, danger and refugee passivity. Governing Refugees: Justice, Order and Legal Pluralism marshals empirical data and ethnographic detail to challenge such assumptions, arguing that refugee camps should be recognized as spaces where social capital can not only survive, but thrive. This book examines themes of community governance, order maintenance and legal pluralism in the context of refugee camps on the Thailand–Burma border. The nature of a refugee situation is such that multiple actors take a role in camp management, creating a complex governance environment which has a signifi cant impact on the lives of refugees. This situation also speaks to deeply important questions of legal and political scholarship, including the production of order beyond the state, justice as a contested site, and the infl uence of transnational human rights discourses on local justice practice. The book presents valuable new research into the subject of refugee camps as well as an original critical analysis. The interdisciplinary nature of McConnachie’s assessment means Governing Refugees will appeal across the fi elds of law, anthropology and criminology, as well as to those whose work directly relates to Refugee Studies. Kirsten McConnachie is Joyce Pearce Junior Research Fellow at Lady Margaret Hall and the Refugee Studies Centre, University of Oxford. Her research continues to study self-reliance and self-governance strategies among refugees from Burma. Downloaded by [University of Defence] at 21:28 09 May 2016 Law, Development and Globalization Series Editor – Julio Faundez University of Warwick During the past decades, a substantial transformation of law and legal institutions in developing countries has taken place. Whether prompted by market-based policies or the international human rights movement, by the relentless advance of the process of globalization or the successive waves of democratization, no area of law has been left untouched. The aim of this series is to promote cross-disciplinary dialogue and cooperation among scholars and development practitioners interested in understanding the theoretical and practical implications of the momentous legal changes taking place in developing countries. Titles in the series: State Violence and Human Rights: State Offi cials in the South Andrew M. Jefferson and Steffen Jensen (eds) The Political Economy of Government Auditing: Financial Governance and the Rule of Law in Latin America and Beyond Carlos Santiso Global Perspectives on the Rule of Law James J. Heckman, Robert L. Nelson and Lee Cabatingan (eds) Marginalized Communities and Access to Justice Yash Ghai and Jill Cottrell (eds) Downloaded by [University of Defence] at 21:28 09 May 2016 Law in the Pursuit of Development: Principles into Practice? Amanda Perry-Kessaris (ed.) Governance Through Development: Poverty Reduction Strategies and the Disciplining of Third World States Celine Tan Lawyers and the Rule of Law in an Era of Globalization Yves Dezalay and Bryant Garth (eds) Policing and Human Rights: The Meaning of Violence and Justice in the Everyday Policing of Johannesburg Julia Hornberger Lawyers and the Construction of Transnational Justice Yves Dezalay and Bryant Garth (eds) Gender, Justice and Legal Pluralities: Latin American and African Perspectives Rachel Sieder and John McNeish Social Movements, Law and the Politics of Land Reform George Meszaros Land Law Reform in Eastern Africa: Traditional or Transformative? Patrick McAuslan Justice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone Lisa Denney From the Global to the Local; How International Rights Reach Bangladesh’s Children Andrea Schapper Justice Reform and Development: Rethinking Donor Assistance to Developing and Transitional Countries Linn Hammergren Governing Refugees: Justice, Order and Legal Pluralism Kirsten McConnachie Forthcoming titles in the series: Multinational Integration, Cultural Identity and Regional Self-Government, Comparative Experiences for Tibet Roberto Toniatti and Jens Woelk Law and Society in Latin America Downloaded by [University of Defence] at 21:28 09 May 2016 Cesar Rodriguez Garavito Policing and the Politics of Order-Making Peter Albrecht and Helene Maria Kyed This page intentionally left blank Downloaded by [University of Defence] at 21:28 09 May 2016 G overning Refugees Justice, Order and Legal Pluralism Kirsten McConnachie Downloaded by [University of Defence] at 21:28 09 May 2016 First published 2014 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 a GlassHouse Book Routledge is an imprint of the Taylor & Francis Group, an informa business © 2014 Kirsten McConnachie The right of Kirsten McConnachie to be identifi ed as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identifi cation and explanation without intent to infringe. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book McConnachie, Kirsten. Governing refugees : justice, order, and legal pluralism in the refugee camp / Kirsten McConnachie. pages cm—(Law, development and globalization) Summary: “This book studies justice and governance practices among Karen refugees from Burma living in camps in Thailand”—Provided by publisher. Includes bibliographical references and index. ISBN 978-0-415-83400-1 (hardback)—ISBN 978-0-203-42677-7 (ebk) 1. Refugees—Legal status, laws, etc.—Thailand. 2. Refugees—Government policy—Thailand. 3. Karen (Southeast Asian people) 4. Refugees—Burma. 5. Human rights—Burma. 6. Burma—Politics and government. I. Title. KPT485.R43M33 2014 362.87'5608995—dc23 2013039316 ISBN: 978-0-415-83400-1 (hbk) ISBN: 978-0-203-42677-7 (ebk) Downloaded by [University of Defence] at 21:28 09 May 2016 Typeset in Garamond by Keystroke, Station Road, Codsall, Wolverhampton Exile is strangely compelling to think about but terrible to experience. It is the unhealable rift forced between a human being and a native place, between the self and its true home: its essential sadness can never be surmounted. And while it is true that literature and history contain heroic, romantic, glorious, even triumphant episodes in an exile’s life, these are no more than efforts meant to overcome the crippling sorrow of estrangement. The achievements of exile are permanently undermined by the loss of something left behind for ever. (Said 1984: 137) Downloaded by [University of Defence] at 21:28 09 May 2016 This page intentionally left blank Downloaded by [University of Defence] at 21:28 09 May 2016 Contents Acknowledgements xiii A note on terminology xvii Acronyms and abbreviations xix 1 Governing refugees 1 Camps on the Thai–Burma border 5 Agency, sovereignty and legal pluralism 8 Agency, culture and community 8 The state: de-territorialized sovereignty 10 The law: justice, order and legal pluralism 12 Methodology 15 Chapter overview 17 2 The Karen in Burma: confl ict and displacement 21 Burma’s ethnic politics 22 Who are the Karen? 23 Christian missions and colonization 25 The birth of Karen nationalism 27 Insurgency 28 Displacement 31 Downloaded by [University of Defence] at 21:28 09 May 2016 3 The camp community 39 Camp communities 39 A situational community: ‘We are refugees’ 41 An ethno-national community: ‘We are Karen’ 42 A community of shared governance 44 Constructing a political community 46 Narratives of identity and past 46 Language 49 x Contents Clothes 50 Dynamic communities 52 Community interrupted: resettlement for those who remain 53 4 The governance palimpsest: order maintenance in Southeast Burma 58 Order beyond the state 60 Village sovereignty 60 Moral narratives 62 Animism or ‘spirit-law’ 65 Christianity 69 The Karen National Union and Kawthoolei Law 71 ‘One husband, one wife’: perceptions of harm in policing adultery 73 5 Sovereigns and denizens: camp governance and ‘the refugee’ 80 National policies and the ‘discourse of danger’ 82 Spatial ordering and ownership 87 International protection and the refugee as victim 88 Promoting self-reliance 91 The de-legitimizing local sovereignty 94 Refugee governance: the role of ‘non-state actors’ 97 6 The struggle for ownership of justice 103 Camp justice 106 Process: the pursuit of order 108 Sanctions 109 Legitimacy 111 ‘We must go step by step’: sociological legitimacy 113 The ‘due process critique’: human rights as trumps 114 NGOs and the rule of law orthodoxy 117 Legal Assistance Centres 118 Downloaded by [University of Defence] at 21:28 09 May 2016 Harmonizing camp rules and Thai law 119 Referral to Thai courts 123 ‘One nation, one law’ 124 A tentative counter-critique 126 7 Enacting interlegality: human rights and local justice 132 Culture and rights 132 Women’s rights as human rights 135 Contents xi Sexual
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