Governing refugees : justice, order, and legal pluralism / Kirsten McConnachie.
2014
KPT485.R43 M33 2014 (Map It)
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Details
Author
Title
Governing refugees : justice, order, and legal pluralism / Kirsten McConnachie.
Published
Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2014.
Call Number
KPT485.R43 M33 2014
Former Call Number
Thai 917 M45 2014
ISBN
9780415834001 (hardback)
0415834007 (hardback)
9780203426777 (ebk.)
0203426770 (ebk.)
113505133X (electronic bk.)
9781135051334 (electronic bk.)
0415834007 (hardback)
9780203426777 (ebk.)
0203426770 (ebk.)
113505133X (electronic bk.)
9781135051334 (electronic bk.)
Description
xv, 200 pages ; 24 cm.
System Control No.
(OCoLC)859168746
Summary
"Governing refugees examines the themes of community governance, order maintenance and legal pluralism in the context of refugee camps. 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 significant impact on the lives of refugees but which also speaks to deeply important questions of law and politics, including the production of order beyond the state, justice as a contested site, and the influence of transnational human rights discourses on local justice practice. Focusing specifically on the refugee camps along the Thai-Burma border, this book sheds light on the reality of life in a refugee camp, through exploring the historical evolution and practice of dispute resolution, and examining the ways in which this 'traditional' practice is altered by the influence of new norms encountered during encampment, particularly international human rights law and the law of the host state. Refugee camps are imbued in the public imagination with assumptions of anarchy, danger, and refugee passivity. Governing Refugees marshalls empirical data and ethnographic detail to challenge such assumptions, arguing that refugee camps should be recognised as spaces where social capital can not only survive, but thrive."-- Provided by publisher.
"This book studies justice and governance practices among Karen refugees from Burma living in camps in Thailand"-- Provided by publisher.
"This book studies justice and governance practices among Karen refugees from Burma living in camps in Thailand"-- Provided by publisher.
Note
"A GlassHouse book."
Bibliography, etc. Note
Includes bibliographical references (pages 165-190) and index.
Record Appears in
Table of 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: conflict 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
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
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
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
Sexual violence in refugee situations
135
Defining sexual harm: adultery, rape and domestic violence
137
Reporting and accountability
139
Translating `SGBV'
141
Youth delinquency and intergenerational relations
144
Delinquents or victims?
145
Why now? Moral panic and an `othering' of deviance
147
The impact of rights: claims-making and forum-shopping
149
8.
Beyond encampment
155
Overcoming ambivalence and the limits of self-reliance
160
Nothing about refugees, without refugees
162
References
165
Index
191