I Fought the Law (and the Law Won)

Episode #152: Kristina Simion’s book, Rule of Law Intermediaries, looks at the complex transition period of the 2010s in Myanmar, when dramatic changes were sweeping across the country. Simion notes how even though real substantive change actually didn’t take place, there remained a sense of optimism that finally there would be some pathway leading out from under the military’s half century of oppression.

Simion weaves her narrative primarily through the perspective of the “rule of law.” While development actors usually see transformational rule of law policies as way to help create a more equitable society, many Burmese actually felt quite differently. They were generally suspicious after decades of oppressive military rule, when “the law was always seen as a tool from the rulers to oppress the population.” Ironically, military figures delighted in the concept, which they took to mean “law and order,” and which they appropriated to justify their stranglehold on individual freedoms and liberties.

In trying to better understand the exploitative nature of military rule, Simion examines the system they inherited from the colonial period. The British imposed less a legal system than a type of “regulated control and brutality.” Many colonial laws, including the more restrictive ones, stayed on the books after independence, and the Tatmadaw later operationalized them to justify and strengthen their oppression—and which they have once again resorted to since the coup.

Simion’s study also centered on the “intermediary.” During the transition period, with the lack of formal systems yet in place, the rush of foreign development actors who flooded into the country needed to rely on personal contacts—intermediaries—to get their projects off the ground. Intermediaries not only guided conversations, but were responsible for finding the appropriate personal connections and making necessary introductions, etc. Simion wryly notes that it begs the question of who was actually leading the projects!

Since the coup, Simion has been impressed with how activists have shown a keen interest in the rule of law and transitional justice mechanisms. Incredibly, even as they are resisting the Tatmadaw and simply trying to survive, many are taking virtual classes with Simion on these complex yet important topics. She conducts training courses with people hiding in the jungle who want to learn more about principles for lawmaking, and tutors others about Constitutional reform, who are already looking ahead to ensure that ethnic minorities are protected in a new, post-Tatmadaw Myanmar.