Category Archives: Central Asia

New publication: The state of custom

Together with Felix Girke I published an article in the German Journal of Law and Society / Zeitschrift für Rechtssoziologie as part of a special issue on the occasion of the journal’s 40-year anniversary.

Our article is a re-reading of the German anthropologist Gerd Spittler’s article “Dispute settlement in the shadow of Leviathan” (Streitschlichtung im Schatten des Leviathan) which was published in the journal in 1980 as part of the inaugural issue. In this article, Gerd Spittler strives to integrate the existence of state courts (the eponymous Leviathan’s shadow) in (post-)colonial Africa into the analysis on non-state court legal practices.

We walk the reader through his text (which has only been published in German) and then ask how has the situation he describes for (post-)colonial Africa in the early 1980s has changed in the last four decades. We relate his findings to contemporary debates in legal anthropology that investigate the relationship between disputing, law and the state. We also show through our own work in Africa and Asia, particularly in Southern Ethiopia and Kyrgyzstan in what ways Spittler’s by now classical contribution to the field of legal anthropology in 1980 can be made fruitful for a contemporary anthropology of the state at a time when not only (legal) anthropology has changed, but especially the way states deal with putatively “customary” forms of dispute settlement.

The article is currently accessible through open access on the journal’s website.

Interview with Al Jazeera on statelessness, human rights, Myanmar, Kyrgyzstan

Why are human rights defenders being targeted?” asked Al Jazeera Rajat Khosala from Amnesty International, a specialist for advocacy and policy, Tobi Cadman an International Human Rights Lawyer and myself. Al Jazeera’s “Inside Story” draws a bleak picture of the human rights situation worldwide with repression in authoritarian states increasing. Human rights defenders are particularly being targeted. I reported about the current situation of human rights activism in Kyrgyzstan and Myanmar where we have just witnessed a military coup. I also spoke about the situation of the 10-15 million de-facto stateless people worldwide who cannot even claim human rights as they lack a nationality.

“Why are human rights defenders being targeted?” Al Jazeera, February 5, 2021.

I explained the difference between de jure and de facto statelessness and emphasized that the roles of the state system and that of the United Nations need to be rethought when it comes to statelessness in particular and how we can all ensure the adherence to human rights in general. We also touched upon the importance of staying connected digitally as activism is increasingly being carried out online.

“Sprechstunde” – neues Interview

Die Interviewreihe “Sprechstunde” der Universität Konstanz stellt ProfessorInnen aller Fachbereiche persönlich vor – als WissenschaftlerIn und als Lehrperson. Hier gebe ich Auskunft über meine Professur, meine Forschungen in Zentral- und Südostasien, mein neues Forschungsprojekt zu Staatenlosigkeit in Europa, sowie über unseren interdisziplinären Masterstudiengang “Ethnologie und Soziologie”, der einzigartig in Deutschland ist.

In honour of Baiyz Apa (1927 – 2020)

On January 27, 2020 at 4.20am, my  beloved Kyrgyz grandmother, Baiyz Apa, passed away. She had been waiting for this moment for the last five years, asking Kudai (Allah) to please bring her home. I lived in her home for one and a half years between 2005 and 2006 and have frequently returned in 2008, 2010, 2015 for further ethnographic research and whenever it was possible. The last time I “saw” her was in December 2019 when her great-grandchildren recorded an Instagram videomessage of hers for me. Who would have thought this to be possible? I carried out research at a time when there were only two telephones in the  village: one at the mayor’s office and one at the peregovornyi punkt – the post office. Both almost never worked. When I wanted to talk to my parents or grandparents in Germany, I needed to travel for 40km into Talas town and hope for either a mobile signal or use one of the telephones there … Now Baiyz Apa was on Instagram, telling me that we have not seen each other in a long time. She was right. I could see that she was very weak but her mind was sharp as always. I showed her message to my son, whom she named when he was born. She gave me two options — Aralbek or Zhangybek — the first indicating the child to be the  “leader” of Aral, the village we all lived in, the second meaning that of a “new leader.” Of course I chose the second.

It was through her blessing, I believe and she believed, that he came into the world. I remember very clearly how I had asked her in 2010 to please give me a bata so that I would give birth to a child. And she did. But beyond her blessing, Baiyz Apa has given me many other things: It is through her that I truly came to understand what growing up in one of the remotest parts of the Soviet Union must have meant for a woman. It was through her that I understood that as a woman one can do ANYTHING. She gave birth to 11 children … the first 4 died. After the fourth death, she consulted with the village imam at a time when “being a Muslim” was forbidden in Kyrgyzstan. He advised her to pray — so she began to learn to “read namaz” five times a day and thanks to Allah, her fifth child — a boy — lived. After him, she had six other children and also adopted a daughter.

It was probably half way into my fieldwork (which was devoted to understanding legal pluralism in Kyrgyzstan) that I realized how interesting Baiyz Apa’s life history was. And I asked her whether she would like me to write it down for her. She said “if it helps you with your work, I will.” And so it was not out of self-interest, but of generosity that she agreed to dig deep into her memories and tell me story after story after story for weeks on end.

I had been smart enough not to impose a linear structure onto the way she was telling her life story by not asking her to go back as far as she remember and start from there until we would have reached the present time. In contrast, I had asked her to start from the most important event in her life. What was she most proud of? And she began to talk about how she had managed to marry off all of her children as a single working mother. Her husband had been much older than her and had died early, so that she was left with the burden of not only working full time in the Kolchoz, but also raising her children alone, being responsible for her household and —  everyone familiar with Central Asia knows how difficult this is — finding money and ways to participate in the life-cycle rituals: births, birthdays, graduation ceremonies, marriages, funerals, mourning rituals, to only name the most important ones. I also vividly remember her story about how much she wanted to go to school and how she walked for hours on end from the pasture down to the valley each morning in the dark to attend the village school there, together with only boys. How she was married to a man much older than her since all younger men had gone to the war — partly fighing in Germany — maybe against my own grandfather at the time.

I will always remember  Baiyz Apa for her straightforwardness. In Kyrgyzstan, it is sometimes not customary to tell things as they are — something I learned the hard way, being extremely straightforward myself. But we were very much alike in this way. She would speak out and she would speak up. When once a thief stole the potatoes out of her house’s cellar during spring, she faced him after the villagers had caught him; and while he had returned all the sacks and wanted to ask for forgiveness, she made him take them back and plant them on his own land. Her family was not happy about this as these potatoes had been meant for planting and it is on the potato harvest that villagers in Aral base their life-cycle economy. But she would no longer have what a thief had touched, she said. She was strong- willed and proud, that way …

Baiyz Apa refused to speak Russian during the Soviet Union although she perfectly understood. She never bowed down to authorities. When she worked in the Kolchoz as an accountant (schetchik), she managed to go around ‘the system’ without entering into moral conflict with her religious belief to which she sticked no matter how unusual it must have been for a woman to pray while the state preached atheism. She worked on an opium plantation in the mountains, she drove a tractor, she flew to the southern part of the country at a time when many women had never even set foot outside of their villages.

Most of all, however, she was the kindest, funniest person I came to know in Kyrgyzstan. I will never forget how the night before one of my departures from Aral, she had worked until the morning hours  to finish a shyrdak and a töshök — two traditional Kyrgyz carpets and cushions — for me to take home. Her daughter-in-law had told me how she dripped black tea into her eyes to “stay awake.”

Baiyz Apa is home now. I am happy for her. She told all of us not to cry for “an old woman.” Usually I listened to her, like a good daughter or granddaughter would. But in this case I cannot. I will always miss her and I am grateful to have met her.

Her life history which I wrote down was published in Kyrgyz in 2010. I release the pdf-file of her book Baiyz Apanyn Zhashoo Tarzhymaly here – in honour of Baiyz Apa and for everyone to read, beyond Aral and the other villages where the book has been distributed to.

Anyn arty kairluu bolsun!

 

 

Keynote on “Little and Grand Narratives in Central Asia”

Keynote speech “Little and Grand Narratives in Central Asia”

Held at the Conference “Central Asian Studies Inside Out. Challenging Grand Narratives”, organized by l’EHESS and ZMO (Berlin). March 28, 2019. Paris.

In this keynote speech, I engaged with the conference topic of “challenging” and even “disturbing” “Grand Narratives” through an investigation of the tradition of orality and the usage of oral history in Central Asia. These are two interlinked endeavours, as oral tradition has been investigated “as history” (Vansina) and oral history understood as “the voice from the past” (Thompson). Anthropologists (of Central Asia) investigate tradition as “a site of necessary engagement that aggregates people, … informs policy, public debates, law, and representation, and is – despite its often enough strategic inception – affectively powerful” (Beyer and Finke forth. in Central Asian Survey). Examples from Central Asia show how “oral tradition”, especially when mediated by state and media apparatus, can take on “grand narrative” qualities. Moreover, in contrast to how oral history has been treated in the past, namely as history “from below”, of “the everyday” and by “the little guys” (Graeber), thus as “little narrative”, as I call it, it is worth exploring in what ways this method of ethnographic and historical inquiry has the capacity to yield “grand” results.

 

Interview with the ASN

In 2007 I attended one of my first academic conferences, the Association for the Study of Nationalities (ASN)-Conference in New York, which is held yearly at Columbia University. I enjoyed travelling to New York as I had lived in this city for one and a half years in 1997-1998. It gave me a chance to see friends and my former host family.

I thoroughly enjoyed the conference, particularly meeting colleagues I had gotten to know during my field research in Kyrgyzstan (2005-2006) and, for the first time, seeing “big names” in person whose work I had read as a graduate student and when preparing for my PhD-project. I presented a paper on the imagination of state law in Kyrgyz aksakal courts (lit. courts of elders) — the first part of my ethnographic data I decided to work with. I did not expect winning an award for this that early, but I guess part of the reason why I won is that I just followed my intuition to start with the most fascinating part of ethnography that I gathered during my field research.

Here is the interview with ASN – go check out their new website, too! You will find more interviews with other scholars as well as a bunch of new resources.

Judith Beyer Interview

April 2, 2019

In 2007, Judith Beyer wrote an award winning paper on Kyrgyz legal pluralism. Today her academic focus also includes Myanmar and issues of statelessness.

ASN19 Judith Beyer

ASN: In 2007 your paper “Imagining the State. How perceptions of the state influence customary law in two Kyrgyz communities” won one of the Best Doctoral Students Awards. What was the inspiration for this paper?

JB: I had just returned from 15 months of fieldwork in rural Kyrgyzstan and had to decide which part of the data that I had gathered I wanted to work with first. I decided to start with an extended case study I had found particularly intriguing. Part of my research had been devoted to understanding the type of work of the so-called “aksakal courts” (lit. “courts of whitebeards”, i.e. male elders) in the two villages I was working in. This institution can be described as neo-traditional, although the figure of the “whitebeard” and the assumption that (male) elders, in their roles as household or lineage heads, are capable of solving local disputes, goes back centuries in Kyrgyzstan. The paper drew on a particular case I had participated in, centred on questions of divorce, remarriage, separation of property and child support. What intrigued me most, however, was how – in a rural setting where “the state” was experienced as absent, where the end of the Soviet Union had resulted in the demolishing of the social security system, where there was no police and no formal state court – the local court of elders engaged in what I call “performing the state” by replicating what they imagined to be state court procedures. “There is no state here anymore” was a sentence I regularly heard from my informants. Thus, feeling left to their own devices, the aksakalshad to handle their new role as judges by themselves, a role into which they were pushed by new laws on local dispute resolution, enacted after the country had become independent in 1991. In court sessions they tried to create the appearance of a state court and introduced procedures they claimed were derived from state laws. They also invoked the state apparatus as a threat, specifically when people did not want to heed their decisions. While the institution of the aksakalcourt had been explicitly set up in each village of the country to allow adjudication according to “customs and traditions” as a special law on the aksakalcourts stipulated, the elders acted out imagined state law instead.

ASN: What stage in the graduate program were you at the time?

JB: I was a PhD candidate at the Max Planck Institute for Social Anthropology, where I was a member of the working group “Legal Pluralism” headed by the legal anthropologists Franz and Keebet von Benda-Beckmann. I was also enrolled as a PhD student at the Martin Luther University Halle-Wittenberg from which I then graduated in 2010.

ASN: What happened to this paper?

JB: I published a first version as a Working Paper and a later version appeared in an edited volume entitled “Ethnographies of the state in Central Asia” in 2014 with Indiana U Press, which I co-edited with Madeleine Reeves and Johan Rasanayagam. I also use the ethnographic material in a chapter of my monograph “The force of custom. Law and the ordering of everyday life in Kyrgyzstan” which I published in 2016 with the U of Pittsburgh Press.

What is your current position?

In October 2014 I have been appointed Professor of Anthropology (tenure track) at the University of Konstanz in Germany.

What projects are you working on now?

From 2010 onwards, I developed a new regional interest in Asia, starting fieldwork in Myanmar. There, I work in Yangon, the former capital of the country, a metropolis of seven million people – quite a change of scenery compared to the Kyrgyz village I used to live in! My interest lies in understanding the positioning of religious and ethnic minorities in this city, particularly Hindu and Muslim groups, their histories of migration from India in the 19th century as part of the final expansion of the British Empire, and their current political situation in a de facto Buddhist state which has had a long history of repressing minorities, particularly Muslims. I am specifically interested in understanding my informants’ strategies of acting as “communities” in order to secure their religious properties as well as to keep a realm of autonomy and self-determination in an increasingly hostile environment. There are, however, numerous overlaps to my research in Central Asia and I have begun to publish comparatively by drawing on my insights from Kyrgyzstan. Most recently, for example, an article on the concept of “transition” that has been so central in scholarly analyses of the entire post-Soviet world and that has now migrated from Central Asia (where I encountered it first) to Myanmar. The article is called “’Transition’ as a migratory model in Myanmar” and has been co-published with Felix Girke.

I am also working on new projects related to the issue of statelessness, both in Myanmar and in Europe. Since statelessness is a problem in Central Asia as well, there might be future possibilities to again link my different field sites with each other.

New Publication: On ‘the transition’ – in Myanmar and beyond

In a new publication in the Journal of Burma Studies (2018; 22/2), together with Felix Girke, I am returning to an old topic of mine: a critical investigation of the so-called ‘transition paradigm’, which I have explored in the context of post-Soviet Central Asia during the time of my doctoral research. I have published on this topic already in 2006 here, drawing on my data from Kyrgyzstan. In this new article, Felix and I are tracing the genealogy of the transition paradigm across disciplines, regions and decades from Latin America in the 1960s, via Southern Europe in the 1980s, Central Asia in the 1990s to contemporary Myanmar. We argue that

[the transition paradigm] has the potential to become a ‘god-term’ (Burke) as it did in other places … Burke suggests that a god-term is treacherous in that it ‘explain[s] too little by explaining too much (1945:107).

Challenging the concept’s current status within the subfield of Myanmar/Burma studies, our task in this article is to alert a regionally interested and educated audience to debates that have been going on elsewhere already decades ago. Offering the framework of conceptualizing transition as a ‘migratory model’ (drawing on Behrends, Rottenburg and Park 2014), these are some of the questions we ask in the article.For a full version of the article, see here (paywalled; for a pdf contact me!).

 

Paris 2019. Lectures, Conference, Keynote

Conférences de Judith Beyer (University of Konstanz), Professeure invitée de l’EHESS, Chaire sécable de l’Institut d’études de l’Islam et des sociétés du monde musulman
 

1. The force of custom. Law and the ordering of everyday life in Kyrgyzstan

In this talk, I offer a unique critique of the concept of ‘postsocialism’, a new take on the concept of legal pluralism, and a plea to bring ethnomethodological approaches into correspondence with ethnographic data. Drawing on a decade of anthropological fieldwork and engagement with Central Asia, I will focus on describing how my informants in rural Kyrgyzstan order their everyday lives and rationalize their recent history by invoking the force of custom (Kyrgyz: ‘salt’).
Although ‘salt’ is often blamed for bringing about more disorder and hardship than order and harmony, as I will exemplify with the example of mortuary rituals, it allows my informants to disavow responsibility for their actions by pushing a model of ‘how things get done here’ to the front. Invoking ‘salt’ enables actors even as they claim to be constrained by it, it opens up possibilities to conceptualize, classify, and contextualize large- and mid-scale developments in an intimate idiom. It also is a way to communicate to others that one is an expert in and of one’s own culture. An ethnomethodological perspective, as I pursue it, challenges a conception of social order as hidden within the visible actions and behaviours of members of society. Rather, it examines how members produce and sustain the observable orderliness of their own actions.

  • Le 12 mars 2019 de 16h à 18h – Université Paris-Nanterre, Département d’anthropologie, salle E105, 200, avenue de la République, 92001 Nanterre

2. The arrival of the Indian Other. On classifying minorities in Burma

Migrants from India have arrived in Burma from pre-colonial times onwards up until the Second World War. They crossed the Bay of Bengal out of personal economic endeavours, but having been categorized collectively by the British colonial state already before they embarked on the steamships to Rangoon, their collective identities travelled with them. Next to looking for work, other migrants relocated there to make use of parcels of land that were given to them as a reward for their services in the colonial apparatus or in the Indian army; yet others took up positions in the higher echelons of the administration in Burma. These people entered a Buddhist polity that had been shaped by centuries of hierarchical modes of royal governance – one which included Muslims and other ethno-religious minorities. This talk traces the different types of classifications and reclassifications that were projected onto and subsequently appropriated by ‘Indian migrants’ in order to shed light on the current situation of ethno-religious minorities in contemporary Myanmar, particularly in the city of Yangon.

Dans le cadre du Séminaire “Dialogues entre recherches classiques et actuelles sur l’Asie du Sud-Est

  • Le 14 mars 2019 de 10h à 12h – EHESS, SR 737, 54, boulevard Raspail, 75006 Paris

3. Accountability and justice in asylum claims. Debating the issue of Rohingya statelessness in British courts.

Accountability is a reflexive technique by means of which actors realize and lay claim to their actions. In order to be recognizable, accountability “depends on the mastery of ethno-methods” (Giddens 1979: 57; 83). If, as Garfinkel put it, “[a]ny setting organizes its activities to make its properties as an organized environment of practical activities detectable, countable, recordable, repeatable, tell-a-story-aboutable, analysable – in short, accountable” (1967, 33; italics in original), then so-called ‘screening interviews’ in asylum cases of stateless Rohingya are a challenge to this principle as they are defined by non-knowledge about the other. When UK border agents and Rohingya meet, their ‘membership’, which forms the basis of all co-production of action (and knowledge) in ethnomethodology, needs to be established ad hoc in the interview situation. What we can learn from those ‘first contact’ encounters and the subsequent travelling of a Rohingya asylum seeker’s file through the court system, is, I argue, how accountability is constantly being produced through interaction and how, as an important by-product of this production process, not only a ‘case’ is decided, but also the validity of the state’s own account is rendered plausible.

Dans le cadre de la conférence co-organisée par Yazid Ben Hounet et Judith Beyer “Claiming Justice after Conflict: The Stateless, the Displaced and the Disappeared at the Margins of the State”

  • Le 15 mars 2019 de 10h15 à 11h15 – FMSH, Salle A3-50, 54 Bd Raspail 75006 Paris

4. On little and grand narratives in Central Asia

In this keynote speech, I engage with the conference topic of “challenging” and even “disturbing” “Grand Narratives” through an investigation of the tradition of orality and the usage of oral history in Central Asia. These are two interlinked endeavours, as oral tradition has been investigated “as history” (Vansina) and oral history understood as “the voice from the past” (Thompson). Anthropologists (of Central Asia) investigate tradition as “a site of necessary engagement that aggregates people, … informs policy, public debates, law, and representation, and is – despite its often enough strategic inception – affectively powerful” (Beyer and Finke forth. in Central Asian Survey). Examples from Central Asia show how “oral tradition”, especially when mediated by state and media apparatus, can take on “grand narrative” qualities. Moreover, in contrast to how oral history has been treated in the past, namely as history “from below”, of “the everyday” and by “the little guys” (Graeber), thus as “little narrative”, as I will call it, it is worth exploring in what ways this method of ethnographic and historical inquiry has the capacity to yield “grand” results.

Dans le cadre de la Conférence “CASIO 2.0 : Disturbing Grand Narratives” organisée par l’EHESS et ZMO (Berlin).

  •  Le 28 mars 2019 de 10h à 12h – PSL, Salle du Conseil, 60, Rue Mazarine, 75006 Paris.

Going back to Paris …

In the middle of my ongoing sabbatical, there is some light at the end of the (writing) tunnel:

I will be going back to Paris for a month, almost exactly a year after my last one-month stay.

From March 11 until April 11 I will be staying again at the Maison Suger, writing my book on ethno-religious minorities in Myanmar. My host this time will be the Institut d’études de l’Islam et des sociétés du monde musulman and I will be invited as a Professeure invitée together with other international scholars.

My task is to give a series of four lectures which I will focus thematically on the roles of Muslims in Asia, most generally. One presentation will be directly on my new Myanmar project, the second will be on legal pluralism in Central Asia. The third is a keynote I was invited to give in the frame of a conference on “Grand Narratives in Central Asia” in which I will focus on the role of oral history. The final lecture will be a first attempt to bridge to my newest project which aims at investigating the issue of statelessness in Europe, working with case material concerning Muslim Rohingya from Myanmar who are applying for asylum in the UK.

For the official press release of the University of Konstanz see here.