Category Archives: law

Harmony Ideology at The Hague. New Blog Post for Public Anthropologist

Together with Felix Girke, I have just published another op-ed piece on the genocide case currently pending at the International Court of Justice (ICJ) in The Hague. There, The Republic of The Gambia has filed a case against Myanmar, accusing the country’s army of having committed genocide of Muslim Rohingya. We have published on this issue also at OpenDemocracy, focusing on the figure of Aung San Suu Kyi herself, who has decided to act as the “Agent” of a high-profile team of lawyers. While her status as an ‘icon of democracy’ is unbroken within the country, especially in Western countries, commentators are grappeling with what they perceive to be a sudden and unexpected shift in her personality since she became “state counsellor”. However, as I have argued in 2017 already, this is in line with how she has always been doing politics.

Yangon, 10. Dec 2019. © B. Mette-Starke

In our blog post for Public Anthropologist, we take a look at Aung San Suu Kyi’s speech at the ICJ on December 11 2019. We argue  that she employs “harmony ideology,” a concept coined by the legal anthropologist Laura Nader in the 1990s, based on her work among the Talean Zapotec in southern Mexico in the 1960s. Later, Nader applied her new terminology to so-called alternative dispute resolution (ADR)-cases in the United States of America.

“Harmony ideology”, so Nader, needs to be understood as a counterhegemonic force with which her Zapotec villagers tried to keep the Mexican state at bay. By pretending that they are a harmonious people and capable of dealing with their disputes internally, they tried to fend off any outside interference. In ADR-cases, Nader showed how “harmony ideology” was used to “outsource” dispute cases that judges thought to be too irrelevant for to be decided in state courts. In the case of Myanmar at the ICJ, however, Felix Girke and I argue that

Aung San Suu Kyi acted as if her country were a southern Mexican village, needing protection from illegitimate legal governance that interfered with its internal affairs, while at the same time embodying the very state apparatus that is now internationally accused of having committed genocide against its own population.

While the Talean Zapotec might have had effective measures for local dispute resolution and good reasons to keep the state courts at bay, the atrocities committed against the Rohingya and the poor record of Myanmar to police itself suggest that Suu Kyi’s harmony ideology at the ICJ is sorely misplaced, we argue. Read the full post over at Public Anthropologist.

Aung San Suu Kyi goes to court

On December 8 2019, Open Democracy’s Transformation-series published an op-ed written by Felix Girke and me on the upcoming court hearing between The Republic of The Gambia and Myanmar in The Hague at the International Court of Justice (ICJ) from December 10-12 2019.

Flickr/Jason. CC BY-NC 2.0.

No other than Aung San Suu Kyi, the “State Counsellor” of Myanmar will be travelling to the Netherlands to personally respond to an international case that has been put forward by The Gambia on behalf of the Organization of Islamic Cooperation (OIC). The case concerns atrocities committed against Rohingya Muslims since 2016 by the Myanmar army.

Felix Girke and I argue  — contrary to much current reporting in Western news — that it is not surprising but in line with how Aung San Suu Kyi has been doing politics ever since she returned from the UK in 1988, that she personally wants to attend and respond to this case.

What counts as political in Myanmar is deeply personal: “the focus of her personal engagement is not the world, but her own country. She shoulders the burden … but at the same time avoids the hard task of changing Myanmar’s trajectory” we argue.

Read the full article over at Open Democracy.

Upcoming term 2019/20: Teaching on Indigeneity and Law

This winter term I will be teaching a course on indigeneity and law for our BA-students at the University of Konstanz.

While in the colonial era the alleged “backwardness” of  “natives” or even  “savages” was taken as an opportunity to deny them their right to their land, today “indigeneity” is a term used by indigenous people themselves in order to assert their rights (to land, natural resources, cultural self-determination, etc.).

In this seminar, we explore the nexus of indigenity and law by reading anthropological texts on indigeneity (and related concepts such as ethnicity). On the other hand, we learn about legal sources for such claims-making through which the rights of indigenous peoples get articulated in recent decades (for example UN resolutions, current court decisions, …).

We will also read two different types of (auto-) ethnographic texts: on the one hand the life story of a Guatemalan indigenous woman, Rigoberta Menchú (Burgos / Menchú 1984) and on the other the recent monograph of the indigenous anthropologist Audra Simpson (2014) “Mohawk Interruptus. Political life across the borders of settler states “to the Kahnawà: ke (Haudenosaunee / Iroquois Confederation) in Quebec.

The aim of the seminar is to be able to trace  historical and current connections between processes of Othering and those of Self-culturalization in the name of “indigeneity” from an anthropological perspective, as well as to understand the central role of law in doing so.

Here is the syllabus of the seminar.

Thematic Thread for Allegra Lab on Statelessness, Displacement and Disappearance

For Allegra Lab, I curated a thematic thread on the topic of Statelessness, Displacement and Disappearance. Together with Catherine Allerton, Alice Wilson and Siri Lamoureaux we explore these categories in a total of four blog posts with a focus on who can claim justice on whose behalf and in regard to the various ways in which uncertainty and accountability are being processed.

This thematic thread evolved out of a workshop on Claiming justice after conflict. The stateless, the displaced and the disappeared at the margins of the state, co-organized by Yazid Ben-Hounet (Paris) and myself. The presenters consisted of anthropologists and sociologists and convened for a full day on March 15, 2019, at the École des Hautes Études en Sciences Sociales (EHESS) in Paris.

In my introduction to this week-long thematic thread, I show in what ways statelessness, displacement and disappearance have become familiar and inescapable features of contemporary politics worldwide. The question of who can claim justice on whose behalf is first of all a question of representation, but also touches on scale, resources and access.

In the first post, Catherine Allerton engages with statelessness and the problem of the invisibility of migrant children and their families in Sabah, Malaysia. Their stories are about vulnerability as much as they are about resilience. Employing the concept of “documentary pragmatism,” Allerton explains that for her interlocutors, the goal is “being safe” rather than being documented.

statelessness

In  my own post I explore the relation between accountability and statelessness. First, by investigating the case of expert activists in Europe who have declared a fight against statelessness by trying to hold nation states accountable. Second, I look at asylum cases in the UK where stateless individuals have to give accounts of themselves. I argue that while expert activists demand accountability from nation states, it is nation states who demand accountability from stateless people.

 

If people cannot make claims vis-à-vis the state at all, we pondered the question of what they might be doing instead. One option that Alice Wilson explores in her post is a shift in the very discussions people are having about disappearance: in her case in the context of Oman’s southern Dhufar region. She argues that the possibilities for claims-making, and its potential success, vary within different political environments.

Finally, Siri Lamoureaux explores in her post on displaced Nuba women in Sudan women’s options such as public shaming and the accusation of perpetrators by the so-called “Nubian Queens.” In light of the recent events her post bears particular urgency. Drawing on long-term fieldwork, she then asks “Where are the Nuba queens”, namely those women who “due to (pre/post)colonial histories of divide and rule, and unequal centre-periphery socioeconomic relations, have never donned a white towb?” that has become so emblamatic of the ongoing protests.  “Without denying the sacrifice and suffering of elite women in the protests, displaced women have suffered immeasurably from the Sudanese government’s policies”, she argues.

You can find all posts of this thematic thread here.

 

Teaching on Conflict Resolution

In addition to a course on statelessness at our BA-level, I am also teaching a course on conflict resolution for our MA-students this summer term. Both courses fall under the subdiscipline of legal anthropology, which is my specialization. I am looking forward to exploring legal anthropological and legal sociological approaches to this important topic. We’ll start out by laying the theoretical ground, differentiating between conflicts and disputes, between adjudication and settlement, and between the various institutions that can be addressed for actors intending to file complaints and grievances.

In the seminar, we will also have a guest lecturer, who is the current acting Ombudsman (*woman, that is) of the University of Konstanz. Together with her, we will explore  the different possibilities the university provides in terms of mediation and solving disputes and conflicts.

The first part of the seminar is focused on classical publications on conflict and dispute resolution that drew on ethnographic data gathered in a colonial context (Gluckman, Gulliver). After a critique of this type of literature (Spittler), we will read and discuss a case study on a village in Bavaria (Todd) to turn the ethnographic gaze onto ourselves.

We will then familiarize ourselves with the important concept of “harmony ideology” (Nader) within the context of “alternative dispute resolution” (ADR).

Laura Nader

Through a series of more recent publications, we will approach conflict and dispute resolution in the contemporary era, starting with sharia councils in the UK (Billaud), neotraditional courts of elders in Kyrgyzstan (Beyer), and the particular set-up of international bodies such as “special courts” aimed at conflict resolution in Sierra Leone (Anders).

Here is the syllabus of the seminar.

Teaching on Statelessness

This summer term, I will be back at my University, teaching one course on “Statelessness” at the BA-level for our anthropology and sociology students.  I am particularly looking forward to the two  guest lectures: One by Felix Girke (University of Konstanz) who will be exploring how anthropology has traditionally worked with “stateless” people during colonial times and what has happened in areas and to people in South Omo in Southern Ethiopia where the modern state had been absent for a long time, but has now become a cruel force.

The second guest lecture will be given by Kerem Schamberger from the University of Munich and a political activist, who will present his new book “Die Kurden. Ein Volk zwischen Unterdrückung und Rebellion” (together with Michael Meyen) during the seminar.

 

 

 

Here is the course syllabus (in English, the seminar will be held in German)