Whose law, whose justice? Legal pluralism and federalism in post-coup Myanmar

Whose law, whose justice? Legal pluralism and federalism in post-coup Myanmar

The post-2021 political crisis of Myanmar has intensified longstanding questions about law, authority, and justice. Rather than producing a legal vacuum, the crisis has brought different forms of legal authority into sharper view. State institutions, ethnic governance systems, customary authorities, community-based mechanisms, and emerging resistance institutions operate simultaneously, often with overlapping or contested claims to legitimacy. This talk examines these dynamics through the lens of legal pluralism, focusing on how multiple legal orders shape access to justice, human rights protection, and everyday governance, particularly in ethnic and conflict-affected areas. It considers not only the tensions between statutory, customary, and non-state legal systems, but also the broader implications of these relationships for debates on federalism and the distribution of legal authority in Myanmar. A central concern is how diverse legal systems can be recognised within a federal framework while maintaining meaningful safeguards for equality and fundamental rights. By bringing together questions of legal authority, justice, federalism, and rights protection, the discussion offers a socio-legal perspective on the changing structure of law and governance in post-coup Myanmar.

Speaker

Kyaw Lwin is a Myanmar higher-grade pleader, legal researcher, and policy practitioner whose work focuses on law, human rights, federalism, transitional justice, and governance in Myanmar. He holds a Master of Public Policy from Chiang Mai University and a Master of Arts in Human Rights from Mahidol University. He serves as Head of the Research Centre at Irrawaddy Law School. His research and professional work have examined judicial reform, legal and constitutional policy, land governance, community-based dispute resolution, gender and human rights, and governance in conflict-affected areas.

Chair

Zaw Yadanar Hein, zaw.hein@anu.edu.au

The ANU Myanmar Research Centre Dialogue Series is a conversation concerning current research on Myanmar aimed at providing scholars with an opportunity to present their work, try out an idea, advance an argument and critically engage with other researchers. International and Myanmar researchers from any discipline are invited to contribute. The Dialogue Series is particularly seeking to provide a space for early career researchers wishing to receive constructive feedback. Each dialogue is one hour long, including a 30-minute presentation followed by a 30-minute Q&A. As a hybrid series, the Dialogues are presented in both virtual and in-person format, hosted by the ANU Myanmar Research Centre.

Image by Dave Hopkins