Rule of Law in the Colonial Period
In a recent podcast conversation with Kristina Simion, a rule of law expert who spent years during the transition period in Myanmar, she reflected on the legacy of the British colonial era regarding the understanding of justice today.
“The British colonial powers introduced new systems of governance that were characterized by regulated control and brutality.”
Host: To gain insights into the current understanding of the rule of law in Myanmar and its historical precedent, we need to reflect on Myanmar's colonial past under British occupation. The British colonial legacy has significantly influenced the understanding of the rule of law in Myanmar, particularly during the period of past military dictatorships. Can you elaborate on how we can understand the concept of ‘rule of law’ during the British occupation?
Kristina Simion: In many instances, the British colonial powers introduced new systems of governance that were characterized by regulated control and brutality. They implemented new laws and legislation, ostensibly motivated by a belief in the rule of law, but primarily driven by economic interests. Existing social norms and legislation were often classified as customary law or non-state practices, separate from the British system. Numerous legislations were enacted during this period, and some of these laws, such as criminal codes and the Criminal Procedure Code, still remain in effect in present-day Myanmar! However, applying such antiquated legislation to contemporary criminal cases is problematic. The British introduced a common law system, which forms the basis of British law, but it now coexists with other legal traditions, resulting in a hybrid legal system and legal pluralism in Myanmar. This British system, though labeled as the rule of law, was primarily used as a means of territorial control and did not necessarily benefit the people. Consequently, the usage of the term "rule of law" by subsequent actors becomes problematic. It is noteworthy that the current military in Myanmar, both historically and presently, has modeled many of its law and regulatory practices on the British system. In the aftermath of the recent coup, it is intriguing to observe the military's obsession with law, regulation, and court proceedings, seemingly aiming to project an illusion of justice and adherence to the rule of law.
Host: Indeed, it is interesting to point out that certain laws from the British colonial era, which are over a century old, are still present in the legal framework. And yet, in recent years, the military has also attempted to utilize these archaic colonial laws to address specific situations or impose new measures.
Kristina Simion: Absolutely. The military frequently employs these laws for various purposes. For instance, restrictions on public gatherings and other limitations on rights often trace back to colonial legislation.