Supanusorn, S. (2010) The Possibility of Judicial Recognition on Community Rights Concepts: A Case Study of Ban Mae Om Ki in Tak Province, Thailand

Title: The Possibility of Judicial Recognition on Community Rights Concepts: A Case Study of Ban Mae Om Ki in Tak Province, Thailand

Author: Sothonsinee Supanusorn

Year: 2010

Keywords: COMMUNITY RIGHTS/ BAN MAE OM KI/ TAK PROVINCE/ JUDICIAL PROCESS

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Abstract:

This study aims to examine the possibility of judicial recognition community rights concepts. First, the study examines the concept of community rights as recognized under international human rights law and constitution of Thailand. Second, the study attempts to examine conditions of recognition community rights perspectives and the way of life of the affected communities and their experience of getting legal recognition of their rights.

The concept of community rights is recognized under the 1997 and 2007 Constitution of Thailand. It has also been recognized by the international human rights legal framework. However the laws in Thailand still do not recognize community rights. In this scenario, the judges have played an important role while adjudicating cases before them that pertains to community rights.

In this context, the research aims to study the case of Ban Mae Om Ki where two villagers were arrested under the charge of 'encroachment over forest land' while they were preparing the land for swidden farming or shifting cultivation. Although only two individuals were arrested, the arrest was significant for the entire community. The exercise of self-management of natural resources by the community, though guaranteed under international human rights law and the constitution, is unacceptable at the level of law enforcement. The officers of the forest department, the police and the prosecutors do not recognize this system of management and apply the law on forests on all people and arrest them for violating the law. However, co-operation of civil society networks and legal assistance helps the arrested persons to present evidence before the court that explains swidden farming and supports the concept of community rights. In this way, new judicial principles are formulated. This is a one case of human development as explained under the framework of Human Right-Based Approach to Development (RBA). The process of empowering the villager and cooperation inside community network helps in recognition of human rights. It shows how litigation and judiciary can help in shifting paradigm shifting of the state in order to protect the rights of citizens. For the purpose of balancing the state power influence by law which is violated people rights under Critical legal study (CLS) concept.

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BIOPOWER CIVIL SOCIETY COASTAL GOVERNANCE COMMUNITY CORPORATE SOCIAL RESPONSIBILITY COUNTRY RECONSTRUCTURE CURRENT EDUCATION IN THE CAMP DEMOCRACY IN BURMA DEMOCRATIZATION DEVELOPMENT DISCOURSE EDUCATION EUROPEAN UNION GOOD GOVERNANCE GOVERNANCE FACTORS HIGHER EDUCATION HUMANITARIAN ASSISTANCE ICM INDONESIA INSTITUTIONS INTEGRATED COASTAL MANAGEMENT KAREN REFUGEES KHMER ROUGE LIVELIHOOD MIGRATION MYANMAR NATURAL RESOURCES MANAGEMENT NGO OTOP PARTICIPATORY MANGROVE FORESTRY REINTEGRATION RESISTANCE SHADOW STATE POLITICS SOCIAL AND ECONOMIC DEVELOPMENT SOCIAL MOVEMENT SUSTAINABLE COASTAL DEVELOPMENT SUSTAINABLE DEVELOPMENT TAK PROVINCE THAI-BURMA BORDER THAI-KAREN PEOPLE THAI FEMALE THAILAND THAKSIN SHINAWATRA WORK OPPORTUNITIES WORLD SOCIAL FORUM

Prasertsri, D. (2009) Disaster Diplomacy: A Case Study of the Tripartite Core Group's Post-Nargis Humanitarian Assistance in Myanmar

Title: Disaster Diplomacy: A Case Study of the Tripartite Core Group's Post-Nargis Humanitarian Assistance in Myanmar

Author: Dalina Prasertsri

Year: 2009

Keywords: NARGIS/SANCTIONS/CONSTRUCTIVE ENGAGEMENT/ASEAN/BURMA/MYANMAR/TRIPARTITE CORE GROUP/TCG/UN/ HUMANITARIAN INTERVENTION/DISASTER DIPLOMACY

Download PDF of Abstract: English Thai

Abstract:

On 2 May 2008 the devastating Cyclone Nargis hit Myanmar, causing over 140,000 deaths and affecting about 2.4 million people in the country. Despite the desperate situation, the Government of Myanmar refused the humanitarian assistance offered by international development organizations and Western governments. This act caused the international community to formulate unconventional ways in order to bring relief into Myanmar. They attempted to apply the Responsibility to Protect principle but failed, and later on used disaster diplomacy tactics by utilizing ASEAN as a mediating agent to build dialogue between Myanmar and the humanitarian community. This ASEAN-led mechanism was operated under the establishment of the coordinating body called the Tripartite Core Group (TCG) aiming to bring aid into Myanmar.

This thesis uses the disaster diplomacy framework to address the impact of Cyclone Nargis on the two-decades-long tension between the Government of Myanmar and the international community. The TCG, with the mediating support by the ASEAN, was seen by many observers as an opportunity to revitalize and improve this relationship. Apart from facilitating aid, the TCG was expected to help breaking down Myanmar's suspicion about the West's agenda and help the Government of Myanmar realize that the humanitarian community had no hidden political objective on its aid agenda. Beyond evaluating the work of the TCG in the above light, the thesis also aims to examine the achievements of the ASEAN and the UN as to whether they were able to efficiently meet the TCG's objectives regarding humanitarian aid and their ability to change the perception, behavior, approach and objectives of Myanmar. The study also identifies the gaps, challenges and the opportunities faced by the group to provide efficient and meaningful emergency response to Myanmar.

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BIOPOWER CIVIL SOCIETY COASTAL GOVERNANCE COMMUNITY CORPORATE SOCIAL RESPONSIBILITY COUNTRY RECONSTRUCTURE CURRENT EDUCATION IN THE CAMP DEMOCRACY IN BURMA DEMOCRATIZATION DEVELOPMENT DISCOURSE EDUCATION EUROPEAN UNION GOOD GOVERNANCE GOVERNANCE FACTORS HIGHER EDUCATION HUMANITARIAN ASSISTANCE ICM INDONESIA INSTITUTIONS INTEGRATED COASTAL MANAGEMENT KAREN REFUGEES KHMER ROUGE LIVELIHOOD MIGRATION MYANMAR NATURAL RESOURCES MANAGEMENT NGO OTOP PARTICIPATORY MANGROVE FORESTRY REINTEGRATION RESISTANCE SHADOW STATE POLITICS SOCIAL AND ECONOMIC DEVELOPMENT SOCIAL MOVEMENT SUSTAINABLE COASTAL DEVELOPMENT SUSTAINABLE DEVELOPMENT TAK PROVINCE THAI-BURMA BORDER THAI-KAREN PEOPLE THAI FEMALE THAILAND THAKSIN SHINAWATRA WORK OPPORTUNITIES WORLD SOCIAL FORUM

Kyaw, S. (2009) Challenges to the Rights to Education in Myanmar: The Roles of Civil Society and Monastic Schools

Title: Challenges to the Rights to Education in Myanmar: The Roles of Civil Society and Monastic Schools

Author: Sandar Kyaw

Year: 2009

Keywords: RIGHTS TO EDUCATION/CIVIL SOCIETY/MONASTIC SCHOOLS/CHILD CENTERED APPROACH

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Abstract:

Although the Myanmar education system has been continuously deteriorated in terms of accessibility and quality, education still remains as one of the first priorities for the people. As a result, when a high dropout rate—before the students finish their education in primary schools—is approximately at 50 percent, several non-profit and civil society organizations have been bridging the gap of accessibility and quality in education. Along with the organizations, monastic schools play an important role in providing education as well. The main objective of the study is to analyze the civil society activities trying to meet the Right to Education in Myanmar. The research is conducted at two schools: Phaung Daw Oo and Oo Bo Monastic schools in Aung Mye Tha Zan Township of Mandalay (central Myanmar), where the semi-structured open questions were used and 69 subjects were interviewed. The study finds influential factors having both positive and negative ways for the civil society organizations to implement the Right to Education. In terms of the positive factors, particularly, the recognition of the monastic schools makes better implementation for civil society organizations and monastic schools so that they can fulfill the right to access to education. The Child Centered Approach and its methodology are currently being introduced in the country to accomplish the best interest of the children.

Nonetheless, a number of challenges are also found in the study. There is resource constraint in term of teacher capacity and support and the lack of infrastructures and resources. As well, insufficient capacity, lack of knowledge on the Right to Education, and the wrong conceptualization on Child Centered Approach stimulate the government to issue policies restricting the activities of monastic schools. That points out the barrier preventing the country to meet the Right to Education since the monastic schools are there for ensuring the access to education to the Myanmar children.

The study concludes that although there are a number of influential factors, they are associated with challenges that can be conquered if the government is willing to improve its policies on education.

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BIOPOWER COASTAL GOVERNANCE COMMUNITY CORPORATE SOCIAL RESPONSIBILITY COUNTRY RECONSTRUCTURE CURRENT EDUCATION IN THE CAMP DEMOCRACY IN BURMA DEMOCRATIZATION DISCOURSE EDUCATION EUROPEAN UNION GOOD GOVERNANCE GOVERNANCE FACTORS HIGHER EDUCATION HUMANITARIAN ASSISTANCE ICM INDONESIA INSTITUTIONS INTEGRATED COASTAL MANAGEMENT KAREN REFUGEES KHMER ROUGE LIVELIHOOD MIGRATION MYANMAR NATURAL RESOURCES MANAGEMENT NGO OTOP PARTICIPATORY MANGROVE FORESTRY REINTEGRATION RESISTANCE SENSITIVE SERVICES SHADOW STATE POLITICS SMES SOCIAL AND ECONOMIC DEVELOPMENT SOCIAL MOVEMENT SUSTAINABLE COASTAL DEVELOPMENT SUSTAINABLE DEVELOPMENT TAK PROVINCE THAI-BURMA BORDER THAI-KAREN PEOPLE THAI FEMALE THAILAND THAKSIN SHINAWATRA WORK OPPORTUNITIES WORLD SOCIAL FORUM

Thammavong, V. (2008) The Socio-Economic Impacts of Lao-Thai Informal Border Trade on People's Livelihood and Poverty Reduction

Title: The Socio-Economic Impacts of Lao-Thai Informal Border Trade on People's Livelihood and Poverty Reduction

Author: Viengxay Thammavong

Year: 2008

Keywords: INFORMAL BORDER TRADE/ NETWORK/ LIVELIHOOD/ POVERTY REDUCTION

Download PDF of Abstract: English Thai

Abstract:This study focuses on studying the characteristics of informal border trade networks and its relation to formal channel, and the impacts of informal trade on people's livelihood involving in the informal trade.

The finding determined that almost of the informal border traders are women, aged between 25 to 45 years old, with low level of education. Most of the informal border trade was on a small scale and the products traded are mostly consumption and household goods. The research also indicated that the income earning from informal border trade of the traders is much higher than those from their previous jobs. Therefore, the informal border trade is a real source of income for people who involve in the business and it can be considered as their main job. As the result, their living condition has been improved better.

The finding of the research showed that the border traders are able to overcome the barriers in their business operations by calling on a number of social network and business skills. They work in a social community which included other border traders, porters and other parties. The combination of these social linkages gives border traders advantages in minimizing hassles, building trust and increasing the scope of their capabilities. At the same time, they use these social networks to guard against another party taking advantage of them.

The research also found that the businesses of these cross border traders are themselves combine a formal and informal characteristic. On the shop itself, a shop owner has to apply for a license from authority concerned and pay taxes to customs while goods suppliers in a shop buy from both formal and informal channel in order to reduce their capital and gain maximize profit. Therefore, formal and informal trades are overlapping in this border trade area.

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BIOPOWER CERTIFICATE TRANSLATION TO MARKET ECONOMY COMMUNITY CORPORATE SOCIAL RESPONSIBILITY COUNTRY OWNERSHIP COUNTRY RECONSTRUCTURE CURRENT EDUCATION IN THE CAMP DEMOCRACY IN BURMA DEMOCRATIZATION DISCOURSE EDUCATION EUROPEAN UNION GOOD GOVERNANCE HIGHER EDUCATION HOCHIMINH CITY HUMANITARIAN ASSISTANCE ISSURANCE OF BUSINESS REGISTRATION KAREN REFUGEES KHMER ROUGE MIGRATION MYANMAR NATURAL RESOURCES MANAGEMENT NGO OTOP PARTICIPATORY MANGROVE FORESTRY POLICY IMPLEMENTATION POVERTY REDUCTION STRATEGY PAPERS REINTEGRATION RESISTANCE SENSITIVE SERVICES SHADOW STATE POLITICS SMES SOCIAL AND ECONOMIC DEVELOPMENT SOCIAL EVILS STREET-LEVEL BUREAUCRAT SUSTAINABLE DEVELOPMENT TAK PROVINCE THAI-BURMA BORDER THAI-KAREN PEOPLE THAI FEMALE THAKSIN SHINAWATRA VIETNAM WORK OPPORTUNITIES WORLD BANK REFORMS WORLD SOCIAL FORUM

Kengkunchorn, A. (2006) An Assessment of the Needs for Higher Education of Karen Refugees Along the Thai-Myanmar Border: A Case Study of Nu Po Camp: Pornpimol Trichot

Title: An Assessment of the Needs for Higher Education of Karen Refugees Along the Thai-Myanmar Border: A Case Study of Nu Po Camp: Pornpimol Trichot

Author: Arayan Kengkunchorn

Year: 2006

Keywords: KAREN REFUGEES, THAI-BURMA BORDER, CURRENT EDUCATION IN THE CAMP, HIGHER EDUCATION, COUNTRY RECONSTRUCTURE, DEMOCRACY IN BURMA

Download PDF of Abstract: English Thai

Abstract:

Education for refugees is almost as important as meeting their physical needs for food, water, shelter and health. Refugee education is the process of providing knowledge, skills, attitudes and values necessary for survival, improving their quality of life, adapting to their changing world, and preparing for eventual return to their country. Ethnic conflict and human rights violations in Burma have created mass outflows of refugees, internally displaced people and migrants to neighboring countries. Thailand has received hundreds of thousands of Burmese refugees since the mid 1980s. Currently there are 9 Burmese refugee camps on the Thai-Burma border. This study looks at the scale of the problem, assessment for existing education and quality, and the range of higher education opportunities that are potentially available for refugees outside the camp. In addition, the paper investigates the systems and policies of NGOs, UNHCR and the Royal Thai Government with regard to the higher educational opportunities of Karen refugees. This study is derived from quantitative and qualitative research using a combination of documentary research and field collection. Within the documentary research theoretical data are collected through review of the existing literature, field data was collected through in-depth interviews, group discussions, questionnaires observations and as well as reviewing ex:stir:1 information published by NG0s. The key informants including in this study were Karen refugees in the camp, CBOs, NGOs, institutions, the Ministry of Interior (N101) and Ministry of Education (MOE). The study reveals that there is basic education, such as primary, secondary and post secondary levels_ available in the refugee camps. The Karen Education Department (KED) and NGOs are responsible for education management. This study shows that there is a need for higher education to be accessible to the refugees for their future development. The study shows that the current education system does not meet the needs of the Karen refugees and is not very helpful for when they go back to Burma. Higher education can be accessed only with the cooperation and assistance of NGOs, CBOs and RTG. There is a stated need for the international community, NGOs and the Royal Thai Government to increase awareness about higher education for refugees, as well as the extent the provision of current education quality to the refugees. This study also looks at the role of the international community in ensuring comprehensive provision of higher education for all refugees, and refugees' right to higher education and freedom to choose education throughout the Karen refugee camps.

Contact MAIDS-Chula for more information and full thesis at maidschula@gmail.com

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BIOPOWER COMMUNITY DEMOCRATIZATION DISCOURSE EDUCATION EUROPEAN UNION GOOD GOVERNANCE HUMANITARIAN ASSISTANCE KHMER ROUGE MYANMAR NATURAL RESOURCES MANAGEMENT NGO OTOP PARTICIPATORY MANGROVE FORESTRY REINTEGRATION RESISTANCE SHADOW STATE POLITICS SOCIAL AND ECONOMIC DEVELOPMENT SUSTAINABLE DEVELOPMENT TAK PROVINCE THAI-KAREN PEOPLE THAKSIN SHINAWATRA WORK OPPORTUNITIES WORLD SOCIAL FORUM