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 This Matters To Us:
Informal Local Governance
Case Studies in Myanmar’s Rural Areas
 This Matters To Us:
Informal Local Governance
Case Studies in Myanmar’s Rural Areas
 Printing Record

ထုတ္ေဝသည့္ကာလ- ၂ဝ၁၈ ခုႏွစ္၊ မတ္လ (ပထမအႀကိမ္)

အုပ္ေရ- ၁၅ဝဝ

မ်က္ႏွာဖုံးႏွင့္ အတြင္းဒီဇိုင္း- နန္းေပါင္းဟြမ္

ထုတ္ေဝျဖန္႔ခ်ိသူ- Pyidaungsu Institute Press

Publication Series- P0318PI05-A

Author: Pauline Eloff

Copyreader: Michèle De Aquino
Research Assistants: May Zin Thaw
Nang Nom Kham
Myint Mo Chit
Editor/Advisor: Leintje A De Visser
Research Director: Dr. Sai Oo
Translator: Myanmar Knowledge Society

Acknowledgement

We would like to express our thankfulness to the Konrad-Adenauer Stiftung Ltd. for funding
this publication and the Euro-Burma Office – Myanmar for funding our researchers. We also
would like to specially thank the interviewees from different communities, Civil Society
Organizations and the local authorities/officials who collaborated in this project.

ISBN: 978-99971-0-476-2

ii
 Preface
Most public as well as academic debates regarding the future of Myanmar in the 21st century are
characterized by an almost inflationary use of the term federalism. Both domestic and foreign ex-
perts have been continuously teaching nearly every target group in Myanmar, be it governmental or
non-governmental, on the pros and cons of this concept. And yet we cannot help but noticing that
despite these enormous efforts most people in this country do not seem to have a clear idea what
federalism actually would mean for their daily lives, for the cohesion of their communities and their
position in a structured system of state organization based on federalist principles. While the existing
executive powers of Myanmar have not expressed any wish or intention to contribute to the change
of the current unitary state (and probably will not do so in the near future) the proponents of a fed-
eralist future of Myanmar have to avoid getting lost in the maze of ideas surrounding their vision.

Obviously, the most important prerequisite for a well-functioning federalism would be the principal
willingness of the population to support unity in the framework of one state for all. Such willingness
had led to the formation of states which have become general examples of successful federalism, i.e.,
the United States of America, Switzerland and Germany. In all these cases smaller and independent
units voluntarily decided to form a bigger unit. The wish for unity within one state, therefore, is a
necessary condition for functioning federalism. But, at the same time, federalist systems depend on
the ability and willingness of their populations to fill this form of state organization with vibrant life.
Hence, healthy regional self-confidence would be another important requirement for good federalism.
Much has been written in recent years on the success and failure of federation. And yet, there is no
single recipe for Myanmar which has been tested and that can be applied without risk at any time.
What we can say for sure is that the people of Myanmar need support in terms of giving shape to
previously nebulous terms and concepts. They should be offered a chance to know how federalism
could look like in their neighborhood.

This study by the Pyidaungsu Institute which was commissioned by the Konrad-Adenauer Stiftung
(KAS) offers a well-researched contribution in the very first stage of Myanmar’s long way to a new
state structure. It focuses on the local level and informal local governance institutions and, thereby,
taking into consideration what is most important in a transition process like the one Myanmar is
undergoing now: Democracy grows from the bottom.

KAS Myanmar is very grateful to all researchers at the Pyidaungsu Institute for their hard work in
this project. We cordially thank Dr. Sai Oo for his conceptual groundwork and leadership throughout
the process of completing this study.

iii
It is hoped that this publication serves as inspiration and guidance to all with a desire for Myanmar’s
good future at heart.

Yangon, December 2017

Dr. Norbert Eschborn

Authorized Representative
Konrad-Adenauer Stiftung Ltd.
Myanmar Representative Office

iv
 Foreword
“Less centralized government promises to be better government”
The Economist, 6 January

Since 2015, when the Nationwide Ceasefire Agreement (NCA) was signed, the country has been
marching toward a “Union based on democracy and a federal system.” The need to fulfil its multi-racial
calls for self-government has also been on the rise. Calls for separate statehood and self-administra-
tive status have become louder.

The obvious answer is to develop a third-tier government, known as the local government system,
where different communities independently manage their own affairs. As the Economist says, the
system works better, because “more voters get more of what they want for most of the time.”

Equally obvious are the questions: Are we ready for this, when even existing states and regions are
still lavishing under heavy centralization from the central government? What should they do while
this devolutionary process is moving at a snail’s space?

To these questions, this research paper on the case studies of informal local governance institutions
(ILGI) has provided a highly encouraging answer.

In 2017, PI teams went on a survey inside 9 localities in 4 ethnic states, where they interviewed the
local people on their ILGIs. In the end, following groups were included in the case study:
■■ Campaign for Unity Preservation (UP) Shan State
■■ Lweyin Mingalar Shan State
■■ Nyo Mee Shan State
■■ Kayan New Generation Youth (KNGY) Kayah State
■■ Mon Area Community Development Organization (MACDO) Mon State

All these Civil Society Organisations (CSOs) are found to have been making life easier not only for
the local people, but also the local authorities, in coping with their day-to-day necessities, such as:
■■ How to navigate land regulation process under the 2012 Farmland Law
■■ Advocating authorities for return of confiscated land
■■ Resolution of local disputes
■■ Providing local transport
■■ Garbage collection
■■ Education, health and sport support
■■ Organizing events

v
■■ Overseeing local development
■■ Providing information
■■ And many others

Their greatest contribution is being intermediaries between the communities and the local authorities
(whether they be civil, Tatmadaw, business companies, or armed resistance movements).

Indeed, as the country progresses toward a healthy decentralized society, services rendered by the
ILGIs will be indispensable, just as lubricants are to motor vehicles.

No doubt there are other ILGIs across the country that have been volunteering services just as selfless
and effective, if not more, to each locality concerned.

The government should honor them and be grateful that at this time of great need for their services,
they are there.

Pyidaungsu Institute

vi
 Executive Summary

The introduction of various reforms in Myanmar in the last few years impacted governance
on different state levels (Union, state, regional and local) and led to the creation of state and
regional parliaments and some local governance mechanism (Section II). There are, for exam-
ple, the indirect election of ward and village-track administrators and the creation of advisory
committees that can include some community representation. In addition, Development Affairs
Organisations at township level provide a significant range of services and conduct some over-
sight functions. However, the reforms have not yet been translated into (broader) competencies
for the lower levels, especially below the state/regional government levels, or to the creation of
an independent third tier of government.

A decentralised government, where the many ethnic minorities spread across the different re-
gions, the states, and regions receive some autonomous decision-making and self-determining
powers, is a widely favoured form of government for Myanmar. Despite the efforts of various
actors influencing Myanmar’s institutional reforms to introduce federalist elements, the country’s
governance is still very centralised: Union ministries continue to dominate and there is a limited
or shallow community representation in the local sphere. The combined desire of local com-
munities to govern and the lack of effective formal local governance led to numerous informal
local governance actors providing governance-like services and influencing local communities.

Conceptual Framework (Section I) The present study fills part of the existing research-gap on
informal local governance actors, provides an initial insight on informal local government institu-
tions (ILGIs) and analyses a sample of ILGIs in rural Myanmar. It focuses on what ILGIs do and
how their actions can be translated into state function, what power resources they mobilise, what
the basis of their legitimacy is (i.e. what legitimises them to carry out said functions), and what
motivates their decisions and actions. Although viewed as extra-legal, unofficial, or unsanctioned
by official authorities, ILGIs often work with the knowledge and help of the Union Government
and its sub-agencies, and frequently act as mediators between them and the local population.

The analytical framework applied to analyse the ILGIs1 structured the research and helped
produce a comprehensive analysis of these institutions. The research identifies (1) the relevant
institutions; analyses (2) their functions and how these can be articulated in state functions and
(3) the power resources they mobilise (and when and where they exert power); studies (4) the

1 The Campaign for Unity Preservation (UP, northern Shan State), the traditional authorities Loyin Mingalar (Shan State), the Nye
Mee traditional authorities (Pa’O self-administered zone in Shan State), the Kayan New Generation Youth (KNGY, Kayah State), and
the Mon Area Community Development Organisation (MACDO, Mon State) (see Section III).

vii
basis of the ILGIs’ claim to legitimate governance authority and (5) the influence sources of
ILGIs decisions and actions.

Informal Governance Actors (Section III) The analysis shows that the gap in representation in
formal local governance is filled by informal organisations that sometimes take on a more im-
portant role in delivering services to and solving problems for the local population. The some-
times decades long absence of government and its services, especially in rural areas, has forced
local communities to take responsibility of their own development and well-being. ILGIs can
recognise needs, fill gaps, and create local ownership. It also revealed what role ILGIs play in
local governance and how these functions relate to state functions.

What Roles ILGIs Play (Chapter 4.1) One of the most important insights is that ILGIs do not
confine themselves to a specific topic or narrow set of functions but operate in multiple domains
and deal with a variety of issues. They are usually led by (elected) leaders of a group of people
or membership-based organisation (e.g. village elders (yah mi yah pha) or youth leaders).

How ILGIs interrelate with official institutions (Chapter 4.2) All functions ILGIs carry out either
complement, accommodate, substitute or compete with the state, based on their objectives and
the effectiveness of state institutions. A complementary relationship is often based on mutual
respect and cooperation between the ILGI and official actors. ILGIs fill gaps and enhance the
efficiency of local governance by contributing to a more effective delivery of state functions,
especially to areas with little or no oversight.

The accommodative relationship is more prone to conflicts, as one side usually dislikes the out-
comes generated by the other. ILGIs look for ways to work with existing institutions as they are
not able to challenge or change the situation, still seeking incompatible objectives. Cooperation
or coordination between the actors is usually indirect. ILGIs in this function do not necessarily
enhance the efficiency of township or government authorities but can contribute to regional
stability.

ILGIs substitute and operate in government actors’ domains and there is a strong absence of offi-
cial actors and a lack of effective services delivery. Communication between the two is generally
weak, inexistent, or even hostile – especially when government sees their authority questioned.
The competitive relationship is characterised by ILGIs that represent a strong alternative to State
governance. They are incompatible with state institutions and their potential utility for creating
a third tier or local government is questionable.

Power and Legitimacy (Section V) ILGIs exercise a degree of general territorial public authority
on different levels (household, local, regional or national). These positions of power within a

viii
society are achieved and maintained in various ways. The forms of power ILGIs exercise are
power over (which is defined as authority, control or domination); power to (empowering local
communities and enable them to act and to effect change); and power with (creating shared
understanding in communities and offering ways to act collectively). The analysis showed that
ILGIs can be considered legitimate and that actors accept ILGIs governance roles.

Motivations and Incentives (Section VI) The ILGIs’ motivations to act and carry out certain
functions can stem from historic grievances and a desire to help communities or specific groups,
the need to support development and fight. Some want to offer an alternative for action beyond
violence and transmit the tools and knowledge to deal with grievances. ILGIs are often driven
by a sense of duty and want to help (rural) communities in need and support them in facing
infrastructure and education challenges. Incentives to become and remain involved in local
governance are mostly social, sometimes also political or financial, but latter are not decisive,
as most analysed ILGIs work on a non-profit or voluntary basis.

ix
x
 Contents

Preface .......... iii

Foreword .......... v
Executive Summary .......... vii
Acronyms and Translation .......... xiii

Introduction
Introduction .......... 3
Case Study: Informal Local Governance Institutions .......... 4

I. Conceptual Framework & Methodology

1.1 Research Objecitves and Conceptual Framework .......... 9
Conceptual Framework .......... 9
Analysing Informal Local Governance Insutitutions .......... 11
1.2 Methodology .......... 12
Limitation .......... 14

II. Overview: A Confusion of Governance Actors

Overview .......... 17
2.1 Informal Governance Actors in Myanmar .......... 17
2.2 Formal Governance Actors in Myanmar .......... 19
2.2.1 The General Administration Department (GAD) .......... 19
2.2.2 Complementary Committees .......... 21
2.2.3 Development Affairs Organisations (DAO) .......... 23
2.2.4 Union Ministries .......... 24
2.2.5 A Confusion of Local Governance Actors .......... 26

III. The Institutions: An Overview of Collected Data

3.1 Campign for Unity Preservation .......... 31
3.2 Traditional Authorities in Lweyin Mingalar .......... 36
3.3 Traditional Authorities in Nyo Mee .......... 40
3.4. Kayan New Generation Youth .......... 44
3.5 Mon Area Community Development Organisation .......... 49

xi
 IV. What ILGIs Do: Functions and Interface
4.1 Functions .......... 57
4.2 Interface .......... 59
Complement .......... 59
Accomodate .......... 62
Substitute .......... 63
Compete .......... 65

V. How ILGIs Do It: Power and Legitimacy

5.1 Power .......... 69
Forms of Power .......... 70
Power Resources .......... 71
Challenges to Power .......... 73
5.2 Legitimacy .......... 74

VI. Why ILGIs Do It: Motivation and Incentives

6.1 Motivations .......... 79
6.2 Incentives .......... 80

VII. Conclusion
Conslusion .......... 83

Bibliography
Bibliography .......... 87

xii
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