This from the LDC status. In this situation

This study has
aimed at the investigation of the fair and reasonable legal mechanism
for the improvement of local administration in Myanmar so that the centralized
system of decision-making can better reflect the local needs in the areas of
policy clash. Presently, the Myanmar government faces with an enormous challenge of
simultaneously attaining the political transition toward a democratic regime
and the socio-economic reform from the LDC status. In this situation of policy
dilemma, local governments are entrusted with an important role to balance the
need of economic development and the welfare of local citizens including varieties
of ethnic minorities.

The major findings are as follows: First, in Chapter-2, a historical review
of the post-independent changes in the governance structure in Myanmar has
identified a fact that the vertical control of local governance has been
maintained throughout the perpetual changes to the political regime, backed by
the continuation of civilian bureaucracy led by the General Administration
Department (GAD) that stems back to the British rule. Establishment of clearer
legal basis for the middle level local administrations (namely District and
Township administrators) is also awaited for enabling an effective interface between
the top-down mode of vertical administrative line and the bottom-up democracy led
by the wards and village tracts levels under the 2012 Ward and Village Tracts

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In Chapter-3, an investigation into the local administration on the
implementation of the foreign investment law has identified the gap between the
international commitments made by the central government for expediting
investment permits and the real practice in the level of local government. Such
a gap suggests a strong need of clearer legal basis to delegate works to the
local administration for more substantial scrutiny and monitoring, involving the
disclosure to and participation of local stakeholders.

In Chapter-4, in order to induce suggestions for future legal reforms on
local governance in Myanmar, a comparative inquiry is made into the legal
frameworks of local administration in Japan, with a particular focus on the, experiences
of Kobe City which has been known for advanced local ordinances on public
participation. In particular, to realize the local administration based on the
rule of law, Myanmar can utilize the Japanese deductive approach to start from
drafting laws and ordinances and break them down to the administrative plans
and individual projects to paraphrase the goal so that all staff levels can
share the holistic goal of local administration. The Administrative Complaints Investigation
Law is also workable in Myanmar not only to handle the citizens’ complaints
effectively but also to activate the function of civic watch over the local
governance based on the rule of law. To increase the awareness of the officials
to combat the corruptions, legal frameworks of anti-corruption would be
meaningless without an extensive training system for the officials based on the
Plan-Do-Check-Act (PDCA) cycle of self-evaluation and disciplines. The Civic Monitoring
Audit can also fit for Myanmar with a slight modification so as to let the
local people participate in a corruption control and effective governance. The
transparency of administration will be guaranteed by prescribing a basic Administrative
Procedure Law to provide for concrete standardization and due process. Lastly,
lessons should be directly learned from the Japanese local administration in
accumulating the endeavor to form participatory legal frameworks such as the Kobe
City Ordinance on Town-Planning Association, which is particularly relevant for
Myanmar in reconciling the policy conflict.


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