This from the LDC status. In this situation

This study hasaimed at the investigation of the fair and reasonable legal mechanismfor the improvement of local administration in Myanmar so that the centralizedsystem of decision-making can better reflect the local needs in the areas ofpolicy clash.

Presently, the Myanmar government faces with an enormous challenge ofsimultaneously attaining the political transition toward a democratic regimeand the socio-economic reform from the LDC status. In this situation of policydilemma, local governments are entrusted with an important role to balance theneed of economic development and the welfare of local citizens including varietiesof ethnic minorities. The major findings are as follows: First, in Chapter-2, a historical reviewof the post-independent changes in the governance structure in Myanmar hasidentified a fact that the vertical control of local governance has beenmaintained throughout the perpetual changes to the political regime, backed bythe continuation of civilian bureaucracy led by the General AdministrationDepartment (GAD) that stems back to the British rule. Establishment of clearerlegal basis for the middle level local administrations (namely District andTownship administrators) is also awaited for enabling an effective interface betweenthe top-down mode of vertical administrative line and the bottom-up democracy ledby the wards and village tracts levels under the 2012 Ward and Village TractsLaw. In Chapter-3, an investigation into the local administration on theimplementation of the foreign investment law has identified the gap between theinternational commitments made by the central government for expeditinginvestment permits and the real practice in the level of local government. Sucha gap suggests a strong need of clearer legal basis to delegate works to thelocal administration for more substantial scrutiny and monitoring, involving thedisclosure to and participation of local stakeholders. In Chapter-4, in order to induce suggestions for future legal reforms onlocal governance in Myanmar, a comparative inquiry is made into the legalframeworks of local administration in Japan, with a particular focus on the, experiencesof Kobe City which has been known for advanced local ordinances on publicparticipation.

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In particular, to realize the local administration based on therule of law, Myanmar can utilize the Japanese deductive approach to start fromdrafting laws and ordinances and break them down to the administrative plansand individual projects to paraphrase the goal so that all staff levels canshare the holistic goal of local administration. The Administrative Complaints InvestigationLaw is also workable in Myanmar not only to handle the citizens’ complaintseffectively but also to activate the function of civic watch over the localgovernance based on the rule of law. To increase the awareness of the officialsto combat the corruptions, legal frameworks of anti-corruption would bemeaningless without an extensive training system for the officials based on thePlan-Do-Check-Act (PDCA) cycle of self-evaluation and disciplines. The Civic MonitoringAudit can also fit for Myanmar with a slight modification so as to let thelocal people participate in a corruption control and effective governance. Thetransparency of administration will be guaranteed by prescribing a basic AdministrativeProcedure Law to provide for concrete standardization and due process.

Lastly,lessons should be directly learned from the Japanese local administration inaccumulating the endeavor to form participatory legal frameworks such as the KobeCity Ordinance on Town-Planning Association, which is particularly relevant forMyanmar in reconciling the policy conflict.


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