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Project Law – A Power Instrument of Development Agencies

Project Law – A Power Instrument of Development Agencies. A Case Study from Burundi - Markus Weilenmann -. Source: Ethno/UZH/ch. Markus Weilenmann. Current : Head of the “Office for Conflict Research in Developing Countries”,

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Project Law – A Power Instrument of Development Agencies

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  1. Project Law – A Power Instrument of DevelopmentAgencies A Case Study from Burundi - Markus Weilenmann -

  2. Source: Ethno/UZH/ch Markus Weilenmann Current: Head of the “Office for Conflict Research in Developing Countries”, Executive Secretary of the Commission on Legal Pluralism (since 2006) President of the Commission “Interface” (Swiss Society of Social Anthropology) (since 2007) Education: Ph.D (“with distinction”), 1996, in Agrarian Law (NL-University of Wageningen), M.A. 1985 in Social Anthropology (CH-University of Zurich); additional seminary education in psychoanalysis in Zürich Past Occupations: Lecturer in legal anthropology (Vienna, 2006/07; Zürich, 1986-91) Guest at ‘Project Group for Legal Pluralism’, Max Planck Institute for Social Anthropology (2001/2; 2004; 2006) Lecturer in intercultural conflict research (2000/01, Klagenfurt), in ethnopsychoanalysis (Zürich, 1995/1996) Teacher at various primary and secondary schools (1976-80) Interests (consultancy for international development aid organizatinos) in relation to: Governance, legal and social policy, gender specificapproaches in Africa

  3. The Issue • Development politics as important field of law production (own notion of social justice etc.) • Concept of ‘Parastaatlichkeit’ (quasi state-status) – Referral of sovereignty rights and tasks to groups and institutions (Rösel & von Trotha) • Informal decentralisation and privatisation • Development agencies not only ‘global players’ but als important ‘legal pluralistic actors’ (project law)

  4. Part I: Whatexactlyis Project Law? Twodifferentmeanings… 1) Planning instrument: Legalrulesthat guide the planning and conceptualization phases of a developmentproject 2) ImplementingTool Legalrulesformed by project personnel during implementationprocess and in interaction with ‘target groups’ (behaviouraldemands, new structures for decision-making, allocation of resources,budgeting, in- and exclusion decisions)

  5. Views of differentscholars on ‘Project Law’ • Thomson (1987): ‘Project law’ for analysis of normatively coloured relationshipbetweendevelopment agents and target groups • Keebetvon Benda Beckmann (2001): Normative concepts (e.g. good governance, participation) are part of international law, hencealso of projectlaw • Randeria (2005): ‘Project Law’ losesanalyticalpurchase if entiregamut of Western norms and values are included • Foucault (1966): « Much of governmentalityisalsolegallyorganized » • Franz von Benda Beckmann (1986): Ambiguity of law; regulation of social processes; resolution of problem; development-politicalmodelsbehindbehaviouraldemands, justifying interventions • Clifford Geertz (1983): « Law… propounds the world in whichits descriptions makesense » • Markus Weilenmann: Assumptionthatdevelopmentprojects have the form of law

  6. Part II: Project Law in Practice – A Case Study ‘Crisis Prevention’ Initiatives (rule of law, good governance, gender) in Burundi launched by Northern NGO Programmes with twofold bias: 1) Institutional gender bias 2) Institutional class bias Organization of ‘gender programme’, working exclusively with women Source: http://www.nationsonline.org/map_small/burundi_small_map.jpg

  7. The Argument of ‘Chains of Translation’ Rottenburg: Close interconnection of projectlaw as ‘planning instrument’ and as ‘implementingtool’  chains of translation • Problemsthatoccurwhendevelopmentbureaucraciestry to control distribution and impact of their subsidies by international transfer of policy objectives, development plans & rules of procedure • Contradiction of ownprinciple goal of self-determineddevelopment • Search for consensus of ‘objectivied solutions’; cultural dimension regarded as politicallydelicate

  8. Chains of Translations in Case Study Translation of Burundian Partner Org. Translation of ExecutiveBoard Translation of Int. Project Personnel • Continuous contact with network of BurundianwomenNGOs • Justification, supervision, implementation discussion • Politicizeddiscourse/ Victimroles (feminization of poverty, rape) • Target group focus (compatible withbroader objectives?) • Creation of ‘scapegoats’ (feministphraseology, as beforeethnic one) • Generalizing images as e.g. ‘macho administration’ • [« The men? – Ha, they are justdoingnothing! (…) »] • Fundraisingmatters; sympathy in donorcommunity • NGO as catalyst • Focus on discriminated position of womenratherthanpoliticalconflict

  9. Part III: Cultural Patterns of Behaviour in a War-torn Society: Chains of translations emergingfromcontext of Burundian society… • Cultural understanding of genderroles as developed in Burundi’s national language (Kirundi); folk concept (ethnicidentity = bequest of male line; ethnicshifting of womensocially possible; recent change of constellation of femaleidentity) • Crossing of ethnicborderlines by women in hot phases of war in 1990s • Development of conflictmediation course by NGO • Yet, owninterpretation of Burundi’sethnicity by NGO; non-acceptance of Burundi’s ‘folk concept’ • By challengingassumptionsthatwomen have no ethnicidentity, NGO itselfstartedethnicizing large parts of owntarget groups!

  10. Part IV: Results: Chains of Translations as a Medium of Project Law • Twochains of translations shapeprocess of projectimplementation  behindthesechains  Behaviouraldemands & ‘out-to-be-statements’ • Danger: If figures of thoughts (in problemdefinition) becomeobjectifiedassumptions (Rottenburg) • Planning officer’spersonal value orientation  important role in project plan/projectlaw (catalogue of guidingideas)  institutional fixation of initial ideas • Impasse of projectrelated to « complexproblemsthat arise whendevelopmentbureaucraciestry to control distribution and effects of their subsidies via the international transfer of theirpolitical goals » • Argumentative patterns for funds = donordriven; undemocratic control of projectlaw; lack of legalanthropologicaladvice (e.g. in makingoperations and implications more transparent)

  11. Part V: Conclusions 1.) Influence of Western developmentagencies on design of projectlaw considerablepolitical impact of donors on social life in developing countries Problem: Democracydeficit on side of dev. agencies; alignment to donors, no ‘real participation’  Necessary: Acceptance of local pol. participation in all stages 2.) Degree of coordination betweenvarious multi- and bilateraldonoragencies Problem: Limited spatial, temporal & institutionalvalidity of individual, ‘tailer-made’ projectlaws; partlycontradicting objectives; potentialconflicts of dev. projectswithcustomary, state or int. law

  12. Conclusions (2) 3.) Phenomenon of ‘Parastaatlichkeit’ (quasi-state status) sinceprojectlawcontaintspotential to fragment prevailinglegal and politicalordersin recipient countries  Problem: Weaking of recipientcountry’s ‘rule of law’  Negativeconsequences of increasingcompetition for political leadership Project Law as important power instrument • As itavoidsotherwiseordinarymeasures of democratic control • Empowerment of dev. agencies (followingEuro-American vision in fragmentedmanner); ofteninadequate modes for actual situations Project Law as extremelypowerfulyethighlyquestionable power instrument of developmentagencies!

  13. Criticism • Quite complex description of idea of ‘chains of translations’; Even if idea as such, interesting • Ideas about problems that ‘development projects’ might entail are not all that new; yet, what is new is the reference to ‘project law’ • Even if made clear what consequences ‘project law’ might entail, not totally clear what ‘project law’ is and how it interacts concretely with customary, state or international law in case study (yet maybe not intention of article) • Not totally clear what to gain by calling the policies of development agencies ‘project law’ • Yet all in all, many issues tackled, that are relevant for my research topic as well!

  14. Link to OwnResearch Project: Mixture of thesetwosectorsdesirable? Definition of PPPs and their ‘work’  difficult as very diverse Contradiction between ‘for profit motives’ and PPP objectives’? Role of ‘Public-PrivatePartnerships’ (PPPs) in DevelopmentCooperation and ‘AidEffectiveness’ Debate Positive outcomes for whom? Under whatcircumstances? Whatismeant by ‘aideffectiveness’? Problem of ‘fragmentation’ through vertical approaches, e.g. in healthsector ‘Real participation’ of affected population groups, possible? Or only ‘alignment’ to organization? Potential positive elements of PPPs?! DemocracyDeficit?

  15. Thankyou for your Attention! Questions?

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