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The chapters in this book show that it is possible to conduct studies on the intersections between gender, criminalization, imprisonment, and human rights in Southeast Asia. In this conclusion, we draw out the implications of this emerging scholarship. More specifically, we critically examine how common talk about “individual needs” risks blinding criminal justice reformers to the structural, gendered dynamics that render people criminalizable and imprisonable. We explore the potential of the concept of participation to strengthen understandings and activism around gendered harms, and grapple with the thorny issue of for whom we speak. We advocate for cross-cultural understandings, developed in collaboration and through partnership, to productively challenge the ethnocentrism of criminology and propel truly transformative agendas. Three steps are identified to decenter research and activism: Scholars and activists must acknowledge the risks of attending to need while not attending to the drivers of need; resist the temptation to operate only within the limits defined by the authorities, the state, the academy, or agencies set up to protect; and generate “home grown,” counter-hegemonic solutions that push back against the tendency to universalize, colonize and deny difference.

In this chapter, we examine historical and contemporary debates about the position and situation of women in Myanmar (and to a lesser extent gender and sexual minorities). Specific reference is made to the patriarchal character of the military coup of February 1, 2021, and the emergent forms of feminist resistance that turned social norms inside out in protest against lethal repression. The way women, as well as sexual and gender minorities, are unequally positioned and face structural and social discrimination in society serves to contextualize our presentation of the findings of a collaborative case-study conducted in 2018 on issues pertaining to gender and imprisonment in Myanmar, based mainly on interviews with former prisoners in three research sites. The aim was to generate field-based knowledge about the carceral experiences of women and LGBTQIA+ persons in Myanmar – focusing on their needs and vulnerabilities, their capacities and rights, their relationships and identities, and their modes of survival as they encounter penal regimes. Findings are summarized focusing on former prisoners’ experiences of legal bias; perspectives on encounters with the criminal justice system; the inadequacy of health provision (posed as lethal neglect); and the way certain behaviors and identities are criminalized. The chapter concludes with some reflections on the degree to which there might still be space for critical scholarship in the post-coup world and poses some questions for future research.

In this introductory chapter, we discuss the impetus for this edited book. We introduce activist, critical and feminist criminological theorizing and research on gender, intersectionality, criminalization, and carceral experiences. The scene is set for the chapters to follow by providing a general overview of gender, criminalization, imprisonment, and human rights in Southeast Asia with particular attention being paid to Indonesia, Malaysia, Cambodia, Thailand, Myanmar, and the Philippines. We consider trends and drivers of women’s imprisonment in the region, against the backdrop of the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, also known as the Bangkok Rules, which were adopted by the United Nations General Assembly just over a decade ago. We reflect on the dominance of western centric feminist (and malestream) criminological works on gender, criminalization and imprisonment, the positioning of Southeast Asian knowledge on the peripheries of Asian criminology and the importance of bringing to light, as this book does, gendered activist scholarship in this region of the world.

To date, intersectional feminist criminological enquiry concerned with exploring junctions of gender and ethnicity amongst incarcerated women, has mainly come from studies undertaken in western nations. In this chapter, we present findings from research undertaken in Thailand that explored incarcerated ethnic minority women’s backgrounds, situational contexts surrounding their criminalization and criminal justice system experiences, with particular attention paid to women’s time in prison. Our purpose was to examine how gender and ethnicity intersected, impacting the lived experiences of criminalized ethnic minority women before and during their incarceration. Findings revealed the ways in which these women are marginalized inside and outside prison walls. On the outside, the women struggled with patriarchal systems of power, both within and beyond their communities. They were subjugated as women and by discourses of ethnic othering. Under-education, poverty, living with state, community, familial and intimate partner violence, trauma, and other adversity were key aspects of the women’s pre-prison lives and created the contexts from which they came into conflict with the law. The women faced challenges in accessing justice and, once imprisoned, gender and ethnicity intersected in several domains, to impact their carceral experiences.