Human Rights Outlook in Southeast Asia 2018 Human Rights Outlook in Southeast Asia 2018 i The Strengthening Human Rights and Peace Research and Education in ASEAN– Southeast Asia project (SHAPE–SEA) is a collaboration between two regional networks, the ASEAN University Network–Human Rights Education (AUN–HRE) and the Southeast Asian Human Rights Studies Network (SEAHRN). This programme is supported by the Swedish International Development Cooperation Agency (SIDA) and the Norwegian Centre for Human Rights (NCHR). Human Rights Outlook in Southeast Asia: 2018 Copyright© Strengthening Human Rights and Peace Research and Education in ASEAN/Southeast Asia ISBN 978-616-443-314-4 Published by SHAPE-SEA Secretariat Institute of Human Rights and Peace Studies (IHRP) Panyaphipat Building | Mahidol University 999 Phuttamonthon 4 Rd., Salaya, Nakhon Pathom 73170, Thailand Tel: (66) 2-441-0813-5 Fax: (66) 2-441-0872-3 Website: www.shapesea.com Email: [email protected] Facebook: https://www.facebook.com/groups/shapesea Twitter: https://twitter.com/SHAPE_SEA Chief Editor: Azmi Sharom Co-Editor: Magdalen Spooner Contents Foreword vii Introduction ix BRUNEI DARUSSALAM 1 CAMBODIA 15 INDONESIA 33 LAO PDR 55 MALAYSIA 67 MYANMAR 89 PHILIPPINES 103 SINGAPORE 121 THAILAND 141 TIMOR-LESTE 155 VIETNAM 169 Appendix 193 About SHAPE-SEA 200 Foreword Sriprapha Petcharamesree, PhD The general election which changed Malaysia’s political landscape in May 2018 represents one of a scant few steps towards positive human rights development in the Southeast Asian region this year. Two months later, rather than bringing change to the country, another election in Cambodia saw reinforcement of the absolute power of one of the world’s longest serving prime ministers. The opposition was effectively prevented from participating in the process with several opposition leaders being placed in custody while others were obliged to leave the country. Moreover, some opposition parties were even dissolved. These two contrasting cases comprise the highlights of the year 2018. These two events reveal the dynamism and challenges of human rights and peace in Southeast Asia. From the country reports, we could conclude that all states in the region have already adopted international human rights concepts as exemplified by an increasing number of ratifications of international human rights standards, as well as by active participation in UN human rights systems such as the Universal Periodic Review. Individually, however, the human rights situation remains challenging. In some countries such as Cambodia and the Philippines, human rights abuses continue behind the mask of democracy and without accountability while in others such as Thailand, Lao PDR, and Vietnam which are ruled by military regimes and a one- party system, critics of the prevailing systems are targeted and politically motivated arrests and detentions remain the norm. The use of cyber laws, sedition acts, and legal harassment to silence human rights defenders are also far too frequent in the region while non-nationals (such as migrant workers, refugees, and asylum seekers) continue to suffer from various forms of exploitation and human rights abuses, again without access to remedies. With constant violations occurring in the region, the human rights regime in ASEAN, namely the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC), have not only been unable to address the violations but also appear unwilling to do so out of respect for state sovereignty and non-interference in the internal affairs of member states. The 2018 Outlook highlights the issues mentioned above. Whilst we agree that human rights issues should first be dealt with at the national level, we cannot ignore that critical issues such as the plight of the Rohingyas (which continues unabated with no solution in sight) also requires regional solutions. However, effective national and regional human rights governance seems to be missing as of yet. Both need to be strengthened if human rights violations are to be properly addressed – this is the Human Rights Outlook in Southeast Asia 2018 vii aspiration of the Outlook. Therefore, I thank all contributors to the national reports and the regional team led by Azmi Sharom, Magdalen Spooner, and Diana Hussain for their contributions to the 2018 Outlook. Finally, we appreciate the continued support of Sida to implement SHAPE-SEA, especially as regards this and all the other Outlooks in the series. Sriprapha Petcharamesree, PhD Chair of SHAPE-SEA Institute of Human Rights and Peace Studies (IHRP), Mahidol University Nakornpathom, Thailand viii Human Rights Outlook in Southeast Asia 2018 Introduction Azmi Sharom* After an eventful and at times frustrating five years, we come to the fourth volume of Human Rights Outlook in Southeast Asia, a series supported by the Swedish International Development Cooperation Agency (SIDA) and the Norwegian Centre for Human Rights (NCHR). A product of the Strengthening Human Rights and Peace Research and Education in ASEAN/Southeast Asia project (SHAPE-SEA), the series is also a collaboration between two regional networks, the ASEAN Universities Network- Human Rights Education (AUN-HRE), and the Southeast Asian Human Rights Studies Network (SEAHRN). Once again, the fourth volume includes all eleven nations in the region, and once again, under the auspices of SHAPE-SEA, it seeks to disseminate such knowledge by analysing the developments (or lack thereof) of human rights in the various countries of Southeast Asia. Thus, as far as possible, experts on the ground were asked to prepare chapters on the topic, and in particular, to document their personal insights and opinions. In addition, as part of a series dating back to 2014, Outlook provides a valuable insight into the progression or regression of human rights while the standardization of its format from year to year and country to country enables easy comparison between nations and across time. That said, each volume is also a vital source of information in and of itself. The protection and promotion of human rights in Southeast Asia is as diverse as the region itself. In this, our fourth Outlook, we find several similarities throughout the region. On a positive note, there appears a general concern in the countries studied to take action against human trafficking. And effort has also been made by many governments to honour international obligations regarding the rights of disabled persons, at least on the legislative front. However, where civil and political rights are concerned, the situation is not so hopeful with most countries performing poorly. But even here, it would not do to generalise. Both Indonesia and Timor-Leste have a relatively healthy press, largely free from government intervention, and Malaysians have succeeded in removing a regime that has persevered for sixty-one years through the peaceful means of the humble ballot box. In studying human rights in Southeast Asia, it is unwise to paint with broad strokes; instead, it is necessary to examine each state as a unique entity with unique problems as only with this depth of understanding can we advocate for meaningful change. Brunei continues with its implementation of Islamic criminal laws. Much has been said about this, specifically as regards the harshness of the penalties which quite conceivably amount to torture. A point perhaps less explored is how these Islamic laws may have an adverse effect on the victims of crime. For example, the punishment for a * Chairperson, SHAPE-SEA Publications Committee. Human Rights Outlook in Southeast Asia 2018 ix false accusation of rape is eighty strokes of the whip. Taking into account the difficulty of proving such crimes, this may well deter actual survivors of rape to report the matter to law enforcement agencies. Notwithstanding the above, civil liberties in Brunei are difficult to achieve anyway because of its status as an absolute monarchy. The position of the Sultan has been strengthened in the year studied as amendments to sedition laws have created a lèse majesté type scenario similar to Thailand. However, there have been some positive developments. Youth Against Slavery Brunei, an organisation of young people successfully held a conference entitled, ‘Combatting Trafficking in Persons’ and it was well received. If the youth of Brunei are showing concern about human rights issues, albeit politically ‘safe’ issues, it is hopeful their concern will grow to encompass more uncomfortable areas in the future. Cambodia has ratified eight major human rights treaties (see Table 1 below), which in the region, is second only to Indonesia. And they have recently been subject to a Universal Periodic Review during which the government concurred they have been lacking in some areas of human rights, principally in economic, social, and cultural rights. Moreover, while they have also taken steps to combat trafficking, no executions have taken place in Cambodia since 1988. Furthermore, the tribunal created to try offenders accused of international crimes during the regime of the Khmer Rouge has been generally regarded as successful. Unfortunately, the government’s attitude towards civil and political rights remains that of despotic authorities everywhere, that is to say, human rights are considered fine so long as they do not undermine national security and pubic order. Accordingly, the Cambodian government asserts that