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About The Habibie Center The Habibie Center was founded by Bacharuddin Jusuf Habibie and family in 1999 as an independent, nongovernmental, non-profit organisation. The vision of The Habibie Cen- ter is to create a structurally democratic society founded on the morality and integrity of cultural and religious values. The missions of The Habibie Center are first, to establish a structurally and culturally democratic society that recognizes, respects, and promotes human rights by undertaking study and advocacy of issues related to democratization and human rights, and second, to increase the effectiveness of the management of human resources and the spread of technology. Project Supervisor: Ir. Hadi Kuntjara, M.Eng.Sc., Ph.D (Executive Director) Research Team: Imron Rasyid Johari Efendi Muhamad Arif Nurina Vidya Hutagalung Sopar Peranto Supporting Staff: Natassa Irena Agam (Finance) Mayka R. (Layout and Design) CIVIL LIBERTIES AND DEMOCRATIZATION IN ASEAN I Contents About The Habibie Center i Contents ii Preface iii Executive Summary iv List of Abbreviations vii Section 1: Introduction 1 General Description of Southeast Asia 3 Methodology and Writing Structure 6 Section 2: Civil Liberties in Indonesia, Malaysia, and Thailand 7 2.1. Indonesia: A Case of Withering Success in Democratic Transition 8 A Portrait of Civil Liberties in Indonesia 8 The Decline of Civil Liberties in Indonesia 10 Regulatory Factors 11 The Polarization of National Politics 13 The Weakening Trust on the Roles of Civil Society Organizations 14 Civil Liberties in Indonesia within the Past Decade 14 2.2. Malaysia: The Bright Spot in Asia? 16 Regulatory Factors 17 Political Changes in Malaysia 17 Civil Liberties in Malaysia Prior to the 2018 Election 18 Civil Liberties Post 2018 Election 21 2.3. Thailand: Stagnation in Civil Liberties Amidst Improvement in Democracy Index 23 Introduction 23 A Brief History of Democracy in Thailand 24 Regulatory Factors 25 Stricter Regulations to CSOs/NGOs’ Activities 26 A Review on Civil Liberties During and After the Ruling of Military Junta 27 Section 3: Conclusion and Recommendations 31 Bibliography 35 II CIVIL LIBERTIES AND DEMOCRATIZATION IN ASEAN Preface he providence of civic spaces and ensuring The Habibie Center views that civil liberties need to fundamental rights of association, assembly, be discussed amidst the declining trend of global T and speech are essential in a democracy. democracy. Therefore, in November 2019, The Democratic states are obligated to ensure civil Habibie Center held a seminar entitled Shrinking liberties for its citizens to allow multiple perspectives Civic Space and Peace Building in ASEAN: Challenge to coexist. The importance of civil liberties is and Recommendation for Indonesia, Malaysia, and reflected by the incorporation of this issue into the Thailand. The seminar invited experts from said Universal Declaration of Human Rights in the United countries. The seminar was intended as a forum to Nations, strengthened by International Covenant on allow for information-sharing and discussion about Civil and Political Rights. In addition, constitutions the situation of civil liberties in each country, as well in democratic states should guarantee civil liberties. as identifying recommendations for the governments However, constitutional guarantee does not and civil society organizations in providing and automatically push a country to ensure civil rights. ensuring civil liberties in each country. Considering Multiple obstacles are present in struggles for civil the importance of issues on civil liberties, the result rights, which come in the forms of regulatory factors of the seminar was supported by desk review and a as well as violations against civil liberties in day to focus-group discussion, which are encapsulated in day life. this report. in contrast to the much less disputed freedom of The Habibie Center’s research team would like to religion and beliefs, which most countries do respect, extend our gratitude to multiple parties who have freedom of association, assembly, and speech could contributed their inputs and comments to this be restricted. Restriction may be imposed under report. We would also like to express our utmost multiple possible considerations, such as security, gratitude to The Sasakawa Peace Foundation for their public safety and morals, and general public health. support for the seminar and throughout the writing It is also possible that the principles of necessity, process of this report. This report is written as The legality, and proportionality are regarded in attempts Habibie Center’s contribution for the development to restrict civil liberties. of democracy in Indonesia and ASEAN. CIVIL LIBERTIES AND DEMOCRATIZATION IN ASEAN III Executive Summary reedom of association, assembly, and speech, Important findings from this report are: as an important component for civil liberties, 1. Malaysia and Thailand’s successes to hold peaceful Fis experiencing major obstacles, as it is elections enabled these countries to improve their increasingly restricted in multiple countries, including performances in the Democracy Index, in which in ASEAN member states, such as Indonesia, Malaysia, they were ranked at the 43rd and 68th positions, and Thailand, which become the focus of this report. respectively. However, Indonesia is only able to Populist politics became a factor to the strengthened acquire the 64th position, achieving an increase of restrictions against civil liberties. Populist politics – one rank from the previous year. Indonesia used which supports discrimination and rejection towards to exemplify how democratic transition could be cultural, religion, political choices, and racial plurality achieved successfully, although today, the country – is gaining more traction within the last few years. has faced polarization among societal groups since Aside from populism, major increase in fake news, the 2014 election. hoax, and hate speech on social media platforms has also disrupted national security, further justifying 2. A better position in the Democracy Index does attempts to delimit civil liberties. These tendencies not automatically translate to improvement in civil harm democratic values and its growth within the liberties. Such condition emerged as an increase region. in direct political participation and procedural democracy from civilians has led to better functioning Civil liberties are regarded as fundamental rights governances in all three countries. However, multiple for all citizens, as stated in the Universal Declaration regulatory loopholes hindered civilians from taking of Human Rights (UDHR). All countries are obliged control over the democratically elected governments, to provide and ensure civil liberties. International who have turned to restrictive measures towards civil Covenant on Civil and Political Rights (ICCPR) liberties. In practice, constitutions which guarantee also stated that civil liberties could be impeded civil liberties do not fulfil their purposes. under multiple considerations, such as: national security, public safety and moral, and the rights of 3. This report found that Indonesia, Malaysia, and other people. Such measure should be taken with Thailand’s constitutions endorse civil liberties. considerations on the principles of necessity, legality, However, regulations under their constitutions put and proportionality. Multiple parties have stated that out a lot of restricting rules to impede civil liberties. violations on civil liberties characterize the demise of Therefore, these countries need to formulate democracy. regulations which are harmonious with measures which could facilitate civil liberties. IV CIVIL LIBERTIES AND DEMOCRATIZATION IN ASEAN 4. Measures to limit civil liberties have been taken Third, Indonesia needs to put more effort to achieve by both state and non-state actors. These measures, better democracy after the existing identity-based as demonstrated by multiple cases in all three political polarization in 2014 to 2019. Depolarization is countries, may include: (a) restrictions on freedom needed through resistance against the hegemony of of association, assembly, and speech; (b) utilizing the ruling parties of political elites whose narratives legal articles which call for coercive measures against often perpetuate social discord. Considering critical activists who stood in opposition of the ruling alternative narratives which could topple discourses government; (c) coercion against anti-corruption, pertaining to conflictual narratives is also needed. environmental, pro-democracy, and student Such narratives could be developed by members activists; (d) restraints on mass media and violence of civil society or the academia, such as scholars or against journalists; (e) limitations towards activities students; as well as supporting political elites who are by civil society organizations; and (f) violence against in favor of pluralism and do not involve themselves in marginalized groups, such as minorities, women, and the existing contentions. indigenous peoples. Fourth, building networks among members of civil The non-interference doctrine in ASEAN pushed its society would facilitate a safe space for the society, members to strengthen their respective democracies as well as CSOs, to advocate against abuse of power from within in order to contribute to regional-level by the government. development of democracy. However, cooperation between civil society organizations should be Fifth, a data-based research