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Human Rights Outlook in Southeast Asia 2017

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Human Rights Outlook in Southeast Asia 2017 Human Rights Outlook in Southeast Asia 2017 Human Rights in Southeast Asia Outlook 2017 i Human Rights Outlook in Southeast Asia 2017 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: 2017 Copyright© Strengthening Human Rights and Peace Research and Education in ASEAN/Southeast Asia ISBN 978-616-443-219-2 Publish 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 viii BRUNEI DARUSSALAM 1 CAMBODIA 17 INDONESIA 31 LAO PDR 47 MALAYSIA 57 MYANMAR 77 PHILIPPINES 93 SINGAPORE 111 THAILAND 125 TIMOR-LESTE 139 VIETNAM 153 Appendix 171 About SHAPE-SEA 178 Foreword On 25 August 2017, just two days after the Advisory Commission on Rakhine State chaired by former UN Secretary General, Kofi Annan, issued its final report, ‘Towards a Peaceful, Fair, and Prosperous Future for the People of Rakhine,’ attacks were waged by a “Rohingya insurgent group” against Myanmar’s border guard. Retaliation in the form of a military crackdown as well as vigilante responses were violent, driving almost 700,000 Rohingyas to flee Myanmar and seek refuge in Bangladesh. As a result, more than a million Rohingyas now find themselves packed into Cox’s Bazar and its environs. Indeed, it is considered to be the fastest growing refugee movement in the world. At the same time, the war on drugs is intensifying in the Philippines under elected President, Rodrigo Duterte, as part of his policy to “clean up the Philippines and root out … crime and drugs.” Thousands of people have been killed including high school student, Kian Loyd Delos Santos, and two other teenagers, incidents which sparked large protests against the President. Despite the public outcry, Duterte remains unrepentant, declaring “it will be a policy until the dying days of my presidency or my life.” While UN agencies and the international community condemned the above, ASEAN leaders have remained steadfastly silent with the exception of the Malaysian Prime Minister and his government who called on ASEAN to intervene as the plight of the Rohingya was no longer an internal affair of Myanmar but a regional issue requiring a regional response. Despite this, no concrete action to stop the violence or alleviate the plight of the refugees has been taken by ASEAN thus far. Increasing human rights violations and the retreat of liberal democracy in Southeast Asia is likely to continue without regional reaction from existing human rights mechanisms in ASEAN. Outlook 2017, which, for the first time after three years of publications, now includes a complete picture of all 11 countries in the region, highlights the situation outlined above. The report continues to remind us that human rights violations are ongoing, insecurity is omnipresent, and democratic institutions are weakening, all of which leaves advocates frustrated. It is these shared frustrations that should mobilise and unite us to challenge those in power to address the situation. Only then will Southeast Asia be a “peaceful, fair, and prosperous society.” Sriprapha Petcharamesree, PhD Chair of SHAPE SEA Institute of Human Rights and Peace Studies (IHRP), Mahidol University Nakornpathom, Thailand September 2018 Human Rights in Southeast Asia Outlook 2017 vii Introduction Azmi Sharom* This is the third volume of the Human Rights Outlook in Southeast Asia series and we are very pleased to announce that for the first time, it includes all eleven nations in the region. This series, or as we fondly call it, the Outlook, is a product of the Strengthening Human Rights and Peace Research and Education in ASEAN/Southeast Asia programme (SHAPE-SEA) – a collaboration between the ASEAN Universities Network–Human Rights Education (AUN-HRE) and the Southeast Asian Human Rights Studies Network (SEAHRN), with support from the Swedish International Development Cooperation Agency (SIDA). SHAPE-SEA has many objectives, one of which is to disseminate human rights knowledge through publications. The Outlook is one such effort. With it, we attempt to achieve two effects. First, to introduce an avenue through which to examine and analyse the developments (or regressions) of human rights in the individual countries of Southeast Asia. This was achieved by asking experts to prepare chapters, not simply by writing factual reports which one could glean from any number of sources, but also by providing their own personal insights and viewpoints. This is why, as far as possible, our experts actually hail from or have lived in the countries they write about. The second objective is to produce a body of work from a temporal perspective. As such, all chapters follow a set template and each volume covers a different time period: 2014-2015, 2016, and now 2017. This means the authors, although given freedom to explore areas they consider to be of the greatest concern, were asked do so within certain boundaries, thus allowing easy comparison from year to year, which, when taken as a whole (a 2018 Outlook is already in the works), will constitute a five-year analysis of human rights in Southeast Asia. This does not mean, however, that each Outlook is not a good source of reference in and of itself! In this volume, we see the problems normally associated with human rights in Southeast Asia still persisting throughout the region, the most common being the suppression of civil and political rights. In particular, the use of colonial age laws, such as those outlawing sedition, still exist in Malaysia and Singapore, along with a slew of home- grown laws in all countries which together pose a serious threat to the freedoms of expression, assembly, and association. There are obvious similarities in all the countries studied, but there are also some key differences. Some of these result from a nation’s unique situation. For example, * Chairperson, SHAPE-SEA Publications Committee. viii Human Rights in Southeast Asia Outlook 2017 Timor-Leste is a young country and its birth was a painful one, marred as it was by serious conflict and loss of life. As such, the Commission for Reception, Truth, and Reconciliation of East Timor (CAVR) was established to uncover human rights violations during the period of conflict (1974-1999) between the Timorese and the Indonesian government. They have done so and recommendations have been made. Yet progress to achieve transitional justice for survivors of the conflict has been slow, despite creation of the National Centre – From Memory to Hope which was convened to facilitate CAVR’s recommendations. It is hardly surprising that activities such as the building of memorials have failed to satisfy survivors more concerned with justice and reparations. This is leading to a loss of faith in the legal system which may very well result in a trust deficit potentially causing future problems. Elsewhere, issues found in the first two Outlooks unfortunately still endure. In Thailand, the military continues to rule and there seems to be no end in sight despite the promise of elections which, at the time of writing, remain unfulfilled leaving the country once again without a democratically elected government. The so-called war on drugs in the Philippines continues almost unabated with even children being caught up in the maelstrom. In the one year period between 2016 and 2017, fifty-four minors were killed. And of course the humanitarian crises engulfing the Rohingya and other internally displaced persons in Myanmar, is another ongoing human rights disaster still in search of a solution. Religion remains a factor in the Southeast Asian human rights discourse. In Vietnam, religious groups are seen as a threat to the reigning Communist party because their activities are oft intertwined with more general human rights claims. Thus, they are demonised by the authorities as well as investigated, arrested, and generally harassed. Even more troubling is the use of private players to attack such groups. For example, the Red Flag Association is a frequent instigator of assaults on activists and religious communities. Yet while ostensibly a private group, it is seemingly protected by the government which condones or at least turns a blind eye to its activities. Similarly, in Indonesia, several churches have been bombed by Muslim extremists which is clearly a concern for religious minorities. Naturally, the state was also troubled about such crimes which led to developments in the country’s anti-terror laws (giving rise to a whole host of other human rights concerns). Moreover, other provisions such as anti-blasphemy legislation have been used to suppress religious minorities, thus helping to legitimise and focus the force of extremist activities. Brunei is pressing ahead with its implementation of Sharia law although progress has slowed with no further developments to report in this period but the potential for gross human rights violations resulting from amputations, floggings and other forms of brutal punishment obviously classifiable as torture, remain. While Brunei planned Human Rights in Southeast Asia Outlook 2017 ix to introduce Sharia law in stages, and stage one is now complete, stages two and three have stalled, as a result, the chapter argues, of concerns over foreign investment. The effect of the wider world on Southeast Asian countries cannot be underestimated either.
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