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Law and Politics in South Asia ![]() India: Narendra Modi stakes his claim for a new, conservative India Last week, India marked its 70th independence anniversary. After the country has long been dominated by the Congress India’s levers of power are largely in the grip of Prime Minister Modi and his Hindu nationalist Bharatiya Janata Party. The political vision they pursue in a clean break with the past is those of a majoritarian society shaped by conservative Hindu cultural norms analyzes Amy Kazmin. ![]() India: A yawning gap in India’s political spectrum Indian governments through the decades have been dominated either by the statist, socialist tendencies of the Congress or, in more recent years, the statist, majoritarian tendencies of the Bharatiya Janata Party (BJP), analyzes Narayan Ramachandran, arguing that India must go down as one of the very few large democracies that does not have a credible centre-right party. According to his analysis, the space is wide open for a political party to capture the centrist narrative. ![]() India: Ten-year-old rape victim delivers baby A 10-year-old rape victim whose abortion plea was turned down by the country's Supreme Court has delivered a baby. A local court had refused to grant the child an abortion, saying it was too risky at such a late stage. A plea to the Supreme Court was dismissed. An increasing number of such cases have come to the courts in recent years. ![]() India: Supreme Court on women´s abuse of anti-abuse laws India's laws on dowry and domestic violence are meant to protect women against mistreatment by violent husbands. The Indian Supreme Court, noting that a large number of false cases have being filed to intimidate or blackmail husbands, has ruled that charges against men should be verified in future first instead of men being automatically arrested and put behind bars when their wives level allegations. ![]() Pakistan: Between the legacy of founding father Jinnah and Islam oriented authoritarianism Zia-ul-Haq Two articles on the legacy of Pakistan’s founding father Muhammad Ali Jinnah and fading influence. Does the first show how Jinnah’s ideals of a secular rule of law state had been abandoned in wake of Zia-ul-Haq’s Islam oriented military rule, the second demonstrates the lasting influence of Jinnah’s “Two Nation Theory” for the discourse on the country’s national identity seven decades of its foundation. ![]() Bangladesh: Power Struggle Three articles addressing the current struggle for power in Bangladesh. The first article analyses the chances of Prime Minister Sheikh Haseena and her governing party, the Awami League, to be reelected in the general elections next year against her archrival opposition leader and former Prime Minister Khaleda Zia from the Bangladesh Nationalist Party. The second article deals with the decision of the Supreme Court which paves the way for the trial against Khaleda Zia for bribery charges. If convicted she would be prohibited from running for election. The third article addresses Haseena’s attack on the Chief Justice of the Supreme Court over the Court’s recent constitutional ruling which removed the power of the parliament to impeach Supreme Court judges. ![]() Bangladesh sentences 10 to death for plot to kill PM A Bangladesh court issued death sentences against 10 members of the Islamic fundamentalist Harkatul Jihad-al-Islami group. They have been found guilty of attempting to assassinate Prime Minister Sheikh Hasina back in 2000. Law and Politics in East Asia ![]() Tens of thousands protest in Hong Kong over jailing of democracy activists Tens of thousands of people took to the streets of Hong Kong on Sunday to protest against the jailing of three young democracy activists with many questioning the independence of the Chinese-ruled city's judiciary. The three have been jailed for six to eight months last week for unlawful assembly. ![]() China’s deepening institutional decay Short before the election of the new leadership at the 19th National Congress of the Communist Party of China it is safe to say that Party General Secretary Xi Jinping has achieved two things during his term of office. This is first, the approval of his second term, and second, the successful push for a shift from the institutionalized rule of an elite group following the Deng reform era to a much more personalized rule of one man. ![]() China: Managing the State: Social Credit, Surveillance and the CCP’s Plan for China The release of the Artificial Intelligence White Paper of the Chinese government reveals the latest plan of the party leadership to integrate artificial intelligence more decisively into the established system of control over party, state and society to secure the rule of the Chinese Communist Party. ![]() Video: Prominent Chinese rights activist ‘confesses’ to inciting subversion of state power Jiang Tianyong, a prominent cause lawyer with a record of defending persecuted Chinese human rights advocates in politically sensitive cases, stood trial for charges of subversion of state power where he confessed. ![]() South Korea: Date set for referendum to amend Constitution In his address, marking 100 days in office, President Moon Jae-in announced June 2018 as date for the referendum on the amendment of constitution. Among other, issues of the constitutional revision pertain to the expansion of local government and basic rights. ![]() South Korea: Conservative parties voice concerns over liberal chief justice nominee President Moon’s nomination of Kim Meong-su, former leader of a group of liberal-progressive judges, for the post of the Chief Justice of the Constitutional Court has become a subject matter of a dispute between the political parties. Conservative opposition parties disapprove of the nomination fearing an ideological bias of the court. Recently, the nomination of a conservative judge as Chief Justice of the Indian Supreme Court has caused similar debates. Law and Politics in Southeast Asia ![]() Asean at 50: Region marches towards peace and development, away from human rights Formed under American influence at a time when the region was synonymous with war, poverty and political instability, the “Asean way” of consensus building and intransigent non-interference has undoubtedly been a significant contributor to peace and economic development in Southeast Asia whereas human rights and democracy form a rather lackluster part of its political identity suggests Max Walden. ![]() Cambodia: Targeting NGOs and the opposition Government-aligned news media published a raft of anonymous letters and articles criticizing US founded NGOs of supporting misinformation to create uncertainty and confusion. Some months ago, government officials responded to a leaked training for the major oppositional party, the Cambodia National Rescue Party (CNRP), by accusing the supporting NGOs to assist the opposition intending to overthrow the government. Against the backdrop of the recent ‘Law on Associations and NGOs’, some of the country´s most renowned NGO have come under pressure including summons by the tax administration (link 1). Meanwhile, King Norodom Sihamoni left the country on Sunday just as he was expected to be called to sign some amendments to the ‘Law on Political Parties’ after the CNRP has asked the king to avoid the endorsement while the legislation is under review by the government-stacked Constitutional Council. Bidding literally farewell to the King at the airport, Prime Minister Hun Sen and other core members of the ever governing Cambodian People’s Party maintained that the king was not making a political statement by leaving. The legislative revisions bar political parties from consorting with anyone convicted of crimes like CNRP party leader Sam Rainsy (link 2). The constitutional role of the King in Cambodian constitutional politics, who has called upon voters “not (to) be concerned about oppression, threats or intimidation by anybody” in the run-up to the June communal elections, is addressed in an instructive background article by High Privy Councillor to the King Son Soubert (link 3). ![]() Indonesia: What next after Indonesia’s tax amnesty The Indonesian government has just completed the largest tax amnesty in the country’s history which aims at improving the population´s low compliance rate with tax obligations. Compared to most Asian neighbours, Indonesia suffers from low revenue collection while the country has one of the highest wealth inequality figures in the world. A way to increase the effective tax revenue as the article suggests would be to just tax wealth by introducing an inheritance tax, a land-value tax or an annual wealth taxation, all of which would represent steps towards taxing unearned income and unproductive assets. ![]() Myanmar: Freedom of Speech Two articles on the freedom of speech legislation and its enforcement in Myanmar. Amidst growing concerns regarding the freedom of expression, Myanmar's parliament amended the 2013 Telecommunications Law last week, easing possible sanctions. However, many opposing the law say that the amendments do little to reduce the restrictions on speech with journalists having recently been arrested, such as activist Maung Daung Kha who was imprisoned for six months for defamation (link 1). In another case, a man faces up to two years in jail for allegedly defaming the military in an interview on his harrowing life as a child soldier (link 2). ![]() Breaking the Devil’s Silence: Sexual Violence in Myanmar Reported rape cases have sky-rocketed in recent years in Myanmar, with the majority of rape survivors being under-aged girls. The article presents various possible measures to counter the trend. ![]() Myanmar: Shan Army leaves insurgent league A major member of the United Nationalities Federal Council (UNFC), the Shan State Progressive Party/Shan State Army-North (SSPP/SSA-N), has submitted a resignation letter to the council, with the ethnic armed group on Sunday revealing its plans to leave the coalition. The UNFC’s dwindling membership now consists of just four of initially 12 ethnic armed groups, exemplifying an increasingly volatile situation in the multi-ethnic country. ![]() The Philippines: War on drugs Two articles pertaining to the war on drugs in the Philippines. The Asia Sentinel argues that there is no other word than terror for the drug war policy of Philippine President Rodrigo Duterte intending to spread fear and pander to the basest instincts of the public. The article describes growing concerns that Duterte’s ambitions could go well along the path Ferdinand Marcos has taken (link 1). Duterte himself expressed his satisfaction about simultaneous anti-drug operations which killed a record number of suspects: “Thirty-two died early in Bulacan, in a massive raid. That's good. If we can kill another 32 everyday then maybe we can reduce what ails this country.” (link 2) ![]() Death of Philippine Teenager Stokes Opposition to Duterte’s Drug Crackdown The killing of a 17-years old teenager last week has had an effect that no other police killing throughout President Duterte's war on drugs had: The Senate, though dominated by allies of the president, has opened an investigation indicating concerns among supporters of the harsh policy. while the president himself has ordered that the officers involved be taken into custody — a reversal from his frequent promise to pardon officers who kill suspects without provocation. ![]() The Philippines: Blogger-propagandists, the new crisis managers Pro-Duterte bloggers serve as crisis managers for the Presidential Communications Operations Office (PCOO), alerting them about any negative sentiments about the administration. The social media monitoring skills of the bloggers allow the PCOO to react in a timely manner, a huge boost to the disorganized government office. Pro-Duterte bloggers are also invited to cover government forums and events to spread good news about the administration. ![]() 770,000 Migrant Workers in Thailand Being ‘Legalised’ As a result of Thailand temporarily suspending penalties under its new foreign labour law, over 770,000 illegal migrant workers have decided to register with the state so far. Through harsh new fines and an increased risk to conduct illegal employment activities for employers and employees alike, the Thai government is aiming to eradicate illegal employment and human trafficking, while ensuring a more extensive protection of migrant workers’ rights. ![]() Thousands of police will be deployed for Yingluck verdict on Friday This Friday, over 4,000 police will guard Thailand’s Supreme Court and surrounding areas when a verdict on ousted Prime Minister Yingluck Shinawatra is announced. Increasingly large crowds have gathered around the court during Yingluck’s previous court appearances, with around 3,000 supporters expected to turn up this time. The date is significant for Thai politics, since it represents the first time a Thai leader is being prosecuted for a policy, in what some analysts call an effort to crush the Shinawatra political machine. International Relations, Geopolitics, and Security ![]() Rebalancing Pakistan within Asia´s emerging security order The rebalancing of Pakistan within Asia´s emerging security order goes on as the articles below are highlighting from different perspectives. In the wake of the expected new US policy towards Afghanistan, senior officials in Pakistan said it would lead to Pakistan further leaning towards China and Russia (link 1). US Central Command Gen. Votel in a meeting with Pakistan’s army chief Gen. Bajwa announced the review the US-Pakistan relationship in the of Pakistan's counter-terrorism (link 2). Whereas India has voiced her backing of the US blacklisting of Hizbul Mujahideen as a foreign terrorist organisation (link 3), Pakistan's Prime Minister Shahid Khaqan Abbasi confirmed his country's readiness to strengthen economic cooperation with Turkey (link 4). ![]() A geo-politically expanding China (I): China's ambitions in Africa and Antarctica The establishment of a military base in Djibouti reveals Beijing’s intensifying global outreach and positioning as a global power even if its military presence abroad is incomparable with those of the US and their military ‘base belt’ (link 1). Meanwhile, China’s engagement in the Antarctica worries other players in the international community unclear about Beijing´s actual ambitions there (link 2). ![]() A geo-politically expanding China (II): OBOR from an Indian perspective and a skeptical view on the downside of Chinese infrastructural investment Adding too much hope among some ASEAN member states to benefit from the OROB plan the three articles below provide some more skeptical perspectives from different points of view. The impact of the One Road one Belt project on India - India feeling the heat on Belt and Road Dhruva Jaishankar analyzes the reasons for India’s skepticism towards China’s One Belt One Road initiative. One set of issues relates to the China-Pakistan Economic Corridor (CPEC), casting traditional Chinese neutrality between India and Pakistan into doubt. Another issue relates to the Maritime Silk Road, where India perceives many commercial projects being potentially used for military purposes. For the author, India’s response could lie in enhancing connectivity and cooperation more concerted as well. A scary glimpse into how China's OBOR can ruin small countries From the perspective of small countries, the One Belt and One Road initiative, on the one hand, provides opportunities with regards to building up infrastructure and thus improve trade. On the other, these countries risk to become victims of Chinese high-interest loans. We will be very careful with China projects: Philippines The Philippine government confirmed a strict vetting process for Chinese companies wanting to invest in the country. ![]() North Korea as a security issue: North Korea knows it can’t afford to go to war The widespread image of an imminent readiness of the North Korean regime to go to war is misleading as Pyongyang is well aware it cannot afford go beyond rhetoric aggression (link 1). However, North Korea’s nuclear threat overshadows the country’s actual cyber space attacks that are to be considered a serious security risk (link 2). China’s North Korea policy manifests Beijing’s two-fold role and position as a powerful actor and powerless observer (link 3).
![]() Chinese and Indian troops clashing with stones in the Himalayas Indian and Chinese troops clashed in the mountain region of Ladakh on August 15 adding to the simmering tensions between the two countries with soldiers throwing stones at each other and engaging with bars and rifle butts for about 30 minutes on India's Independence Day. Although border infringements between the countries are not unusual the exchange of limited violence is significant in the given context suggesting the possibility of carefully graduated escalations by design. ![]() India has upgraded its main battle tank of Russian origin The Indian army has modernized its Russian-origin T-90 tanks, enhancing their strike capability in various ways as assessed by this article on the latest technological changes and upgrades. ![]() How China is helping Malaysia’s military narrow the gap with Singapore, Indonesia Chinese weapons present a tempting target for Prime Minister Najib Razak’s cash-strapped government and could add a new dimension to the fast-growing economic links between the two countries. Though Kuala Lumpur is unlikely to abandon defence procurement from the West any time soon, potential procurement of Chinese arms would be a way for China to “balance strategic relations with major powers”. ![]() US warship collision exposes Singapore-Malaysia sea dispute Malaysia has disputed Singapore’s account that a maritime accident between an American destroyer and a merchant vessel took place in the Republic’s territorial waters. Though Malaysian authorities said that “the most important thing is to focus on search and rescue”, the statement brings back memories of the conflict over the ownership of Pedra Branca which, in 2008, the International Court of Justice ruled to be Singapore territory. ![]() Taiwan: Counterintelligence remains weakness Recent Chinese espionage activities confirm Taiwan’s need of a better counterintelligence for which, however, an appropriate legal framework and political consensus among the leading parties is still required. Both is currently lacking. Background Reading ![]() Political Conservatism Today: State and market in the post-industrial economy This essay introduces the main tenets of the ideologies of conservatism and neoliberalism and argues that political conservatism – in order to remain a useful approach to politics – needs to liberate itself from its merge with the neoliberal ideology of the free market and put issues of welfare-state on the political agenda. As our newsletter is still in its beginning stage, we would greatly appreciate your feedback! Please send any feedback you have regarding this newsletter to: info@cpg-online.de Also, don't forget to Like CPG on Facebook, and browse our website for updates and news! ![]() ![]() ![]() ![]() ![]() ![]() |