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Asia in Review

No. 35, August/2019, 4

Brought to you by CPG

Dear Readers,

Welcome to the fourth issue of ‘Asia in Review’ (AiR) in August providing you an update on the latest developments in constitutional politics, law reform and governance as well as in geopolitics and international relations in Asia.

I wish you an informative read.

With the best wishes,

Henning Glaser

Director, German-Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG)

Webpage: www.cpg-online.de, Facebook: https://www.facebook.com/CPGTU/

Main Sections

• Law and Politics in East Asia

• Law and Politics in South Asia

• Law and Politics in South East Asia

• International Relations, Geopolitics and Security in Asia

• Background Reading

Law and Politics in East Asia 

China/Hong Kong: Beijing steps up rhetoric after violent protest at the weekend

(dql) During the protests at the weekend – the 12th straight weekend of protests – violence brook out after a smaller group of protesters broke away from the day's main police-approved march attacking police officers with bricks, metal poles, and petrol bombs. The police responded with tear gas and usage of a water cannon. [CNN]

A political solution is not yet in sight, as protesters last week rejected Hong Kong Executive Chief Carrie Lam’s proposal for a "platform for dialogue with people from all walks of life" as well as her offer to have overseas experts participating in a fact-finding study of police conduct during the protests conducted by the Independent Police Complaints Council (IPCC). [Straits Times] The IPCC is a civilian body of the Government of Hong Kong, tasked with monitoring the review by the Complaints Against Police Office (CAPO) of complaints against members of the Police Force. It reports directly to the of office Executive Chief and has been criticized for being staffed with pro-government members. [The Guardian]

Lam, for her part, refused to accept the protesters demands including a formal withdrawal of the extradition bill, amnesty for detained protesters, an independent inquiry into the use of police force against protesters, and democratic reforms. [Coconut]

Meanwhile, Beijing is gearing up its rhetoric on the protest. In a commentary, published by China’s state news agency the protests in Hong Kong are described as a “color revolution” whose “intention is to radically destroy the constitutional system and order of the special administrative region. This cannot be tolerated and must be punish according to law”. Similarly, the former deputy director of the Hong Kong and Macao Affairs Office and current head of the semi-official Chinese Association of Hong Kong and Macau Studies spoke of “a decisive battle between upholding and destroying ‘one country, two systems’. [Xinhua, in Chinese] [Takungpao, in Chinese] [South China Morning Post]

Japan: Opposition seeks to challenge Abe’s party’s dominance

(jd) Japan’s two largest opposition parties have announced last week to form a joint parliamentary group in the Diet, in a strategic move aimed to challenge the dominance of Prime Minister Abe’s ruling Liberal Democratic Party (LDP) which together with  its coalition partner Komeito commands the majority in both chambers of the Diet, the House of Representatives and the House of Councillors. The move comes after the ruling coalition solidly won the recent Upper House election. [Japan Today]

South Korea: Opposition party stages anti-government rally

(dql) On Saturday, the main opposition Liberty Korea Party (LKP) staged  rally to protest against President Moon Jae-in's policies and its personnel management. Organizers claimed that the rally was joined by more than 100,000 people.

The protesters' discontent was particularly directed against Moon's nomination of  a former senior presidential secretary for civil affairs as justice minister, who is currently facing investigations over corruption allegations, as well as his decision to pull out of a military intelligence-sharing deal with Japan (see below under 'International relations, geopolitics and security in Asia'). [Yonhap] [Korea Herald]

Taiwan: 2018 pension reform laws partially unconstitutional

(dql) Taiwan's Constitutional Court last week ruled that parts of the reform of employee pension laws in 2018 are unconstitutional as they violate the principle of equal rights.

The ruling applies to provisions stipulating that retired civil servants, military personnel and public-school teachers would be ineligible to receive government pensions if they take jobs at private institutions, which normally offer higher wages than equivalent positions in the public sector. [Taipei Times]

Law and Politics in South Asia 

Bangladesh: Forced disappearances on the rise

(ls) In Bangladesh, the number of forced disappearances by law enforcement officials and torture allegations is increasing, even though the country passed the Torture and Custodial Death (Prevention) Act in 2013. The cases are consistently documented by human rights groups. The United Nations Committee against Torture also demanded to end the practice and recommended steps for implementation. Enforced disappearances in Bangladesh have increased since the passage of the.  The government denies the allegations. [The Diplomat]

India: Opposition leader arrested for corruption

(ls/td) Investigators of India’s Central Bureau of Investigation (CBI) last week arrested Palaniappan Chidambaram, a key opposition Indian National Congress party leader and former finance minister, in a suspected money laundering case. Chidambaram denies the allegation and accuses Prime Minister Narendra Modi’s government of pursuing a political vendetta. [Straits Times]

A group of about 150 lawyers urged the Supreme Court Bar Association to look into the case. The argue that Chidambaram being denied “urgent” listing of his anticipatory bail plea and his arrest suggested that “the rule of law and democracy are in peril”. [Telegraph India]

Maldives: First female judges nominated for the Supreme Court

(ls) The Maldives’ President Ibrahim Mohamed Solih has nominated two female judges to the Supreme Court, sparking a backlash from religious scholars who contend that Islam prohibits women from serving as judges. Local sheikhs largely hold the appointments to be contrary to Shariah law and noted that the Maldives constitution prohibits the enactment of any law contrary to Islam. Despite the criticism, parliamentary approval appears to be certain as Solih’s Maldivian Democratic Party controls a nearly three-quarters majority of the 87-member parliament. [Maldives Independent]

Sri Lanka: Changes to the Muslim Marriage and Divorce Act, allowing female Islamic judges

(ls) Sri Lanka’s Cabinet of Ministers has approved a proposal to amend the Muslim Marriage and Divorce Act. According to the draft amendment, the age of marriage for both the bride and the groom should be 18 years. Furthermore, the bride should sign the Register of Marriage as a sign of her consent. The required qualification for a ‘Kadi’, an Islamic judge to Attorney-at-Law, will be raised. Moreover, the amended law would allow female Kadis, women who will adjudicate family law of Muslims. [Colombo Page]

Sri Lanka: End of emergency rule as investigations into failure to prevent Easter bombings continue

(ls) Sri Lanka has officially ended four months of emergency rule imposed after the Easter Sunday suicide attacks that killed more than 260 people. The emergency laws gave the military and police sweeping powers to arrest and detain suspects without court orders. Curfews and social media blackouts were ordered and implemented as well. Critics say it has been used to unfairly target Muslim citizens. Sri Lankan authorities are confident that all those directly responsible for the suicide bombings have either been killed or arrested. Nonetheless, a parliamentary committee is investigating the government’s failure to act on intelligence shared by foreign services. [Al Jazeera]

Law and Politics in Southeast Asia 

Indonesia: Continued violent protests in West Papua

(ls/td) Indonesia has deployed security personnel to West Papua and cut internet access after the largest protests to occur in the region in years. Incidents of violent demonstrations have taken place across multiple cities in the provinces of Papua and West Papua. But also in Jakarta, demonstrators flew the banned Morning Star flag, the symbolic flag of independence, in front of the state palace. Indonesia’s chief security minister Wiranto headed to Papua last Wednesday, while President Joko Widodo is scheduled to visit this week. [The Guardian]

Particularly violent unrest occurred in Fakfak, where a market was set on fire and street battles erupted between police and protesters who had set fire to kiosks and stalls in the traditional market. Police personnel were seen shooting tear gas and firecrackers toward the clashing mobs. [Jakarta Post]

On Saturday, the government extended the suspension of mobile-data services. The Communications and Information Ministry cited a high volume of hoaxes, false information, racial and provocative messages being distributed in the area as the reason for the suspension. [Bloomberg]

The wave of protests had been sparked by an incident in the Javanese city of Surabaya, where nationalist groups insulted Papuan students, calling them “monkeys”, “pigs” and “dogs”, when the Indonesian police took 43 of them into custody for allegedly disrespecting the Indonesian flag during an independence day celebration. Observers say that this latest episode builds on more than five decades of racism, torture, summary executions, land dispossession and cultural denigration of West Papuans by Indonesian security forces. [The Conversation]

Papua, a former Dutch colony, was initially declared independent in 1961. The Netherlands signed an agreement for a temporary United Nations administration, which also stated that a referendum would be held. The referendum, known as the Act of Free Choice, paved the way for Indonesian sovereignty over Papua in 1969. However, the outcome of the referendum is dubious because only 1,000 handpicked Papuans were allowed to vote. [Channel News Asia]

Indonesia: Plans to move capital from Jakarta to East Kalimantan becoming more concrete

(ls) Following up on last week’s announcement that the Indonesian government is planning to move the country’s capital from Jakarta to the island of Borneo, President Joko Widodo has picked East Kalimantan as the new location. However, Parliament will have to pass a law to approve the President's plan, which could cost billions of dollars and take shape over the next few years. [Straits Times]

Malaysia: New Suhakam commissioner for children

(td) Law lecturer Datuk Noor Aziah Mohd Awal has been nominated the Commissioner for Children of Suhakam, the Human Rights Commission of Malaysia, for the next term, beginning this year until 2022. Aziah is a lecturer at Universiti Kebangsaan Malaysia's Law faculty and a member of the National Council for Child Affairs. Earlier this year, the government opted to appoint a children’s commissioner instead of establishing a children’s commission to resolve issues related to the protection of children. [The Straits Times], [Free Malaysia Today], [The Star]

Myanmar: Continued violence in Shan state

(ls) As reported in last week’s edition of AiR, fighting has intensified between government troops and ethnic minority insurgents in northern Myanmar. During the last week, more than 2,000 people have been forced to flee from their homes, and 19 have been killed in northern Shan state. [Reuters]

Myanmar: Facebook deletes more social media accounts

(ls) Facebook has shut 216 social media pages, groups and accounts in Myanmar, some tied to the army, to stop efforts to “manipulate or corrupt public debate”. The internet company said that the people behind the latest deleted accounts repurposed legitimate news and entertainment content and posted about national and local topics, including crime, ethnic relations, celebrities and the military. Earlier this year, Facebook already deleted several hundred accounts, among them the account of Myanmar’s army chief. [Reuters]

Philippines to set up first Islamic bank with Bangsamoro

(jd) The Philippines’ Department of Finance has agreed to set up an Islamic bank in the new autonomous region led by the Bangsamoro government. This move is expected to increase investments and expand financial services. The department is set to decide on the administrative matters, such as the structure of the bank, in order to suit the government’s system. [Philippine Star]

Thailand: Party’s dissolution causes new constitutional headaches

(ls) New constitutional problems are occurring in Thailand, as Paiboon Nititawan, the leader and only Member of Parliament of the People Reform Party, declared that he planned to dissolve the party. He said the party had to be dissolved because its executives had other work to do and could not fulfil some of the legal obligations to keep the party running. The People Reform Party has been one of ten small parties that joined the ruling coalition under the Palang Pracharat Party. [Bangkok Post]

Paiboon said he intended to transfer the votes that he/his party received in March’s election to the government coalition. However, the opposition and constitutional scholars have expressed doubt as to whether this was legally possible. The Election Commission is now reviewing the case. [Khaosod English]

International Relations, Geopolitics and Security in Asia

China-USA relations I: A week of tit-for-tat tariffs

(dql) Last Friday, China announced to put additional tariffs of 5% or 10% on US imports worth about 75 billion USD starting on September 1, as a retaliatory move against Washington’s announcement earlier this month that it would impose 10% tariffs on Chinese imports worth 300 billion USD, also effective from September 1 on.

In response, U.S. President Trump said hours after Beijing's announcement that he would increase rates of existing tariffs of 250 billion USD of goods and products from China from 25% to 30%, starting on October 1, while “ordering” American firms to find ways  pull out of China. [Reuters] [Vox]

In the light of these tit-for-tat  moves, it was surprising that Trump wrapped up the G7 summit in Biarritz with conciliatory tones when he expressed confidence that the two countries can reach a deal and called Chines President Xi Jinping a “great leader”. [New York Times]

In another unexpected move, Trump also said at the summit that he was open for a meeting with Iran's president under “right circumstances” to discuss an end of the confrontation between Washington and Tehran over the 2015 nuclear deal. Such a meeting would be the first between leaders of the two countries since the Tehran hostage crisis of 1979-81. Trump, however, reasserted that lifting economic sanctions to compensate for Iran’s losses would be out of question. [CBC]

In a latest development, Rouhani, however, reasserted on Tuesday that talks will only be held after “all illegal, unjust and wrong sanctions against the nation of Iran” are lifted, while Iranian Foreign Minister Mohammad Javad Zarif made a visit Beijing meeting his Chinese counterpart Wang Yi on Monday after he surprisingly appeared at the G7 summit over the weekend. [Aljazeera] [Sputnik]

China-USA relations II: US warship through Taiwan Strait

(dql) Adding to already tense relations between China and the USA over Taiwan and the South China Sea, a US Navy ship passed through the Taiwan Strait last Friday. The move came only three days after the US government approved an 8 billion USD arms sale to the island’s military. [Express] [AiR, No. 34, August/2019]

China-Russia relations: Beijing and Moscow aim at Washington after US missile test

(dql) China and Russia have criticized the United States for testing a cruise missile with a range of over 500 kilometres on August 18 which came only few weeks after Washington withdrew from Intermediate-range Nuclear Forces treaty which banned such missiles. Moscow and Beijing accused Washington of fomenting tensions and stoking a new arms race by this "provocative behaviour". [The Guardian] [BBC]

According to US Defense Secretary Mark Esper, who responded to an interview question, the aim of test was to make sure that the USA “have the capability to deter Chinese bad behavior by having our own capability to be able to strike at intermediate ranges.” [Aljazeera]

Russian President Vladimir Putin, meanwhile, has ordered an analysis of the threat level of Washington’ missile test as well as preparations for a “symmetric response”. [TASS]

In a related development, at a meeting of the UN Security Council last Thursday, held upon request of China and Russia over “statements by U.S. officials on their plans to develop and deploy medium-range missiles”, Moscow and Washington mutually accused each other of being responsible for the recent collapse of the Intermediate Range Nuclear Forces (INF) Treaty. [VoA] [Reuters]

Japan, USA conclude framework of trade pact

(dql) Japan and United States have agreed on main elements of a trade agreement expected to be signed in September at the United Nations' General Assembly meetings in New York. According to U.S. Trade Representative Robert Lighthizer, the preliminary agreement is three-fold, addressing industrial tariffs, agriculture and digital trade while tariffs on Japanese vehicles or major auto parts remain. [The Guardian]

Japan-South Korea relations: Seoul withdraws from intelligence-sharing pact

(jd) Signaling a new height in the strained relation between South Korea and Japan who are locked in bitter trade dispute President Moon Jae-in announced last Thursday that Seoul is officially withdrawing from the General Security of Military Information Agreement, an intelligence sharing agreement, with Japan. Moon cited South Korea’s removal from Japan’s whitelist as reason for the withdrawal from of the pact, as it led to “serious changes” in the “security cooperation” between both countries. [JoongAng Ilbo]

Japan and the USA expressed concerns and disappointment over South Korea’s move which jeopardizes US strategy in this region. [JoongAng Ilbo 2]

Meanwhile, South Korea continues military drills on an island that Japan has claimed sovereignty to, adding even more fuel to the fire. The latest military drills, which included the navy, air and army forces, began Sunday. Japan called the drills “unacceptable.” [Japan Today]

North Korea continues test firings

(jd) North Korean media reported on Sunday about the successful test firing of a “new” multiple rocket launch system. This, the media argued, was part of an “indomitable offensive campaign.” On Saturday, two projectiles presumed to be short-range ballistic missiles were launched off South Korea’s east coast. It was the the seventh round of testing since July, which the Pyongyang kickstarted to protest against a recent joint military drills between South Korea and the USA. [Korea Herald]

The two most recent firings, however, were conducted after the end of the joint drills last Tuesday. This has led to analysts believing that the drills were an excuse for flexing military muscles prior to resuming denuclearization talks with the United States. [JoongAng Ilbo]

Kashmir: More violence as Pakistan ponders referral to the International Court of Justice

(ls/td) Hundreds of locals staged a protest march in Srinagar, which has emerged as a center of the protests against Indian Prime Minister Narendra Modi’s decision to withdraw autonomy for Jammu and Kashmir on 5 August. Security forces used tear gas against some stone-throwing local residents. Srinagar is the Muslim-majority region’s main city. [Reuters]

A delegation of opposition leaders including the Congress’ Rahul Gandhi was not permitted to visit the city and talk to local people. They were not allowed to step outside the airport and were put on a flight back to Delhi. Representatives from the media were prevented from speaking to the visiting delegation. While the Modi government claims the situation is peaceful, this narrative has been contested by media reports of recurring violent protests such as the one mentioned above. [Straits Times]

Meanwhile, a campaign is slowly gaining traction that calls for an Indian economic boycott and heavy tariffs against Chinese goods. China backed Pakistan and supported an informal discussion in the United Nations Security Council about New Delhi’s controversial decision. China is India’s second largest trading partner. However, India faces a large trade deficit vis-à-vis its mighty neighbor, a fact which may have fueled public sentiment as well. [South China Morning Post]

Pakistani foreign minister Shah Mahmood Qureshi has stated that his country will approach the International Court of Justice (ICJ) over the alleged human rights violations perpetrated in the valley following the announcement of the decision. However, the jurisdiction of the ICJ is based on the consent of participating states, and India is unlikely to agree. Therefore, also the Pakistani government appears not to have made a final decision on whether to file the case with the ICJ. [The Wire] [Economic Times]

India-Bhutan relations to cover new areas in continuation of India’s Neighborhood First Policy

(ls) India and Bhutan are diversifying the areas of engagement between the two countries by seeking to extend cooperation in space research and technology and collaboration in the areas of education and health services. This was the outcome of Indian Prime Minister Narendra Modi’s state visit (17-18 August) to Bhutan. Bhutan is increasingly engaging with China as well. In its search for more investment and development in the areas of tourism, education and agriculture, the country has also been seeking Chinese cooperation. However, Bhutan is the only South Asian country besides India that is not part of the Chinese Belt and Road Initiative (BRI). [Asia Times]

Coming to power in 2014, the BJP-led coalition under the leadership of Prime Minister Modi considered fostering ties with neighboring countries a major foreign policy priority. Since then, high-level political visits and exchanges between the two countries have become a strong pillar of India-Bhutan ties. From an economic perspective, India has assisted Bhutan particularly in the development of its hydropower sector. [The Diplomat]

Joint U.S.-ASEAN naval exercise in September

(ls) As agreed at a defense ministers' meeting in Singapore last year, the Association of Southeast Asian Nations (ASEAN) will hold its first joint military exercise with the U.S. Navy in the Gulf of Thailand early next month. The drills will primarily take place off the coast of Vietnam's southernmost Ca Mau province, where the US Navy will dispatch "suspicious boats" in a mock exercise to help ASEAN’s navies to "search, verify and legally prosecute" the boats. [Straits Times]

ASEAN also conducted a joint naval exercise with China for the first time in October 2018 off the coast of Guangdong Province. As Vietnam and the Philippines are in a territorial dispute with China in the South China Sea, observers say they could hope that an exercise with the U.S. will help counter China's influence in the region. In July, a Chinese survey ship entered waters where Hanoi has several oil and gas projects in the disputed sea. [Nikkei Asian Review]

South China Sea I: The strategic partnership between Australia and Vietnam

(ls) Australia and Vietnam affirmed their strategic partnership on the occasion of the visit of Australia’s Prime Minister Scott Morrison to Hanoi. In particular, both expressed concern about China’s activities in the South China Sea, where Vietnamese and Chinese vessels are locked in a tense standoff in Vietnamese-controlled waters. In May, two Australian warships had docked at Vietnam’s strategic naval base at Cam Ranh Bay as the two navies stepped up cooperation. The two countries upgraded their relationship to a “strategic partnership” in March last year. [Reuters]

Meanwhile, the Chinese survey vessel Haiyang Dizhi 8 continued to survey Vietnam’s Exclusive Economic Zone (EEZ) southeast of Vietnam’s Phu Quy island. The Chinese vessel group was followed by at least two Vietnamese naval vessels. [South China Morning Post]

South China Sea II: Philippines focuses on legalizing sea lanes

(jd) The Philippines’ President Rodrigo Duterte is expected to sign a bill that specifically designates a single sea lane where all foreign ships could pass, as per the UN Convention of the Law of the Sea. Under this new bill, foreign vessels that pass without Philippines’ permission would be given “unfriendly” treatment. [Philippine Star]

Meanwhile, one Chinese vessel reentered Philippine waters despite a lack of permission because of “bad weather.” China informed the Department of Foreign Affairs of the issue a few days after the incident. [CNN Philippines]

Duterte is set to meet his Chinese counterpart later this week. He is expected to raise the issue of Chinese vessels in the South China Sea after multiple Chinese vessels were spotted in the Philippines’ exclusive economic zone. [Philippine Star 2] [AiR 08/20/2019]

Rohingyas refuse to return as new U.N. report denounces systematic sexual violence by Myanmar security forces

(ls) Members of the Muslim Rohingya minority are refusing to return to Myanmar without guarantees for their safety and a promise that they will at last be given citizenship. In preparation of the repatriation efforts, Bangladesh's foreign ministry had forwarded a list of more than 22,000 refugees to Myanmar for verification. Naypyitaw cleared 3,450 individuals for "return". However, last week no one turned up to enter the five buses and 10 trucks provided by Bangladesh. [Straits Times 1]

Human Rights Watch said, the Myanmar and Bangladesh governments should suspend plans to repatriate Rohingya refugees until returns are safe, voluntary and dignified. UNHCR, the United Nation’s Refugee Agency, as well as Bangladesh authorities have asserted that any returns will be voluntary. [Human Rights Watch]

Meanwhile, conditions in Bangladesh’s refugee camps continue to be strained. Two Rohingya refugees were shot dead by Bangladesh police during a gunfight on Saturday in a refugee camp after they were accused of killing a ruling party official. Rights activists said they believe the two Rohingya men were killed by police in what appeared to be a staged encounter. [The Guardian]

On Sunday, some 200,000 Rohingya rallied in the camps in Cox's Bazar to mark two years since they fled the violent crackdown by Myanmar forces. [Straits Times 2]

On Thursday, a new report by the United Nations Independent International Fact-Finding Mission was released. It concluded that soldiers routinely and systematically employed rape, gang rape and other violent and forced sexual acts against women, girls, boys, men and transgender people in blatant violation of international human rights law. The Mission concluded that sexual violence perpetrated by the military was “part of a deliberate, well-planned strategy to intimidate, terrorize and punish a civilian population.” The Fact-Finding Mission will present its final report to the UN Human Rights Council in September 2019. [UN News] [Al Jazeera]

Background Reading

A visual history of India’s national security laws

(ls) Scroll.in has put together an impressive account of India’s national security legislation from the colonial era to today’s India. The authors argue that the legal framework is not restricted to one or two laws but is instead a persistent logic frequently used against minority communities and dissidents critical of the government of the day. [Scroll.in]

Is the era of “Red versus Yellow” over in Thailand?

(ls) In a piece for the New Mandala, James Buchanan sums up the debate about whether or not the Red/Yellow divide in Thailand is a thing of the past. He argues that, while current lines of demarcation are largely described along the pro/anti-military and democracy vs. dictatorship camps, these divisions were also underscoring the distinctions between Red and Yellow in the early 2000s, and the underlying causes of Thailand’s troubles have not changed since. [New Mandala]

Citizens are speaking out in Vietnam

(ls) The East Asia Forum has published a piece about the rise in political activism in Vietnam. It describes how authorities react not just with repression but increasingly also with tolerance as aggressive campaigns to halt all activism would intensify discontent and challenges to Vietnamese Communist Party rule. According to the author, officials acknowledge that to maintain political order, the party and its government must heed, at least to some extent, people’s concerns. [East Asia Forum]

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