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Asia in Review

No. 1, January/2020, 1

Brought to you by CPG

Dear Readers,

Welcome to the first issue of Asia in Review (AiR) in 2020. Soon, we will provide you the AiR Annual Issue 2019, a compilation of all 53 AiR issues of 2019, rearranged and with an interactive table of contents making it easier to find the areas you are interested in.  

We wish you a good read and a nice day or night wherever you read the AiR.

Best regards,

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: New Liaison Office Director appointed amid continued protest

(dql) The new year in Hong Kong started like the old year had ended: On New Year’s Day Hong Kong saw an anti-government protest march for which the protest organizer, the Civil Human Rights Front, claimed a turnout higher than the 1.03 million estimate for the first major rally against the extradition bill back in June 2019. Police, however, put the figure at 47,000 during the march while another 13,000 were still at the starting point. The march which began peacefully ended in clashes between protesters and police and around 400 arrests. [South China Morning Post] 

Meanwhile, Luo Huining, former governor and party secretary of Qinghai and Shanxi provinces, has been appointed new Director of China’s Hong Kong Liaison Office replacing Wang Zhimin widely believed to have been sacked over Beijing’s discontent with his crisis management in the past year. It is the first major leadership reshuffle since the protests started in June. [BBC]

While Luo is credited with having successfully enforced the central government’s anti-corruption campaign in Shanxi to stabilize the province’s economy, his appointment comes as a surprise as he has no direct experience in Hong Kong. It remains to be seen whether the change in personnel will lead to a change in policy.

Luo himself remained silent on this in his maiden speech, in which he only reassured that the “One country, two systems” formula would provide the best advantages for Hong Kong and expressed his confidence that the city will overcome the agony of the past months and “go back to a right path” to achieve long-term stability and prosperity. [Asia Times]

China: Pro-democracy activists detained

(dql) Indicating further shrinking space for civil liberties in China, more than a dozen pro-democracy activists, partaking a gathering to discuss democratic transition of the country, went missing or were arrested by authorities during a roundup at the end of the year, according to Chinese Human Rights Defenders, a non-government organization of domestic and overseas Chinese human rights activists and groups, headquartered in Washington DC. [NCHRD][Hong Kong Free Press]

Taiwan: President Tsai set to be reelected 

(dql) Final polls for the presidential election on coming Saturday indicate that President Tsai Ing-wen of will secure a second term in office as she enjoys a 45% to 29% lead over her main contender, Kaohsiung Mayor Han Kuo-yu of the main opposition Kuomintang (KMT). [Focus Taiwan 1]

Less probable is that Tsai’s party, the ruling Democratic Progressive Party (DPP) will be able to win again the majority of seats in parliament in the legislative election to take place on the same day.  Currently the DPP holds 68 out of 113 seats. [Focus Taiwan 2]

Last week, election campaigning was put on hold for a few days after eight armed forces members, including the Chief of the General Staff, were killed in a helicopter crash. Results of the investigation into the causes of the crash are expected for this week. [Reuters]

South Korea: Prosecution clashes with political parties over indictment of lawmakers

(dql) The Seoul Southern District Prosecutor's Office filed charges against lawmakers from the ruling Democratic Party (DP) and main opposition Liberty Korea Party (LKP) for breaching parliamentary law and causing disturbances in the context of a mass brawl that took place inside the National Assembly in April 2019 over a set of contentious reform bills. Among indicted are 23 lawmakers form the LKP and five from the DP.

The move was criticized by both parties. While the LKP called the move “political” and an attempt to “kill the opposition party” ahead of the general elections in April, the DP, pointing to the fact that among the five indicted DP lawmakers four are members of the judiciary reform committee, accused the prosecution of seeking revenge for the party’s push for the reform of prosecution which the prosecution itself objects. [Korea Herald]

South Korea’s law provides harsh punishments for interrupting the parliamentary proceedings. Those found guilty face up to five years in jail or up to 10 million won. Lawmakers who are sentenced imprisonment or imposed a fine of more than 5 million won are deprived of rights to run for election. [CNN]

South Korea: Military guardhouse system to be alobished

(dql) South Korea has announced to revise the Military Personnel Management Act to put an end to the military guardhouse system, signaling efforts to better protect the human rights of draftees. 

The guardhouse system, under which rank-and-file soldiers who commit wrongdoings can be sent to military confinement facilities for up to 15 days by a decision of a military disciplinary committee, has been criticized for limiting conscripts' personal liberty. 

The reform bill, now pending in the parliament, provides that any incarceration of soldiers will only be possible through an official court trial, and those convicted while being in service will be put in a military prison instead of a confinement facility. [Yonhap]

Law and Politics in South Asia 

India: BJP loses another State Assembly 

(jk) Despite Modi's sweeping victory in the federal elections, the BJP has been removed from several state governments since. Among the key states that have been lost more recently was Maharashtra, a particularly important state due to its elevated economic and financial status. [Asia in Review, No. 49, December/2019, 1]

Last week,  the ruling BJP lost yet another state assembly poll in central Jharkhand State. The BJP's 25 out of 81 seats were not enough against a tri-party opposition alliance including the main opposition party Congress. [Livemint]

Continued protests in India

(lf) As expected, protest in India continue into the new year. One recent clash took place at the Jawaharlal Nehru University (JNU) in Delhi, where several masked men attacked students and teachers. Left and right-leaning student groups at the University blame each other but there is a fear that the BJP wants to silence the anti-government voices within the traditionally left-leaning University. 

While protests at JNU mostly evolved around University fees, and not specifically against the CAA, they are part of larger anti-BJP protests and exemplify fears of escalating violence and lawlessness in the capital, as well as the silencing of opposing views to the ruling party. [BBC1] [The Guardian 1] [BBC2].

In Hyderabad (a city with 40% Muslim population) 100,000 people gathered in peaceful protest against the new law. [The Guardian 2] 

Pakistan: Protests against killing of Iranian Commander

(fs) In the light of the killing of Iranian Commander Qassem Soleimani in a U.S. drone strike in Iraq, thousands of Pakistani Shi’ite Muslims expressed their resentment through rallying in Karachi. Protestors carried images of Iran’s Supreme Leader Ayatollah Ali Khamenei, as well as of Soleimani, chanting slogans of “Death to America” and “Death to Israel”. Attempts of reaching the U.S. consulate were prevented by governmental security forces blocking the road with containers, resulting in minor brawls. 

In his speech, Shia leader Allama Shehanshah Hussain Naqvi praised Soleimani’s engagement in the defeat of Israel, the U.S. and ISIS in the Middle east and called his killing an “act of terrorism” and “an attack on the state’s sovereignty to be condemned”. [Reuters]

A smaller demonstration in the country’s capital Islamabad remained peaceful. It was led by a large number of leaders of the Majlis Wahdatul Muslimeen (MWM). During the demonstration, an MWM leader rated the U.S. as the “worst and most hated enemy of Islam” and demanded that the Muslim world frees itself from the American influence. Another leader urged Pakistan’s government to clarify its brotherly bond to Iran and to take a stand in the current situation. [Tribune]

Pakistan establishes new healthcare program for transgenders

(fs) The Pakistani government now issues a new special health ID card to enhance health care access and supply free medical treatment to disadvantaged sectors of Pakistani society. A recurring problem of the country’s health system is that transgender people often were declined medical treatment simply due to the fact that doctors were not able to decide whether to treat them in the male or female ward. As a reaction to this matter, Dr. Zafar Mirza, a special aide to Prime Minister Imran Khan for health services, announced the government’s plans to establish separate wards for transgender people in hospitals. 

Although the government has improved the rights of transgender people consistently throughout the last years [Asia in Review May/2018, 3|, they are still largely confined to the margins of society, often taunted and violently attacked in public. In a 2017 held census, 10,000 transgender people registered, whereas rights group Charity Trans Action Pakistan gave an estimation of at least 500,000.  [Al Jazeera] [Gulf News]

Bangladesh: Arrest Warrant for former Chief of Justice 

(lf) In Bangladesh, courts have issued an arrest warrant for former Chief of Justice for corruption. He is accused of having embezzled 465,000 US dollar. Since its independence in 1971, this is the first former chief of justice to face prosecution. [Nation Pakistan]

2019: A year of Internet shutdowns in South Asia 

(lf/jk) As the protest in India continues against the CAA, the police and government have shut down the internet in several provinces. The most recent shut downs have affected the Province of Uttar Pradesh and Assam, where protests have been especially violent and large in scale. As mentioned previously, this is not the first time authorities in India have used this practice and India remains the country with the highest shutdown rates. [Asia in Review, No. 52, December/2019, 4]

Earlier this year, the Indian government shut down the internet in the provinces of Jammu and Kashmir, resulting in one of the longest consecutive internet shutdowns in a democracy, lasting since early August [Aljazeera]. India is not the only country in South Asia however that has used internet shut downs. Bangladesh, in the past week, shut down internet access in its border region to India [Businessinsider] [Reuters], and has previously done so in the Rohingya refugee camps where the internet has been cut since early last year [Washington Post]. 

Pakistan, ranking low on Freedom House's freedom of the net index, [Freedomhouse Pakistan], also has a history of shutting down the internet, as does Sri Lanka. There, officials had cut down social media access to reduce the spread of misinformation after the Easter Bombings last year [CNBC]. Southeast Asian neighbour Myanmar is also known for its internet shutdowns in various states [The ASEAN Post].

Reducing the freedom of the internet and shutting it down altogether to silence oppositional voices is a worrying trend in the region. Overall, 2019 has seen unprecedented lows in internet freedom all across Asia, with several countries seeing their internet freedom decrease [Freedom House].

Law and Politics in Southeast Asia 

Singapore: Opposition party reacts to POFMA correction directions

(jk/fs) After the Singaporean Democratic Party (SDP) has been ordered to correct two Facebook posts and one article under the Protection from Online Falsehood and Manipulation Act (POFMA) in December 2019 [Asia in Review No. 51, December/2019, 3], it defends the statements made as “true and correct”. 

A SDP spokesman announced that the party will file an application to the Ministry of Manpower (MOM) to alter or retract the correction direction the ministry had issued back in December.  The SDP accuses the MOM of deliberately presenting the SDP’s posts as false and the government in general to stymie political debate through the use of POFMA.  The government said it was a coincidence that the first few cases of POFMA were all political in nature and targeted opposition figures. [South China Morning Post]

According to a ministry spokesman SDP published specific falsehoods, and standing by its position triggers a POFMA-process to follow. In the event of MOM rejecting the application, SDP’s next move would be to file an appeal to the High Court.  [The Online Citizen] [The Straits Times]

Malaysia's 1MDB scandal: fugitive financier Jho Low accuses government

(fs) Malaysian businessman Low Taek Jho, who is currently facing charges because of his alleged central role in the US $ 4.5 billion 1MDB scandal, conceals his current location and does not plan to return to Malaysia, for fear of not getting a fair trial. In his first interview in four years, Low blamed the Malaysian government for victimising him and his family during the process and ignoring basic human rights by branding him as the “mastermind” and orchestrator of the scandal, whereas he just represents an “easy target”. [South China Morning Post 1]

At the same time, former prime minister Najib Razak faces three different trials for his involvement in the 1MDB case. According to his lawyer, bringing Najib’s alleged accomplice Jho Low to court could turn the process to a more positive outcome for the him, since among others, Low could be used as an important witness and his examination could exonerate the defendant. In response to Low’s interview, the lawyer stated that Low is indeed the scandal’s central figure and his depiction of himself as the scapegoat is not true. [Malay Mail]

New Year messages in Cambodia 

(fs) In his New Year message, the National Police Commissioner praised last year’s work of the Cambodian police, referring to its engagement in cracking down on political activists and opposition. In particular, he mentioned fending off a political coup led by opposition figure Sam Rainsy. He also lauded the cooperation between the national police and armed forces in maintaining peace and public order under the leadership of prime minister Hun Sen. [Khmer Times]

Reacting to his message, several Cambodian activists raised concerns whether the country’s current situation could be described as peaceful calling it a “political crisis and increasingly chaotic” and at the same time criticizing that “in Cambodia, those who dare to destroy the country and please Hun Sen are the ones who are rewarded.” Khem Sokha expressed hope to his supporters that the “new decade may change the course of history and lead Cambodia to real peace”. [Radio Free Asia]

Myanmar: No results after talks on Rohingya repatriation 

(lf) The December talks between the Burmese government and representatives of the Rohingya refugees in Bangladesh have ended without results. The meeting was supposed to pave the way for the return of the refugees from Bangladesh to Rakhine state in Myanmar but speakers of the refugees say the government has offered no new incentives for returning. [Dhaka Tribune] [Voice of America News]

Thailand: Handouts of cannabis oil at Bangkok clinic 

(jk) After becoming the first country in Southeast Asia to legalise medical marijuana, a clinic in Bangkok opened this week, offering cannabis oil to hundreds of patients. Thailand's health minister said that the drug has been "de-stigmatised" in Thailand. Recreational use however is still illegal and carries severe penalties of up to 10 years in prison. [Yahoo]

International Relations, Geopolitics and Security in Asia

China joins Russia and Iran in first ever trilateral naval exercise and blames USA for killing of Iranian General 

(dql)  China, Russia and Iran held an unprecedented joint naval exercise outside the Strait of Hormuz from 27 December until 31 December 2019. While the drill focused only on joint rescue and anti-piracy operations, it sends a strong signal to the world at a time of heightened tensions between these countries and the USA. The commander of Iran's navy is quoted saying: “Today, the era of American free action in the region is over.” [Eurasia Review][Newsweek]

The exercise came shortly before the U.S. killing of Iranian General Qassim Suleimani on January 2 which has escalated the tensions between the USA and Iran, with both sides announcing tit-for-tat retaliatory attacks and counterattacks. [Axios] [CNN]

In response, Beijing urged all sides to exercise restraint, while warning that “[t]he dangerous US military operation violates the basic norms of international relations and will aggravate regional tensions and turbulence.” Furthermore, at a meeting with his Iranian counterpart this Tuesday in Beijing Chinese Foreign Minister Wang Yi called the US withdrawal from the 2015 Iran nuclear pact and the sanctions against Iran “the sources of the current tension arising over the Iranian nuclear issue.” [Xinhua] [South China Morning Post]

For prospects of Iran’s integration into the China-Russia Eurasian architecture see Micha’el Tanchum in [East Asia Forum], who argues that “[a]nything short of a complete security arrangement for Saudi Arabia and the United Arab Emirates that is guaranteed by US military power will open the door for China and Russia to further reorient Iran and its Arab rivals towards the China-Russia Eurasian framework.”

China-Japan relations: Tensions resurface over El Salvador port development project

(dql) Warming ties between China and Japan has seen a set-back when it was revealed last week that Tokyo pressured El Salvador to scrap plans to hand over operating rights of a port to a Chinese company by threatening to withdraw its funding of 102 million USD for development projects in the Central American country which switched diplomatic ties from Taiwan to China in 2018.

Tokyo’s move reportedly came after Washington expressed concerns about the Chinese firm's interest in the project and signals the broader Sino-US tensions over China’s infrastructure expansion plans in the frame of its Belt and Road initiative. [South China Morning Post]

Japan and Vietnam vow to deepen cooperation

(dql) Taking aim at China, the foreign ministers of Japan and Vietnam at a meeting in Hanoi expressed their shared commitment to maintaining freedom of navigation and the rule of law in the South China Sea and agreed on close maritime security cooperation. They also agreed to work together to realize complete denuclearization of North Korea as well as to bring more countries into the Trans-Pacific Partnership free trade agreement. [Japan Times]

Vietnam holds the ASEAN chairmanship this year and is non-permanent member of the UN Security Council for 2020-2021.

Xinhua begins Urdu service in Pakistan

(jk) Xinhua, the leading state-run press agency of the People's Republic of China, has launched an Urdu service in Pakistan and signed memoranda of understanding with a dozen local media publishers. It will now provide news services to local news agencies in both English and Urdu. [Nikkei Asian Review]

In Pakistan, a Special Assistant to the Prime Minister on Information said last week that Xinhua has been portraying a positive image of Pakistan globally and that local news outlets should do similar things with regards to the China-Pakistan Economic Corridor [Newsweek Pakistan] which has been criticized time and again, in particular in Baluchistan. 

Xinhua plays a crucial role in the Chinese Communist Party's strategy to influence narratives in media reporting. 

New momentum in the South China Sea? Criticism mounts as Indonesia rebukes China's claim 

(jk) Last week, Jakarta had protested to Beijing over the presence of a Chinese coast guard vessel in its territorial waters around the Natuna Islands. The "strong protest" and summoning of the Chinese ambassador in Jakarta was met with a statement from Beijing claiming that China has sovereignty of large parts of the South China Sea and "normal" fishing rights in the concerned area.

In a relatively sharp response, Indonesia's Foreign Ministry asked China to explain the "legal basis and clear borders" regarding its claims based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS), also mentioning the arbitration ruling in the Hague in 2016. [Jakarta Post 1] [Sydney Morning Herald] 

Indonesia's official position is that it is a non-claimant state in the South China Sea having no overlapping claims with China. The Natuna Islands however, in fact outside even of the spurious "nine-dash line", are just south of the Spratly Islands, which are claimed by China, and amid increasing presence and scope of China's claims and actions, Indonesia is concerned about more Chinese vessels illegally entering and fishing in its waters.

Indonesia has stepped up sea and aerial patrols of islands, deploying navy, army and air force personnel to the area, including eight war ships. [South China Morning Post] [Channel News Asia] It has also said it has mobilised over one hundred fishermen to operate in the area, supposedly to reinforce Indonesian presence. [Jakarta Post 2]  

The move that publicly denounces China's "historic rights" and again redirects some of the attention to the 2016 ruling, comes after the Malaysian Minister of Foreign Affairs called China's claims "ridiculous" earlier in December [Asia in Review, No. 52, December/2019, 4] and the country submitted its extended continental shelf claims beyond a 200 nautical mile exclusive economic zone (EEZ) to the United Nations’ Division for Ocean Affairs and Law of the Sea, based on a joint  submission made with Vietnam in 2009. [Asia Times] The joint submission did not indicate a division of the claims between the two countries, but it does pose a direct challenge to the Chinese claims. [Asia Sentinel]

With Vietnam as the ASEAN chair for 2020, recent moves in Malaysia, Indonesia and steadily simmering unease about Chinese involvement also in Philippine waters, some observers see a difficult year ahead for Chinese claims in the South China Sea. Whether these actions will result in anything tangible and more than "strong protests" however remains to be seen and is dependent on outside support as well as whether or not Southeast Asian countries can find a common position from which they can challenge Chinese claims. 

Malaysia Receives First of Four Large Patrol Ships Built in China

(jk) Malaysia's Navy has received one of four large patrol ships it had ordered from China. The deal, first approved by former Prime Minister Najib Razak in 2017 and then slightly renegotiated under current PM Mahathir, is the first of its kind between the two nations. Malaysia has ordered the ships amidst a naval modernization effort reflecting new realities in its neighbourhood. [Radio Free Asia]

Background Reading

A closer look at Vietnam’s defence white paper of 2019 

(jk) In November 2019, for the first time in ten years, Vietnam released its Defence White Paper amid increasing tension with China in the South China Sea and an overall changing security environment. [Radio Free Asia] This article looks at the White Paper in more depth from an American perspective and interprets it as a clear message to China that it’s continued coercion may lead to closer defence relations with the US. While Vietnam does try to continue to balance its defence relationships, the authors claim that "Vietnam’s latest defense white paper is full of warnings to China and opportunities for the United States." [War on the rocks]

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