Asia in Review 

Brought to you by CPG

 

Dear Reader,

Welcome to this week’s CPG Asia in Review providing an overview of most important news and happenings from India and Pakistan to Southeast Asia to China and Japan. As always, we inform you on ‘constitutional politics and rights’, ‘geopolitics, international relations and security’ and issues with regards to legal reform issues across the region. In our ‘background reading’ section, we offer some book reviews and an obituary on a noteworthy human right scholar, Wiktor Osiatyński.

With the best wishes from the entire CPG team, I wish you a pleasant and informative read on what has been going on in Asia.

Henning Glaser

P.S. You can find previous newsletters, CPG's latest online magazine and other material on our website. As always, we are most happy to also receive your feedback!

 

Constitutional Politics and Human Rights in Southeast Asia

 
 

Thailand: Thai rice politics boiling ahead of Yingluck trial verdict - Government seeks to cut production as export market returns to normal

Yingluck’s ongoing trial for negligence in the management of her government’s paddy-pledging scheme, which allegedly cost the state around 500 billion baht, highlights 2 important lessons for Thailand. First, the country’s rice economy is in need of an innovative turnaround to become more market-driven and less subsidy-driven, reducing the room left for corruption. Second, Thai court’s ruling on such a high-profile case is crucial in determining its legitimacy and credibility among the population, as a politically motivated verdict risks deepening Thailand’s harmful political divide. 

(Nikkei)

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Thailand: Controversial strategy and reform bills set path for future

Thailand’s recent bills on the 20-year national strategy have raised mixed reactions. While some believe a legally binding instrument is crucial to steer future development, others worry that it would cripple governments-to-come and represents an attempt to consolidate military power in the future. The new committee to be headed by Prayut will basically replace the former NRSA, which is now being slammed for not creating any tangible outcomes. 

(The Nation)

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Thailand: Thai Officials Deny Reports on Abduction of Laos-Based Activist

Thai officials have denied any involvement in the abduction of Laos-based red shirt activist Ko Tee.  Ko Tee had been living in Laos in self-exile. He has been missing since Saturday, when he was apparently abducted by kidnappers who “were definitely not Laotian officers”. News of the abduction coincides with claims of possible rioting by the red shirts on August 25.

(Radio Free Asia)

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Thai fishing sector in hot water

In 2015, the EU effectively threatened to ban Thai seafood imports if Thailand was not able to end environmentally damaging fishing practices and abusive labor practices. The seafood industry has also come under scrutiny from the US. Together, these represent two of the three biggest export markets for Thai seafood. Calls for change seem to have been heard as Thai Union, the world’s largest producer of canned tuna, struck an agreement with Greenpeace to improve its supply chain, thereby leading the way for other producers. 

(Nikkei)

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Malaysia: Chinese money pouring into the country could help Najib with votes

China is investing billions in a US$7.2 billion redevelopment that will see Malacca, long the haunt of Chinese traders, become a new deep sea port. It is also providing funds for infrastructure projects down the eastern seaboard of Malaysia, key heartland areas for Prime Minister Najib Razak ahead of an election that could be held this year.

(The Edge Markets)

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Malaysia: Two articles on the rights of stateless Rohingya children and illegitimate children in Malaysia 

While the Malaysian government will not give special privileges to children of Rohingya refugees born in Malaysia, Malaysia's Court of Appeal ruled that Muslim children conceived out of wedlock can take their father's name, a decision that has sparked a debate over whether the country's civil court can set aside a fatwa.

(The Malay Mail Online, The Strait Times)

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Cambodia: The governing CPP’s Election Strategy in Minister´s account - Cash, Power, Beatings

Far from an official government issued statement, but striking nonetheless, one of Hun Sen’s cabinet members was allegedly citing the PM on his election strategy for 2018. According to the minister, Cambodian authorities will not react lightly to potential protests surrounding the elections. 

(The Cambodia Daily)

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Myanmar: Poor Prospects for Rights and Democracy

The chief editor of the Myanmar Now non-profit news agency, Ko Swe Win, was arrested at Yangon International Airport on Sunday. He is being charged under controversial Article 66(d) of the Telecommunications Law by a follower of the Buddhist nationalist group Ma Ba Tha. The Article allows up to three years in prison for 'extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening any person using a telecommunications network'. The detention of Swe Win is the latest in a recent series of actions against journalists in the country that rights advocates say violate freedom of expression. Nevertheless, Aung San Suu Kyi and the NLD remain silent and appear not to be prepared to risk the support from among Buddhist voters.

(The Irrawaddy, The Washington Post, The Interpreter, New Mandala)

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Indonesia’s Death Penalty Debacle Exposed

Indonesia’s Attorney General’s Office and Supreme Court are being accused of maladministration in the July 2016 execution of a Nigerian citizen charged for drug trafficking. This news comes amid President Widodo’s sustained policy to execute convicted drug traffickers. Shockingly, the president and Indonesia’s chiefs of police and narcotics agency have urged officers to summarily execute dealers who resist arrest. 

(Human Rights Watch)

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Philippines: Further deteriorating human rights conditions in the Philippines as the war on drugs gets more nasty.

The death of Philippine Mayor Reynaldo Parojinog, accused of drug ties by President Duterte, and multiplying summary executions reported by United Nations experts, point to increasingly difficult human rights conditions in the Philippines.

(The New York Times, Rappler)

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Constitutional Politics in East and South Asia

 
 

China - 12 Regions of China: Why the Center Still Reigns Supreme

China’s regions have always been seen as a potential threat to the unity of the country. Today, however, modern technologies of transportation and communications as well as effective policies of the state governing the regions will ensure that the center will remain politically unchallenged.

(The Diplomat)

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China: After Fall of Chongqing Party Boss, Chinese Officials Clamor to Demonstrate Loyalty

Chinese President Xi Jinping’s signature anti-corruption campaign continues to make major headlines. It has been argued that the campaign significantly strengthens Xi’s hand, which seems all the more important with the crucial party congress coming up this fall. Former Chongqing party boss and successor of Bo Xilai, who was sentenced under corruption charges in 2013, Sun Zhengcai was put under investigation for “severe violations of discipline”. In the aftermath, many party officials rally around Xi.

(The Epoch Times)

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Japan in troubled waters

While it may be premature to proclaim Japan to be in dire straits, its political crisis is certainly worsening. Abe, who’s term comes to an official end in late 2018, is falling in popularity polls, his party is struggling with a historic loss at the recent elections in Tokyo, and one of his protégés, the former defense minister, had to step down amid a political scandal. Read more on it here and be sure to watch this space in the coming weeks and months! 

(UPI, Reuters, CNN, CNB )

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India: Two articles on the current political condition of the Indian state

While Mihir Bose argues that, since Narendra Modi’s astonishing election victory in 2014, the country seems to be turning its back on the tolerant, secular society India’s founding fathers wanted, Manish Tewari write that the Bharat-India cleavage has widened to an unprecedented degree. According to his analysis, the disconnect between ground narrative and public discourse is nothing short of hallucinatory.

(The Guardian, The Indian Express)

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What is India's president actually for?

The Indian presidency differs from most presidencies across the world. The president does not exercise executive powers - he is the head of the state, and is required by the constitution to act on the advice of ministers. This article assesses how previous presidents interpreted their office and how their legacy affects the role of the president today.

(BBC)

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Sri Lanka: Two interviews on politics and the prospects of reconciliation in Sri Lanka

In an exclusive interview four-time Premier Ranil Wickremesinghe describes his hopes of restoring unity and reconciliation among all communities after Sri Lanka’s past 40 years of very difficult times, whereas S. K. Senthivel, General Secretary of the New Democratic Marxist Leninist Party, describes the case of one “oppressed class” village engaged in this struggle, and the decline of the popularity of Leftist political organizations in such villages.

(Sri Lanka Guardian)

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Sri Lanka's current political impasse: Some additional thoughts

Sri Lanka faces a three-fold crisis--within the regime, at the governance level, and in its ability to transform from authoritarianism to democracy.  Although the crisis was avoidable, it is not reversible and it poses the very real risk of a relapse to authoritarianism.  There may, however, be a way out!

(Ground Views)

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Maldives - the dark side

Male, the Maldivian capital, has seen clashes between police, army and lawmakers this past week. These stem from a political crisis surrounding the increasingly hard-line president Abdulla Yameen and his parliamentary opposition, who allege autocratic behavior on behalf of the president. The Maldives, traditionally politically close to India, is also strategically important to China, which has been investing heavily in the island nations infrastructure recently.

(Nikkei)

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Pakistan lawmakers pick Abbasi to replace ousted PM Sharif

Along-time ally of Pakistan’s ousted Primie Minister Nawaz Sharif has been elected to replace the ousted premier.  Shahid Abbasi, takes Pakistan’s helm, vowing he is there to “work and get some important things done” and be a mere placeholder.  But Shahbaz Sharif, Nawaz Sharif’s brother, waits in the wings for his chance to rule.

(BBC)

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International Relations, Security and Geopolitics in Asia

 
 

China: PLA reform & assertiveness

Since its founding back in 1927, China’s People’s Liberation Army has undergone a tremendous transformation from a revolutionary army to a modern military force. A reflection of this development was the military parade conducted on Sunday in Zurihe in Inner Mongolia to mark the 90th anniversary of the founding of China’s People Liberation Army. It was a show of force and demonstrated President Xi Jinping’s determination to thoroughly modernize the China’s military the latest testimony of which is the creation of the Scientific Research Steering Committee, a new research agency on military technology and innovation.

(South China Morning Post, Global Times)

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South China Sea

The contest for the South China Sea continues unabated, testing established relationships and national interests of countries both within and outside the region. The first two articles below examine Philippines’ President Duterte’s rapprochement with China, and question the stress Duterte places on ASEAN and the Philippine Constitution with his joint energy plan.  The third article examines Vietnam’s failure to press China with the legal leverage it accrued from The Hague’s Arbitatral Tribunal award to the Philippines last year, and its present strategies utilizing military and diplomatic avenues and and resource development partnerships. The fourth article highlights the concerns of the United Kingdom about China’s claims to the SCS, as reflected in its Foreign Secretary’s commitment to deploy its two new aircraft carriers to SCS freedom of navigation operations upon their completion in order “to vindicate our belief in the rules-based international system.”

(South China Morning Post, Asia Times, East Asia Forum, The Guardian)

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International Relations in Asia  

 
 

Taiwan: Taiwan Quietly Winning Diplomatic Competition with China

Taiwan has quietly expanded its visa-free status with 166 countries in the past decade, demonstrating its ability to maneuver diplomatically despite China’s increasing pressure to isolate it internationally.  

(VOA News)

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Sri Lanka – China: Sri Lanka says 'geo-politics' addressed in strategic China deal

Sri Lanka on Saturday sealed a billion-dollar deal to let a Chinese state firm take over a loss-making port in a move that worries many, including its giant neighbour India that is nervous about China's infrastructure moves into its traditional sphere of influence.

(Economy Next)

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Pakistan-USA: Two articles on US pressuring Pakistan to do more against terrorism

U.S. and Afghanistan say Pakistan is not doing enough to control deadly terrorist groups within its borders, and this situation could worsen if Pakistan continues its slide into political chaos. In the same line, Congressman Larry Pressler argues that Pakistan is a rogue state and should be treated as such until it ends its support for international terrorist organizations.

(New York Times, Hindustan Times)

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Pakistan – China Relations

The relations between Pakistan and China are subject of public statements of two high profile former and incumbent Pakistani government officials. While former High Commissioner to India Abdul Basit rejects accusations of Pakistan being colonized by China, Army Chief Qamar Javed Bajwa expresses Pakistan’s gratitude for China’s support in the Kashmir conflict. 

(India Today, NDTV)

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Indonesia – Pakistan: Indonesia eager to expand ties with Punjab

In the frame of his visit to the Punjab Board of Investment & Trade, Indonesian Ambassador to Pakistan Iwan Suyudhie Amri expressed Indonesia’s interest in increasing its economic cooperation with Punjab and Pakistan respectively.

(The Nation)

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Indonesia – Russia: Indonesia Acquiring Russian Fighter Jets

Philippine military gets significant boost with new surveillance planes and rockets from US

In this week, the Philippines received a donation of the United States in form of two surveillance aircraft and rocket munitions reflecting ongoing cooperation despite disturbances between both countries on the diplomatic level. In the meanwhile, Indonesia’s Defence Ministry announced the purchase of Russian fighter jets by end of this year. 

(Quwa, Asian Correspondent)

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Terrorism in Asia 

 
 

Terrorists’ cross-border movements targeted

An Indonesian terrorism research team detected 16 mosques in seven provinces as loci supporting the Islamic State terrorist group. They function both as place of ideological indoctrination and as place of recruitment of fighters. In a related development, Indonesian Coordinating Minister for Political, Legal and Security Wiranto agreed with Ministers from Australia, Malaysia, Brunei, the Philippines and New Zealand at a meeting at the weekend in Manado, Indonesia, to intensify cooperation in preventing cross-border movements of terrorists. Special attention was paid to those fighters returning to Southeast Asia from the Middle East after the collapse of the Islamic State there.

(The Australian, ABC News)

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Singapore: Soldiers to be equipped with anti-terror skills

Singapore has increased its terror-threat specific training for the armed forces as a new training institute was opened for this purpose. Training and drills will address particular threats in urban environments and the protection of critical structures such as Changi Airport or reclaimed Jurong Island.

(The Strait Times)

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Taiwan seen as a vulnerable target as foreign terror threat grows

Taiwan is not immune from terrorist attack, but critics contend it remains ill-prepared to deal with this increasing threat.  Still lacking: badly needed formal anti-terror regulations.

(Asia Times)

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New Legislation in Asia

 
 

India: Drafting a new data protection law

For the first time in its history, India has started work on a specific data protection law, which is expected to look at aspects such as data sovereignty, data retention and responsibilities of government. Justice B. N. Srikrishna, former judge of the Supreme Court of India, will head a Committee of experts which has been formed to deliberate on a data protection framework for the country.

(ET Tech)

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Indonesia: Indonesia Passes Law to Chase Tax Evaders Overseas

In an effort to increase tax revenue from money which Indonesian citizens are hiding on bank accounts outside the country, Indonesian political parties agreed to request the parliament’s approval of a new law that would make financial data held in other countries accessible to tax officials. Finance Minister Sri Mulyani Indrawati expects revenues of 185 trillion rupiah (approx. 14 billion US Dollar) based on this law.  

(Bloomberg)

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Taiwan: Pension Reform Made in Taiwan

New laws containing an overdue pension reform in Taiwan have passed the Legislative Yuan last week. President Tsai is facing strong political and legal opposition against the new legislation.

(China Policy Institute: Analysis)

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Useful Background Readings

 

Book Reviews

 
 

Malaysia: Once We Were There – Debut novel breaks every taboo in the book for Malaysians

Race, religion, politics, corruption, sex – nothing is off limits for Bernice Chauly in Once We Were There, a daring page-turner, framed by events of Reformasi movement, about a mother in Kuala Lumpur caught up in rapid social change.

(South China Morning Post)

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Is Political corruption in India intractable? – On N Ram´s Why Scams Are Here to Stay: Understanding Political Corruption in India

In a new book, “Why Scams Are Here to Stay: Understanding Political Corruption in India”, eminent journalist N Ram breaks new ground by presenting an original and devastating analysis of political corruption in contemporary India and its near intractability.

(Asia Times)

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A Story of Public Interest Litigation in India - Anuj Bhuwania´s “Courting the People: Public Interest Litigation in Post-Emergency India”

The new book “Courting the People: Public Interest Litigation in Post-Emergency India” by Anuj Bhuwaniabreaks, retells the story of public interest litigation (PIL) in India. The “slim, sleek, fast-paced and hard-hitting book” (Goutham Shivshankar) has received much attention in academia already.

(Economic and Political Weekly)

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Obitury: Wiktor Osiatyński 1945 – 2017

 
 

Limits of Human Rights by Chris Stone

An obituary of Wiktor Osiatyński, a professor of constitutional law and human rights who served for many years on the Global Board of the Open Society Foundations, and who died this month in his native Poland. Christ Stone expects that particularly his final book, “Human Rights and Their Limits”, will leave a long-lasting impression.

(Open Society Foundations)

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