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Asia in Review

No. 52, December/2019, 4

Brought to you by CPG

Dear Readers,

CPG’s ‘Asia in Review’ team wishes you a Merry Christmas and an informative read about the latest developments in law, politics and international relations in Asia.

With 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: Rallies against crackdown on protest fundraising platform and in support of Xinjiang Uighurs

(dql) Thousands took to the streets in Hong Kong on Monday after police froze 9 million USD in funds, raised to support the anti-government protests, and arrested four people accused of misusing the fund to launder money last week. Ongoing police investigation focuses on Spark Alliance, a non-profit online platform set up in 2016 which has been able to solicit millions of USD to support the protests. Spark Alliance condemned the police actions as “smear tactics” by the police. [South China Morning Post] [Reuters]

In another rally on Sunday, hundreds of people joined a demonstration expressing their solidarity with the Uighurs in Xinjiang. A banner reading “Today Xinjiang, tomorrow Hong Kong” was set up on the stage at the demonstration venue. [Hong Kong Free Press]

In an earlier development, motions to invoke special legislative powers to investigate alleged brutality of police in handling the protests were voted down by the majority of pro-establishment lawmakers in the Legislative Council. The motions were initiated by pro-democracy lawmakers and referred to the protest on June 12 when protesters attempted to disrupt the second reading of the now-withdrawn extradition bill in the Legislative Council, resulting in the police firing hundreds of tear gas rounds, rubber bullets and beanbag rounds to disperse crowds. [EJ Insight]

Meanwhile, Chinese President Xi Jinping, speaking at a ceremony held on the occasion of the 20th anniversary of Macau’s handover to Chinese rule, reassured Beijing’s uncompromising stance against interference of foreign forces with Hong Kong and Macau, while praising Macau for manifesting the “manifold shining points of ‘one country, two systems’” including love for China and a firmly established basic law. Xi's praise for Macau is widely seen as a call upon Hong Kong to emulate Macau. [Asia Times] [Xinhua, in Chinese]

China: Student flash mob protest against new Fudan University charter

(dql) A video clip of a flash mob of students at Shanghai’s Fudan University, one of China’s leading universities enjoying the reputation of one of the country’s most liberal schools, draws attention to continued efforts of the Chinese Communist Party to tighten ideological control over universities.

In the clip, which went viral on Chinese social media and was then censored, students are singing the Fudan University anthem which includes a reference to “scientific independence” and “freedom of thought”. The students are widely seen as expressing their discontent over changes to the University’s charter which came into effect in early December, according to a notice of the Ministry of Education last week. The changes include – among others – the removal of the wordings “free thinking” and “academic independence”. The governance at the University, so far in the hands of “teachers and students” and under “democratic management”, has been placed in the new version of the charter with the “Chinese Communist Party Fudan University Committee” and its “chancellor”. [Reuters] [South China Morning Post] [Baidu, lyrics of Fudan University anthem, in Chinese]

Taiwan: Pro- and anti-KMT presidential candidate rallies

(dql) Three weeks ahead of the presidential election in Taiwan, parallel rallies for and against Han Kuo-yu, the opposition Kuomintang’s candidate, were staged at the past weekend in the southern city of Kaohsiung where Han has been elected mayor in November 2018.

While hundreds of thousands anti-Han protestors took to the streets to demand that he withdraws his candidacy or to step down as the city’s mayor, an equally high number of demonstrators joined a parallel march to support him. [Deutsche Welle]

In a related development, leaders of ‘Wecare Kaohsiung’, the movement pushing for a recall of Han as city mayor, announced that their recall petition has passed the threshold of the necessary 22.800 signatures in the first phase and announced to quickly follow up with the second stage in which estimated 228,000 signatures would be needed before the Central Election Commission could hold a vote on recalling the Kaohsiung mayor. Han is accused of dereliction of duty towards the Kaohsiung local government as he is allegedly is preoccupied with his bid for presidency. [Focus Taiwan]

South Korea: Parliamentary impasse over controversial electoral bill broken?

(dql) It looks like South Korea’s lawmakers have been able to overcome the impasse regarding the contentious parliamentary electoral reform bill that has been paralyzing the parliament’s work throughout the past weeks.

On Monday, the ruling Democratic Party (DP) reached an agreement with three minor parties and a group of lawmakers on a final version of the electoral reform bill which would shift the country’s current single-member district system to a mixed-member proportional with 253 of the 300 parliamentary seats being directly elected seats and 47 proportional representation seats. Following the agreement the bill was introduced to the parliament to be vote on Monday late night. However, the main opposition Liberty Korea Party (LKP) stage a filibuster to block the vote. [Korea Times]

In a latest development LKP, which called the agreement a “political collusion”, announced its plan to set up a new affiliated party that only seeks proportional representation seats. At the same time the party continues its filibuster to block the vote until Wednesday when the current extra parliamentary session will end.  The DP earlier requested the opening of a new extra session for Thursday. [Yonhap]

Law and Politics in South Asia 

Pakistan: Musharraf handed death sentence for high treason

(jk) Former Pakistani President General Musharraf, who seized power in a military coup in 1999 and suspended the constitution and imposed martial law in 2007, one year before he was ousted, has been sentenced to death in absentia by a special court in Pakistan after being convicted of high treason. [Dawn 1]

Musharraf left Pakistan in 2016 for medical treatment and has lived in exile in Dubai since. Back in October, some media reports surfaced claiming that he was planning to make a comeback in national politics by reviving his All Pakistan Muslim League (APML) party despite the trial against him. [Asia in Review, No. 41, October/2019, 2]

The case marks the first time in Pakistan's history that a military chief has been handed a death sentence for high treason. The military denounced the special court’s ruling, saying they were in “pain and anguish” over the decision. [Asia Times]

To some observers, the verdict is nothing short of historic as it challenges the "military’s predominance and demonstrates the growing assertiveness of the judiciary". [Dawn 2] A detailed assessment of the verdict, its background and implications can be found here [Brookings].

Amidst the tension regarding the ruling, Justice Gulzar Ahmed took oath as Pakistan's 27th Chief Justice on Saturday. [AA]

Death sentence for Pakistani lecturer in blasphemy case

(jk) A university lecturer in Pakistan has been sentenced to death after being convicted for posting blasphemous remarks on social media in 2013. He was also accused of hosting a British novelist for a guest lecture and sharing blasphemous remarks then. The case of the lecturer was ongoing for over six years and back in 2014, his former lawyer was shot and killed for taking the case. His current lawyer, as well as international rights groups, openly doubt that he, as in many other blasphemy cases, received what would be considered a "fair trial". [The Guardian] 

India: Government cracks down on internet access amid increasing death toll during protests

(jk) In the face of ongoing protests against India's citizenship bill [Asia in Review, No. 51, December/2019, 3], heavily criticized by the Congress, India's main opposition party, but defended by the Modi government [The Straits Times], authorities increasingly use internet shutdowns in parts of the country in order to stymie the protests.

The actions are part of a larger trend, especially prominent in India, which sees the shutting down of communication channels and the internet as a whole as an increasingly popular tactic to reign in large protest movements. A civil society coalition concerned with internet shutdowns globally stated that in 2018 almost 67 per cent of the world’s documented shutdowns occurred in India.

The protests have turned violent last week, leaving thus far at least 23 people dead, according to the police.  [South China Morning Post]

Sri Lanka: Rajapaksa retracts from Hambantota port renegotiation remarks

(jk) Against expectations that the newly elected Sri Lankan president Gotabaya Rajapaksa and his brother, Prime Minister Mahinda Rajapaksa, will establish closer relations with China, the new government announced early in December that it wants to renegotiate the previous regime’s 99-year lease of the strategically located port of Hambantota to China. [Asia in Review, No. 49, December/2019, 1]

Now, things seem to revert to the more expected path with President Rajapaksa stating that his government will not renegotiate the existing agreement and the Chinese embassy immediately after releasing a statement saying that it appreciates the President’s clarification. [WION]

Law and Politics in Southeast Asia 

Cambodia to issue own report on indigenous people’s situation

(fs) Continuing the dispute about the EU’s evaluation of the human rights situation in Cambodia [Asia in Review No. 51, December 2019/3], Prime Minister Hun Sen announced that a report addressed to the EU will display the country’s achievement in the protection of indigenous people’s rights. The report will be defended in Geneva. A Cambodian Human Rights Committee (CHRC) spokesperson denied any form of discrimination against indigenous people in Cambodia or other ethnic conflicts, referring to the inclusion of Kuoy, Bunong, Sam Rae and Cham people.

In opposition to this, the Cambodian Centre for Human Rights (CCHR) said the Committee on the Elimination of Racial Discrimination’s (CERD) report raised concerns about hate speech, including such by political leaders, against indigenous people and disclaims that the country’s efforts were sufficient to remedy the inequalities experienced by ethnic minorities. [Phnom Penh Post]

Just last week [Asia in Review No. 51, December 2019/3], the Cham people living in the Mekong delta were commanded to leave said area in order to “beautify” Phnom Penh in anticipation of the upcoming Asia Europe Meeting in 2020.

Cambodia: Online gambling ban will come into effect on 1st of January 2020

(fs) Cambodian Prime Minister Hun Sen declared that with the ending of this year, all existing online gambling licenses will expire, enforcing the country’s new ban of online gambling. He substantiated the government’s decision in this matter with the uncontrollable growth of organized crime and money laundering, both risking the kingdom’s safety and its attractiveness for good-intentioned international investors. In August of this year the relevant ministries were instructed to stop issuing new licenses and renewing existing ones.  [Phnom Penh Post]

Philippines: After 10 years, judges come to verdict on Maguindanao massacre

(lf/ls) After ten years of investigations and trials, 101 suspects in the Maguindanao massacre have received a verdict. The three masterminds were sentenced with the highest possible penalty of 40 years. The massacre occurred in November 2009 during the Maguindanao provincial election campaign, where several members of the media and supporters of the political rival of then provincial governor Andal Ampatuan Senior (who died in prison in 2015) were murdered.

Andal Ampatuan Sr. and his family had ruled Maguindanao through a reign of terror since 1986, unleashing violence and brutality on voters and his rivals while cultivating powerful patrons in Manila. At the peak of his influence under former president Gloria Arroyo, his private army numbered over 2,000 men. The massacre was also marked by particular brutality. Wielding a samurai sword, Ampatuan Jr. led the attack while his men shot at victims at point-blank range or mutilated their bodies with machetes. [Straits Times]

While the judgment has been an important step for justice for the family members of the 58 victims, 80 people accused are still on the run. Several witnesses had also been murdered during recent years. Amnesty and Reporters without Borders mark the Philippines as one of the most dangerous countries in the world to be a journalist. 15 journalists have been killed this year alone. [Taz, in German] [Amnesty]

Philippines: Several attacks in the south

(lf) After President Duterte had announced to lift martial law in the Southern Philippines by December 31, the region has been struck by several attacks in different cities. Several people have been injured. It is yet unclear who has caused the attacks. The Southern Philippines had been under martial law since May 2017, when members of the terror organisation Da´esh seized the city of Marawi. While attacks are still present in the Southern Philippines, the intensity and nature has changed. In March 2019, the Philippines government and the separatist group Moro Islamic Liberation front had signed a landmark peace deal, which is expected to bring stability and prosperity to the region. However, many other groups have been excluded from this deal. [AlJazeera] [Reuters]

Philippines: NATO report on four models of political trolling

(ls) The NATO Strategic Communications Center of Excellence published a report titled “Politics and Profit in the Fake News Factory: Four Work Models of Political Trolling in the Philippines” earlier this month. It identifies four emerging organization models of “fake news” factories affecting Philippine politics and public opinion: a state-sponsored model, an in-house staff model, an advertising and PR model and a clickbait model. [NATO STRATCOM COE] [University of Massachusetts Amherst]

Singapore High Commissioner responds to POFMA-critic UK article

(fs) After British newspaper The Economist published an article criticizing Singapore’s new Protection from Online Falsehoods and Manipulation Act (POFMA) and calling it “part of the government’s criticism-suppressing arsenal” [The Economist], Singapore’s High Commissioner to the United Kingdom Foo Chi Hsia issued an open letter to refute the accusations.

In the letter, she defends the controversial law as a necessary step for Singapore being “a small English-speaking, multiracial, multi-religious city-state open to the world, more vulnerable than most to this threat”. At the same time, she describes passing POFMA as the result of observing the “cost of doing nothing in Britain and elsewhere” and the state’s “decision to act”, not denying the law’s purpose of “meeting own context and needs” and “defending own interests”. [The Online Citizen]

Thailand: PPRP wins by-election as opposition prepares vote of no-confidence

(ls) Thailand’s ruling Palang Pracharath Party (PPRP) won a seat in a by-election in Khon Kaen province. PPRP was thus able to prevail against Pheu Thai that could traditionally rely on Khon Kaen as a political base. The election is therefore seen as a possible sign of loosening Pheu Thai domination in Thailand’s northeast. The by-election was held after a court in September sentenced to death the incumbent Pheu Thai MP Nawat Tohcharoensuk after finding him guilty of masterminding a murder six years ago. [Bangkok Post 1]

Meanwhile, Pheu Thai announced that it will table a motion for a vote of no-confidence against Prime Minister and Defence Minister Prayut Chan-o-cha, Deputy PMs Wissanu Krea-ngam and Somkid Jatusripitak, and Foreign Affairs Minister Don Pramudwinai next month. [Bangkok Post 2]

In a separate development, Future Forward has expelled four renegade MPs after they ahd voted at least twice against the stances of the party and the opposition whip. They have 30 days to join another party or lose their MP status in which case by-elections will be held to find their substitutes. [Bangkok Post 3]

International Relations, Geopolitics and Security in Asia

China slams US National Defense Authorization Act 2020

(dql) US President Trump last Friday signed into law the “National Defense Authorization Act 2020 for Fiscal Year 2020” with a record high total budget of 738 billion USD covering 658.4 billion USD for base Pentagon spending and 71.5 billion USD for war operations. The Act also officially establishes the U.S. Space Force as the sixth branch of the U.S. armed forces which Trump hailed as “big moment,”, adding “[b]ecause space is the world’s newest warfighting domain. Amid grave threats to our national security, American superiority in space is absolutely vital. And we’re leading, but we’re not leading by enough. [CNBC][White House]

The Act, which contains a number China-critical legislation, 'has prompted strong objection by Beijing criticizing the Act’s “negative contents distorting and smearing China's military development and on issues relating to Taiwan, Hong Kong and Xinjiang as well as prohibited purchase of Chinese products”. Beijing also expressed “deep concerns” over the creation of the space force USA viewed as “a serious violation of the international consensus on the peaceful use of outer space, undermin[ing] global strategic balance and stability, and pos[ing] a direct threat to outer space peace and security.” [Washington Post][Xinhua][The Hill]

China, Japan, South Korea agree to promote dialogue between USA and North Korea

(dql) At a trilateral summit in Chengdu this week, China, Japan and South Korea have vowed to work together to help promote the North Korea-US dialogue to end North Korea's nuclear program. South Korean President Moon Jae-in confirmed in a joint news conference that “the three countries, agreed to continue close communication and cooperation toward denuclearization and lasting peace on the Korean Peninsula.”

The pledge comes amid the looming year-end deadline set by Pyongyang for Washington to change what it considers as a policy of hostility. The meeting is also a chance for Beijing to flex its diplomatic muscle and to present itself as weighty broker between Tokyo and Seoul whose ties have hit rock bottom in recent months over trade issues and disputes over compensation payment for South Korean victims of forced labor during Japan’s rule over the Korean Peninsula 1910-1945. [Aljazeera][Reuters]

China backs Russia’s veto against UN Security Council resolution extending cross-border aid to Syria

(dql) China has backed Russia in its veto against a UN Security Council resolution that would have extended for a year cross-border humanitarian aid to Syria. A competing Russian resolution also failed. [Reuters]

US Secretary of State Mike Pompeo harshly criticized both countries calling their move “shameful”, adding: "To Russia and China, who have chosen to make a political statement by opposing this resolution, you have blood on your hands". China hit back criticizing the USA for “politicizing humanitarian issues”.

Currently, humanitarian aid reaches Syria through U.N.-designated checkpoints in Turkey and Iraq without the formal permission of the regime in Damascus. That authority, however, will expire on January 10. [The Guardian][VOA]

U.S. to Resume Military Training Program for Pakistan

(jk) The United States government has decided to resume Pakistan's participation in a U.S. military training and educational program (International Military Education and Training Program (IMET)) after it had been suspended by President Trump as part of the U.S. security aid programs for Pakistan he halted in January 2018.

The largest share of the suspensions, worth around two billion USD, will remain in place however and IMET will be an "exception", if the resumption is approved by the US Congress. [The New York Times]

Second US - India 2+2 Ministerial Dialogue held in Washington

(jk) The US Secretary of State and Secretary of Defense hosted the Indian Minister of Defense and Minister of External for the second U.S.-India 2+2 Ministerial Dialogue in Washington, D.C. last week.

The dialogue focused on growing the strategic partnership between the two and both sides agreed to "deepen cooperation to address regional and global threats, combat terrorism, coordinate on disaster relief, train peacekeepers, promote transparent and sustainable infrastructure, and advance maritime security." [US Department of State 1]

The joint statement released after the dialogue can be found here [US Department of State 2].

Bangladesh asking Russia to pressure Myanmar on Rohingya

(lf) Bangladesh's foreign minister has urged Russia to put more pressure on Myanmar regarding the Rohingyas, of which Bangladesh still hosts between 600.000 to one million after they were forced to flee Myanmar amid a violent military crackdown. The refugees have led to a humanitarian crisis as Bangladesh is not sufficiently equipped for the number of refugees.

Since the establishment of diplomatic relations between Russia and Myanmar in 1948 [Embassy of Russia in Myanmar], the two countries have been close and the FM recognises that Russia - which has blocked a previous UN statement in the Rohingya case- holds a lot of sway over Myanmar. [The Star]

Malaysia challenges Chinese claims in South China Sea

(fs/ls) Malaysia consolidates its position in terms of the disputed South China Sea’s geographical marking. The country’s Minister of Foreign Affairs, Saifuddin Abdullah, said “Kuala Lumpur has the sovereign right to claim whatever there is within our waters” and “for China to claim that the whole South China Sea belongs to China” is “ridiculous”. [AlJazeera]

Earlier this month, Malaysia filed a formal submission seeking clarification on the 322 kilometers economic zone to the UN’s Division for Ocean Affairs and the Law of the Sea. To this China responded that the submission had “seriously infringed on China’s sovereignty, sovereign rights and jurisdiction in the South China Sea” and requested the responsible body not to consider the request. [UN] [South China Morning Post]

In the South China Sea region, Indonesia was the first country to submit information on the outer limits of the continental shelf beyond 200 nm in the northwest area of Sumatra Island in 2008. In 2009, Vietnam and Malaysia jointly submitted claims relating to an area in the south of the SCS. At the same time, Vietnam also lodged a partial submission on the northeast area of the South China Sea to the United Nations Commission on the Limits of the Continental Shelf (CLCS). Both submissions dismissed the possibility of continental shelves generated by the insular features in the Spratly and Paracels. [The Diplomat]

Indonesia files complaint to WTO in palm oil dispute with EU

(lf) Indonesia has filed a complaint with the World Trade Organization (WTO), claiming the EU’s new policies regarding the restriction of palm oil to be discriminatory. In March, the EU had ruled out palm oil as a sustainable fuel alternative as it causes great deforestation, especially in Indonesia and Malaysia. Indonesia thereupon had declared to retaliate, refusing the import of dairy and liquor products from the EU. The EU had already filed a complaint in November of this year. [Reuters]

Indonesia is the biggest palm oil producer in the world. Palm oil is the world’s most used vegetable oil and can be found in most products from food to cosmetics to fuel. Indonesia and Malaysia account for 85% of the world production. Half of the EUs imports of palm oil are made up by biofuel. This means a large cut back in imports of palm oil in the near future. [rainforest rescue] [business insider].

Palm Oil production has become an important economic pillar for Indonesia, however, with high demand from across the world, the impact it has on the environment has made palm oil a controversial product. To meet the demand, large parts of the rainforest in Indonesia and Malaysia have been cut down, reducing the habitat of many endangered animals and plants. [The Independent]

Malaysia hosts summit of Muslim nations despite Saudi Arabia’s criticism

(ls) Malaysia hosted a summit of Muslim nations in Kuala Lumpur with Malaysia, Iran, Qatar and Turkey as the main participants. The summit was a forum for discussions on closer cooperation in economy, science and technology as well as the defence industry. Cooperation agreements were concluded regarding advanced hi-technology, media collaboration, centers of excellence, food security and youth leadership and exchange programmes.

Malaysian Prime Minister Mahatir Mohamad said, “the most important aspect of all the focus is the need to be able to produce and create new indigenous technologies.” He also emphasized that the conference was not aimed at replacing other Muslim platforms such the Organisation of Islamic Cooperation (OIC). However, prior to the summit, Mahathir had expressed frustration with the OIC’s inability to forge a united front and act decisively. [New Straits Times]

Saudi Arabia said the summit was the wrong forum for matters of importance to the world’s 1.75 billion Muslims, favoring the OIC, as the appropriate platform. The OIC’s main executive organ, the Permanent Secretariat, is located in Saudi Arabia. It was previously reported that said Pakistan’s Prime Minister Imran Khan, who was slated to participate as well, pulled out under pressure from Saudi Arabia, which is having tense relations with Iran and Qatar. [Reuters]

At the end of the summit, Mahathir praised Iran and Qatar for withstanding economic embargoes (i.e. from Saudi Arabia and the United States) and said it was important for the Muslim world to be self-reliant to face future threats. He also suggested that Iran, Malaysia, Turkey and Qatar should consider the idea of using the gold dinar and barter, the Islamic medieval gold coin, for trade among them. [Straits Times]

Vietnam: Increased cross-border hacking activities and cyber espionage

(ls/fs) According to reports, a group which is believed to be tied to the Vietnamese government and known as APT32 has increased its cyber espionage activities, particularly in Southeast Asia where the automotive industry has been a key target. The hacking group’s exploits have included intellectual property theft, the same activity for which Chinese hackers are well-known. Experts say that the Vietnamese hackers have emulated some of China’s cyber methods, though on a significantly smaller scale. Vietnam is part of a growing group of countries that are developing and buying cyber capabilities. [South China Morning Post 1]

At the same time, Vietnamese Minister of National Defense Ngo Xuan Lich stated that cyberspace has become a “new territory”, which in spite of its many benefits also arises itself as a new battlefield and therefore must be reckoned with. Due to frequent training, cooperation and mobilization of resources and equipment, Lich affirmed that the country’s military is prepared to “well handle situations in cyberspace” [tui tre news]

Meanwhile, Singapore suffered from a major cyber-attack on the personal data of about 100,000 defence personnel. Sensitive information held by two security force vendors, including full names, identification details, and a combination of contact numbers, email and residential addresses could be included in the potential data exposure. Earlier this year, the personal data of more than 4,000 people was compromised after Singapore Red Cross’ website was hacked. Last year, the non-medical personal particulars of about 1.5 million patients were illegally accessed and copied during a hack, which also tried to get hold of the private medical details of Prime Minister Lee Hsien Loong. [South China Morning Post 2]

Myanmar buys new military aircrafts

(lf) Myanmar’s air force has commissioned several new aircrafts, including six light attack aircrafts. Myanmar has one of the largest armies in Southeast Asia, when it comes to manpower, however its capabilities have been lagging behind its neighbors. This new order has been part of the recent modernization strategy of the army. [The Diplomat]

Background Reading

Duterte’s Coast Guard diplomacy

(ls) In a piece for the Diplomat, Jay Tristan Tarriela argues that the reappointment of Admiral Joel Garcia to lead the Philippine Coast Guard (PCG) indicates how President Rodrigo Duterte wants the PCG to engage countries, not just for the purpose of strengthening the capability of the PCG but as a diplomatic instrument in managing the tension in the South China Sea. He analyzes the PCG’s role and potential in engaging with China, the United States, Japan, the EU and fellow Southeast Asian countries. [The Diplomat]

India’s strategy in the China-Russia-USA triangle

(jk) India wants to be a Eurasian power, it has close military ties with Moscow and important economic ones with Beijing. The US, at the same time, is a strategic counterweight. Balancing it all is a difficult task. [Limes Online]

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