Fact-Finding Mission: Assessing Online Fundamental Freedoms during the 2024 General Elections in Indonesia

Fact-Finding Mission: Assessing Online Fundamental Freedoms during the 2024 General Elections in Indonesia

In May 2023, APHR organized a fact-finding mission in Indonesia to assess the threats to fundamental freedoms during the lead-up to the 2024 general elections.

This was the second in a series of three missions that are part of the APHR’s commitment to the Internet Freedom Initiative together with Article-19 and its partners.

IFI aims to promote online freedom of expression and access to information, support civil society, influence government policies, and build collaborative networks among diverse stakeholders.

Three parliamentarians from Southeast Asia formed the Mission’s delegation and visited Jakarta for three days to meet with government officials, parliamentarians, civil society organizations, journalists, academes, and election experts. The delegates of the mission were Hon. Yuneswaran Ramaraj, Malaysia Member of Parliament; Hon. Sarah Jane Elago, the Philippines Former Member of Parliament; and Hon. Elvina Sousa, Timor-Leste Former Member of Parliament.

DOWNLOAD THE FULL REPORT HERE

Fact-Finding Mission: Impact of Online Disinformation in Elections and Democracy in the Philippines

Fact-Finding Mission: Impact of Online Disinformation in Elections and Democracy in the Philippines

In August 2022, APHR organized a fact-finding mission in the Philippines to assess the proliferation of online disinformation during the 2022  election and its impact on electoral integrity and democracy.

This was the first in a series of three missions that are part of the APHR’s commitment to the Internet Freedom Initiative together with Article-19 and its partners. IFI aims to promote online freedom of expression and access to information, support civil society, influence government policies, and build collaborative networks among diverse stakeholders.

Three parliamentarians from Southeast Asia formed the Mission’s delegation and visited Metro Manila for three days to meet with government officials, parliamentarians, civil society organizations, journalists, academes, and election experts. The delegates of the mission were Hon. Maria Chin Abdullah, Member of Parliament from Malaysia; Hon. Kelvin Yii, Member of Parliament from Malaysia; and Hon. Pannika Wanich, former member of Parliament from Thailand.

DOWNLOAD THE FULL REPORT HERE

Open Letter raising grave concerns over the human rights situation in Cambodia and serious democratic threats in the upcoming 2024 Cambodia Senate Election

Open Letter raising grave concerns over the human rights situation in Cambodia and serious democratic threats in the upcoming 2024 Cambodia Senate Election

To:

The European Union Parliament

The United States Congress

The Parliament of Canada

The Parliament of Australia

The Parliament of United Kingdom

The Parliament of New Zealand

The Parliament of Japan

Your Honors,

We, the undersigned civil society organizations, are writing to express our grave concerns about the state of human rights and democracy in Cambodia. Cambodia is continuing on its descent into authoritarianism following another electoral charade in the 2023 General Election. We urge the international community to take action before this decline is further cemented in the upcoming 2024 Senate Election.

The drastically deteriorating human rights situation in Cambodia has been well-documented by experts and civil society organizations, notably since former Prime Minister Hun Sen used the country’s courts to dissolve the opposition Cambodia National Rescue Party (CNRP) in 2017. This occurred shortly after the CNRP demonstrated itself to be a real threat for Hun Sen’s Cambodian People’s Party (CPP)  in successive nationwide elections.

Following a systematic undermining and repression of political opponents, including by disqualifying the main opposition Candlelight Party, the 2023 General Election resulted in a landslide victory for the CPP, securing 120 of the 125 seats in the National Assembly. Shortly after the election, Hun Sen resigned and his son and former chief of the Cambodian army Hun Manet took over as Prime Minister. 

Since then, Hun Manet has attempted to portray himself as a new start for Cambodia. However, Hun Sen’s continued dominance within the CPP and the continued attacks against political opposition clearly demonstrate that this is not the case.

After Hun Manet’s appointment, a dissident and his wife were brutally assaulted in broad daylight a month into Hun Manet’s term. This attack shares similarities with assaults reported earlier in 2023 against members of the opposition Candlelight Party where a group of men in black clothes and helmets on motorcycles assaulted opposition members with metal rods. 

Meanwhile, opposition leaders continue to be prosecuted and convicted on trumped-up and politically-motivated charges. In October, Thach Setha, a vice president of the CLP, was sentenced to three years imprisonment for incitement to commit a felony and incitement to discriminate on the basis of race, religion, or nationality. The charge was based on remarks posted on social media that he made in January about then-Prime Minister Hun Sen’s relationship with neighboring Vietnam. This sentence came three months after Thach Setha was sentenced to 18 months imprisonment for allegedly passing fraudulent checks. 

In the same month, the now-banned CNRP leaders Sam Rainsy, Mu Sochua, Eng Chhai Eang, Ho Vann, and 6 activists, were sentenced to prison terms in a case connected to social media comments made in 2021. The opposition leaders called for suspension of debt repayment during the COVID-19, while human rights activists called out high-ranking officials buying citizenship in Cyprus. Phnom Penh Municipal Court also issued an arrest warrant for the four opposition leaders, all of whom live outside of Cambodia. All 12 defendants were convicted of incitement and conspiracy to commit treason. 

Hun Sen himself retains his title as the leader of the CCP, and has said he will become head of the Senate and of the Supreme Council of the King. He has further publicly expressed that he would “continue to wield influence behind the scenes” and may “retake the prime ministership” in the event of instability or in-fighting.

It is evident that the upcoming Senate Election is at risk of being another electoral charade without stronger demands and actions from the international community. The current electoral landscape has effectively blocked the Candlelight Party participation, and the threat of its complete disbandment continues to loom. We have received reports that local Candlelight Party councilors have been the target of intimidation and judicial harassment from CPP commune chiefs, with many being imprisoned on flimsy grounds, resulting in intense pressure to defect to the ruling party. This situation raises serious concerns about the freedom and fairness of the upcoming Senate election slated for February 2024. 

While we applaud the attention and efforts to sanction the Cambodian regime, notably  through the enactment of the Cambodia Democracy and Human Rights Act by the United States of America, we urge parliamentarians to take action to advocate for any undue restrictions or requirements on political parties that prevent them from exercising their democratic right to fully participate in the upcoming 2024 Senate elections, including in the case of the Candlelight party, and continue to deny the legitimacy of the noncompetitive 2023 General Elections. Through legislative action, we implore you to  strongly call out the Cambodian government to end all forms of political persecution and immediately and unconditionally release political prisoners. It is imperative for parliamentarians of democratic countries to champion the restoration of a diverse and inclusive political landscape and to demand for an impartial investigation into violations of human rights and electoral irregularities. We also urge you to issue clear, unequivocal, and vocal statements about the ongoing election-related human rights violations.

Cambodia, as a member of the United Nations and a party to various international agreements and treaties, has an obligation to uphold democratic values and ensure free and fair elections. Without the international community’s unwavering attention and resolute action, the people of Cambodia are at risk of falling further into the hands of an authoritarian regime.

Your Honors, together, parliamentarians across the globe can join the global community in sending a clear message to the Cambodian government that its actions are unacceptable and will not be tolerated. We are confident in your dedication to democratic values and trust that you will demonstrate this by extending your support to the people of Cambodia.

Yours Sincerely,

ASEAN Parliamentarians for Human Rights (APHR)

Asia Democracy Network (ADN)

Asian Forum for Human Rights Development (FORUM-ASIA)

Asian Network for Free Elections (ANFREL)

CIVICUS: World Alliance for Civic Participation 

Human Rights Watch

Click here to download the open letter.

Indonesia should set example for region during election season, Southeast Asian MPs say

Indonesia should set example for region during election season, Southeast Asian MPs say

JAKARTA – As the campaign period for the 2024 general elections kicks off in Indonesia, ASEAN Parliamentarians for Human Rights (APHR) calls on all candidates to compete in a fair and peaceful manner. APHR also reminds Indonesian state institutions to remain neutral.

As the largest nation in the region, ASEAN countries often look to Indonesia as a model. We hope that all participants in the upcoming elections – candidates, parties, and officials – can be a positive example for young democracies across Southeast Asia and around the world,” APHR Co-chair and former Malaysian member of parliament Charles Santiago said today.

Three presidential and vice presidential candidate pairings have been officially registered and are set to compete for the top executive position. Meanwhile, 18 national political parties – as well as six local Aceh parties – will be vying for 20,614 legislative seats at the national, provincial, and local levels. The campaign period starts on 28 November and the elections are scheduled to take place on 14 February 2024. 

The presidential tickets consist of former Jakarta Governor Anies Baswedan and Deputy House of Representatives Speaker Muhaimin Iskandar; Defense Minister Prabowo Subianto and Surakarta Mayor – and son of incumbent President Joko Widodo – Gibran Rakabuming Raka; and former Central Java governor Ganjar Pranowo and Coordinating Minister for Legal and Political Affairs (Menkopolhukam) Mahfud MD.

It is of the utmost importance that state institutions maintain strict neutrality during the campaign and election period, especially since many of the candidates are current government officials. Any appearance of impropriety can affect the public’s perception of the legitimacy of the elections,” said Santiago. 

In previous elections, opposing candidates supporters’ often reported each other to the police using vague provisions in laws like the Electronic Information and Transactions (ITE) Law, which has been criticized by civil society organizations for violating freedom of expression and which APHR has previously called to be revised. Several members of the Ganjar-Mahfud campaign team have already been reported to the police under the ITE Law for criticizing other candidates and the government.

We urge all candidates and parties to ask their supporters to refrain from using legal harassment in response to criticism from political opponents. A sharp exchange of opinions is normal during elections and should be welcomed as part of the democratic process,” said Santiago. “Nevertheless, we also urge candidates to steer clear of smear campaigns and other underhanded tactics that will only result in unnecessary rancor.”

Meanwhile, vote-buying remains a widespread problem in Indonesia, with a 2019 study finding that 33 percent of voters had received money or goods in exchange for their votes during the 2014 legislative elections.

Candidates and parties should engage in issue-based campaigning and avoid vote-buying and other forms of transactional politics; these tactics not only harm democracy but have also been proven to be ineffective,” said Santiago. “We also call on election management bodies and other law enforcement agencies to maintain a level playing field by enforcing all rules fairly.”

The 2024 elections will be Indonesia’s fifth direct presidential election and the sixth legislative election since the start of the Reformasi era in 1998. 

Indonesia’s democracy and civil society has come far since the fall of the authoritarian New Order regime 25 years ago . However, in recent years many academics and activists have raised concerns about the country’s democratic backsliding and shrinking civic space. We hope that Indonesia can use these elections to alleviate those concerns, rather than compound them,” said Santiago.

Southeast Asian MPs and international CSOs denounce undemocratic elections in Cambodia, urge international community not to lend legitimacy to Hun Sen’s regime

Southeast Asian MPs and international CSOs denounce undemocratic elections in Cambodia, urge international community not to lend legitimacy to Hun Sen’s regime

JAKARTA – The farcical elections held in Cambodia must not be legitimized by the international community, Southeast Asian parliamentarians said in a press conference today, decrying the Hun Sen regime’s relentless attacks against human rights defenders and opposition parties prior to election day.

This year alone, Hun Sen and his regime have publicly threatened opposition supporters with legal action and physical violence, shuttered one of the country’s last independent media outlets, sentenced an opposition leader to 27 years imprisonment on ridiculous charges, and banned the sole viable opposition party,” said ASEAN Parliamentarians for Human Right Co-Chairperson and former Malaysian member of parliament Charles Santiago. 

Given all these blatant efforts to undermine free and fair polls, what happened yesterday in Cambodia can only be called ‘elections’ in the loosest sense of the word,” said Santiago. “In effect, it was yet another coronation for Hun Sen and his cronies.”

The Cambodian general elections were held on Sunday, 23 July, with three parties participating in the vote. However, the country’s largest opposition party, the Candlelight Party, was barred from participating in the election on dubious administrative grounds in May. Human Rights Watch reported that numerous Candlelight Party members and supporters have been arbitrarily arrested and harassed in the run-up to the elections. After the polls closed, Hun Sen said that voter turnout reached 84 percent and state-affiliated media has claimed that the ruling Cambodian People’s Party is on course to win 120 out of 125 seats in the National Assembly.

“These types of so-called ‘elections’ have increasingly become the tools of authoritarian leaders to consolidate their power, undermining elections as one of the core pillars of democracy,” said APHR Board Member and former member of the Indonesian House of Representatives Eva Kusuma Sundari. “The international community must not fall into the trap of legitimizing this pantomime.”

In its pre-election assessment mission report, Asian Network for Free Elections (ANFREL) noted that the clear bias of the National Election Commission (NEC) combined with a deteriorating political situation has compromised “the integrity and credibility of the electoral process.” Its initial findings from monitoring election day were no different.

There is a serious question on the genuineness and electoral competitiveness of yesterday’s elections with the whole process from pre-elections to election day respecting any of internationally accepted election standards,” said ANFREL Executive Director Chandanie Watawala.

The International Commission of Jurists (ICJ) also raised its grave concerns about the judicial harassment of opposition supporters and activists.

Whether the general election  was free and fair has to be seen within the human rights and rule of law crisis in Cambodia. This crisis is being further entrenched by the intensified assaults against the rights to freedom of expression, peaceful assembly, association and political participation. In the lead-up to the elections, there were mass convictions of opposition party leaders on spurious charges, weaponization of laws that are non-compliant with human rights law and standards against human rights defenders, and acts of violence and incitement of violence against perceived political opponents with impunity,” said ICJ Associate International Legal Adviser Daron Tan.

At every step of the way, PM Hun Sen has violated the rights of civil society activists, independent media, political opposition figures while ensuring the full weight of the Cambodian state backs his party,” said Human Rights Watch Asia Deputy Director Phil Robertson. “This entire election was a charade designed solely to give Hun Sen and the CPP a justification to say that they are democratic when in reality they are presiding over a deepening dictatorship.”

We call on parliamentarians of democratic countries across the world to use their legislative mandate in parliament to unequivocally denounce the 2023 electoral exercise in Cambodia as undemocratic,” said Sundari. “We must pressure the Cambodian government to end all forms of political persecution and immediately and unconditionally release political prisoners. There must also be an independent investigation into human rights violations and electoral irregularities, with the aim of ensuring accountability.