Oct 3, 2023 | DFF, Statements
DILI – Timor-Leste’s admirable commitment to democratic and human rights principles in its 20 years of independence must be maintained and strengthened as its internet access, and online expression, expands, ASEAN Parliamentarians for Human Rights (APHR) said today at the conclusion of a fact-finding mission to assess the state of internet freedoms in the country.
During the fact-finding mission from 30 September to 2 October, APHR’s delegation, which consisted of current and former lawmakers from Malaysia, Thailand, and the Philippines met with Timor-Leste President Jose Ramos Horta, the Ombudsman for Human Rights and Justice (PDHJ), the National Press Council, the National Communications Authority (ANC), the National Parliament, as well as with representatives of civil society and media organizations.
“Timor-Leste has consistently punched above its weight when it comes to democracy and human rights, and we are inspired by how far the country and its vibrant civil society has come following its long struggle against colonialism and dictatorship,” said APHR member and Penang State Legislative Assembly member Gooi Hsiao Leung. “While there are issues that need to be addressed, especially in the face of growing internet access and availability, we are confident that Timor-Leste can overcome them if it remains true to the ideals that underlie the country’s foundations.”
Timor-Leste’s fervor to protect human rights and fundamental freedoms is evident in its 2002 Constitution, and is further proven by having the distinction of being the only Southeast Asian country to be categorized as “free” in Freedom House’s Global Freedom Index. Nevertheless, the country also faces challenges that must be attended to in order to maintain its status as the most democratic and rights-respecting country in the region.
Chief among them is the limited information and communications technology (ICT) infrastructure in the country, which has resulted in internet connectivity that is among the slowest and yet also the most expensive in the world.
“We applaud the Timorese government’s initiative to expand internet speed and availability through submarine as well as terrestrial fiber optic cables. In this digital age, equitable access to the internet must be a priority , as it also significantly affects basic rights such as access to information and education,” said APHR Member and member of the Philippines House of Representatives Raoul Manuel.
And while freedom of the press in Timor-Leste is highly-rated by global media watchdog Reporters Without Borders, journalists and civil society members have raised concerns about looming threats towards freedom of expression online. While so far no journalists or ordinary citizens have faced prison sentences for peaceful expression, some have faced prosecution, as well as intimidation and harassment from law enforcement authorities.
The previous government has also attempted to reintroduce articles criminalizing defamation into Timor-Leste’s Penal Code, and a draft Cybercrime Bill tabled in 2021 included vaguely-worded provisions that could potentially be used to silence political dissent.
“We understand that increased internet availability and online expression may require more regulation and monitoring. However, our experiences in our own countries have shown how such regulations, if not accompanied by the necessary safeguards, can result in abuse of power and repression of critical voices,” said Manuel.
The Communications and Multimedia Act in Malaysia, the Cybercrime Prevention Act in Philippines, and the Cybersecurity Act and Computer-related Crimes Act in Thailand have all been used to criminalize and silence peaceful expressions of political opinions online.
“We therefore call on the Timorese government and parliament to ensure that any legislation that regulates online behaviors does not violate the freedom of expression and freedom of the press that is enshrined in Timor-Leste’s constitution and international human rights law,” said APHR Member and former Thailand member of parliament Kunthida Rungruengkiat.
Apart from legislation, the APHR delegation also noted the importance of promoting digital literacy among both the general public as well as in state institutions and law enforcement agencies.
“While regulations can sometimes be necessary, one of the most effective ways to ensure that the public is protected from the adverse effects of the internet is by building their capacity to recognize and understand the different types of content that can be found online, including fake news and hoaxes,” said Rungruengkiat.
“We also urge all parliamentarians and government officials in Timor-Leste to be open to criticism and to stand up for those who are harassed and prosecuted by state actors for peacefully expressing their political opinions. Though online criticism can at times be unnecessarily harsh, we must recognize that as public figures, our decisions affect the public interest and therefore must be subject to public comment and, at times, public disapproval,” said Gooi Hsiao Leung.
Click hear to read this statement in Tetum.
Aug 25, 2023 | DFF, Statements
JAKARTA – Southeast Asian Parliamentarians welcome the appointment of Thailand’s 30th Prime Minister, Srettha Thavisin, after an extended period of delays following the country’s general elections in May 2023 and urge his leadership to fulfill his promise of change after years of democratic deterioration and human rights violations.
ASEAN Parliamentarians for Human Rights (APHR) remains deeply concerned with the systemic problems that are entrenched within Thailand’s current political and legal frameworks. These problems not only hinder the full representation of the people’s will but they have been used time and again to curtail fundamental freedoms.
“It is concerning that the current system in Thailand permitted the largest winning political party in the elections to be excluded from the ruling coalition. The lopsidedness of the system appears to be the biggest factor and therefore comprehensive reforms need to take place to change the status quo. Crucial to this is the full review of the current junta-drafted constitution wherein any amendments made should be towards paving the way for Thailand to fully embody democracy, one that actively champions and safeguards human rights for all.”said Charles Santiago, APHR Co-Chairperson and Former Member of Malaysia’s Parliament.
In its present form, the Thai constitution has a bicameral parliament, with a 250-person Senate that is effectively appointed by the Royal Thai Military. Any attempt to amend the constitution requires the backing of at least one-third of all senators. Regrettably, the military’s prominent role and influence in Thai politics eroded the nation’s democratic fabric. Thailand has experienced numerous coups in the past decades, disrupting elected governments to the detriment of its people. Under military rule for five years from 2014 to 2019 and a military-dominated government thereafter, draconian measures have been used to suppress freedoms of expression, assembly, and association. These lead to massive demonstrations from 2020 to 2021.
Clearly in the recent polls, an overwhelming majority of voters voiced their disapproval of the military through the ballots.
“The new government should not waste time in instituting reforms to realize the aspirations of the people. Key on the agenda should be the restoration and rebuilding of democracy and its institutions, putting an end to the role of military in politics, addressing economic inequalities, and providing redress to all injustices committed against the people,”
“We have consistently advocated a people-centered governance where processes are participatory and citizens are empowered. For Thailand, a pivotal reform is the need to decentralize power to local governments. This way, government services are going to be more attuned to the needs, and within reach, of the people.” Santiago said.
Thailand faces a myriad of challenges. The years of political instability in the country has directly impacted the expansion of the wealth gap in Southeast Asia’s second largest economy with concentration of wealth remaining at the hands of the few and powerful, further marginalizing the already disadvantaged. It is therefore imperative for the incoming government to take immediate action to usher in a new era of progress, one that is inclusive, promotes social cohesion, and respects all human rights.
Click here to read Statement in Thai
Aug 17, 2023 | DFF, Statements
JAKARTA – Indonesia must use the time it has left as chair of ASEAN to leave a lasting legacy for the Myanmar pro-democracy movement, the region, and for Indonesia itself, ASEAN Parliamentarians for Human Rights said today.
In his annual speech in front of the People’s Consultative Assembly (MPR) on 16 August, Indonesian President Joko “Jokowi” Widodo said that international trust in Indonesia was high due to, among other things, the country’s chairmanship of ASEAN as well as its “consistency in upholding human rights, humanity, equality..
“We congratulate Indonesia on its 78th Independence Day and we commend President Jokowi’s recognition that consistently upholding human rights is the key to gaining international credibility,” said APHR Board Member and Malaysian member of parliament Wong Chen. “Unfortunately, so far Indonesia has failed to uphold ‘human rights, humanity, and equality’ as ASEAN chair, particularly with regards to Myanmar.”
As chair of ASEAN, Indonesia has openly adopted a “soft diplomacy” approach, with Indonesian Foreign Minister Retno Marsudi saying in May that Indonesian diplomats had more than 60 “engagements” with all the parties involved in the Myanmar crisis, including the junta’s self-styled State Administrative Council (SAC), the National Unity Government (NUG), as well as ethnic revolutionary organizations. However, these meetings have lacked transparency and have done little, if any, to stop the illegal Myanmar junta from continuing to commit gross human rights violations against its own people.
The lack of firm action on Myanmar on Indonesia’s part has emboldened diplomatic friends of the junta to take steps to undermine ASEAN’s role in responding to the Myanmar crisis, as can be seen in the outgoing Thai government’s “Track 1.5” meetings.
“If President Jokowi is truly sincere in his stated desire for Indonesia to maintain its international trust and standing, then he must ensure that Indonesia takes actions that leave a legacy of progress and forward momentum on Myanmar, rather than one of stagnation and missed opportunities,” said Wong Chen.
Firstly, Indonesia must make it clear that ASEAN member states engaging bilaterally with the Myanmar military junta is unacceptable and undermines ASEAN’s role in resolving the crisis. Secondly, as APHR and Myanmar civil society organizations have repeatedly called for, Indonesia must initiate a thorough and inclusive review of the Five Point Consensus to create an agreement that the Myanmar junta must abide by.
APHR also calls on Indonesia to engage in an open and formal dialogue on a solution to Myanmar with the National Unity Government, the Committed Representing Pyidaungsu Hluttaw and the National Consultative Council, as well as with like-minded figures committed to peace and democracy, including ethnic armed revolution organizations, community-based organizations and human rights defenders.
Indonesia must also strongly encourage the engagement of local organizations, primarily those working along the Thai-Myanmar border, who have shared an urgent need for cross-border humanitarian assistance. The military junta is not a trusted partner in facilitating and coordinating support and has, on multiple occasions, weaponized its delivery.
“Indonesia was formed with high-minded ideals embedded into the country’s foundation. The Preamble to the 1945 Constitution, for instance, says that Indonesia must strive for ‘the establishment of a world order based on freedom, perpetual peace and social justice,’” said Wong Chen. “We urge President Jokowi to live up to these ideals by helping lay the foundation for a meaningful and lasting democratic future in Myanmar.”
Aug 7, 2023 | DFF, Statements
JAKARTA – Parliamentarians from Southeast Asia call on fellow lawmakers attending the ASEAN Inter-Parliamentary Assembly (AIPA) General Assembly in Jakarta to advocate for strong, concrete actions rooted in human rights principles to ensure a proactive and coordinated response to the worsening Myanmar crisis.
“The AIPA General Assembly is an important forum in which lawmakers from across the region can come together and work together on key issues, including the ongoing crisis in Myanmar,” ASEAN Parliamentarians for Human Rights Board Member and Malaysian member of parliament Wong Chen said today. “Representatives joining the assembly can play a key role in pushing their governments to ensure that the suffering and loss of life that occurs daily in Myanmar is not allowed to go on with impunity.”
The AIPA General Assembly is taking place between 5-11 August in Jakarta, Indonesia, with the theme “Responsive Parliaments for a Stable and Prosperous ASEAN.” The first plenary session will be held on 7 August, while committee meetings will be held on 8 August, with the final plenary session on 9 August.
“AIPA representatives must recognize that the Myanmar junta cannot be relied on, as shown by its continued disregard for the Five-Point Consensus. Therefore, they should urge their respective governments to engage with the National Unity Government, ethnic revolution organizations and civil society groups,” said Wong Chen.
In July, Malaysian Prime Minister Anwar Ibrahim stated that he and Philippine President Ferdinand Marcos Jr. agreed that Southeast Asian countries should be able to engage bilaterally with the Myanmar junta. Before that, Thailand had initiated Track 1.5 meetings with junta representatives, which were also attended by Cambodia, Laos, and Vietnam.
“We reiterate our concerns that an increasing number of ASEAN leaders have indicated their openness to engaging with the junta. This would be a terrible mistake; such ‘engagement’ would only be used as military propaganda and will help the junta paint the pro-democracy movement as an obstacle to peace, when in fact, establishing an inclusive and human rights-respecting democracy, is the only way to ensure lasting solutions in Myanmar,” said Wong Chen. “We, therefore, urge lawmakers to call on their governments to continue to work towards holding the junta accountable for its widespread and systematic crimes against its own people.”
“We also once again call on Indonesian lawmakers to urge Indonesia, as chair of ASEAN, to initiate a thorough and inclusive review of the Five Point Consensus while there is still time remaining in its chairmanship. The Consensus has so far failed to help resolve the Myanmar crisis. Time is running out for Indonesia to make a real impact on the fate of Myanmar and leave a lasting legacy for its chairmanship.”
Jul 24, 2023 | DFF, Statements
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.”
