Nov 9, 2020 | DFF, Statements
JAKARTA – US Secretary of State John Kerry should raise concerns about the state of democracy and human rights in Laos and Cambodia when he meets with leaders in Vientiane and Phnom Penh this week, ASEAN Parliamentarians for Human Rights (APHR) said today.
“Secretary Kerry should make it clear that the United States views respect for human rights as a core component of bilateral relations, inseparable from trade and security concerns that too often overshadow it. He should seek firm, public commitments from Lao and Cambodian leaders on this front,” said APHR Chairperson and Malaysian MP Charles Santiago.
The visits by the Secretary come just weeks before US President Barack Obama is scheduled to host the leaders of all 10 ASEAN member states, for a special US-ASEAN Summit in Sunnylands, California. The summit, which is scheduled to take place on 15-16 February, will be the first of its kind on US soil.
“These high-level meetings present an opportunity to press ASEAN leaders on unfulfilled human rights promises,” said Santiago.
“It’s also important to recognize the concerning political trajectory across the region: democracy has taken a serious hit, and the people of ASEAN – including the individuals we represent in parliaments throughout Southeast Asia – are struggling to be heard.”
Parliamentarians urged Secretary Kerry to raise concerns about restrictions on independent civil society during his meeting with Lao Prime Minister Thongsing Thammavong on 25 January, following up on a related recommendation made by the US government during Laos’ Universal Periodic Review (UPR) in 2015.
The Secretary should also address the disturbing pattern of enforced disappearances in the country, APHR said. In particular, he should inquire about Sombath Somphone, a prominent civil society leader, who went missing after being stopped at a police checkpoint in Vientiane on 15 December 2012.
“Sombath’s work touched the lives of many in Laos and across the ASEAN community. We hope Secretary Kerry raises his case directly with the Prime Minister. That kind of high-level discussion would be hard for the Lao authorities to ignore,” Santiago said.
APHR called on Secretary Kerry to address the persecution of opposition voices in Cambodia when he meets with Prime Minister Hun Sen on 26 January.
In recent months, Cambodian authorities have stepped up attacks against opposition lawmakers and activists, using the courts and other means in order to intimidate and persecute critical voices. This includes the removal of opposition leader Sam Rainsy from his seat in the National Assembly, as well as charges leveled against him in relation to a 2008 defamation case.
“A frank discussion with the Prime Minister would be a step in the right direction,” said Mu Sochua, an APHR member and Cambodian MP. “It is important that US officials stand firm in their support for democracy in Cambodia. Free and fair elections in 2018 must be a clear benchmark for closer cooperation on all levels.”
“On trade, the United States should be clear that no special preferences will be given until there are signs of a genuine commitment to improve the human rights situation,” Sochua added.
Parliamentarians also urged Secretary Kerry to raise specific concerns with the Cambodian Prime Minister, including restrictions on freedom of association and assembly, land rights violations, and threats to the ability of trade unions to operate in the country.
Nov 9, 2020 | BHR, DFF, FoRB, Opinion Articles, RM
By Charles Santiago
APHR Chairperson
MP, Malaysia
In a conversation last year with author Marilynn Robinson, US President Barack Obama said he learns all things important from books.
In an article published in the November 19 issue of the New York Review of Books, he said, “it has to do with being comfortable with the notion that the world is complicated and full of greys, but there’s still truth there to be found, and that you have to strive for that and work for that. And the notion that it’s possible to connect with some[one] else even though they’re very different from you.”
Things should therefore be way easier for Obama as he would be meeting like-minded leaders from ASEAN (Association of Southeast Asian Nations) at the Sunnylands summit, who just like him, are facing backlash at home.
So let’s just hope that Obama can lobby for grains of truth with Malaysian Prime Minister Najib Razak who is still struggling to convince the people that the millions of dollars in his personal bank account are donations from the Saudi royal family.
Or with other dictators, such as the Brunei Sultan, who blatantly disregarded the freedom of religion by banning Christmas celebrations last year. And leaders who have no regard whatsoever for democracy, like Thailand’s supremo, who is yet to announce an election date for his country.
Vietnam, Laos and Cambodia are no better. We could try and heave a sigh of relief because Burma’s Thein Sein has declined the invitation. His government’s efforts to resettle Muslim minorities, who cannot meet stringent standards for naturalized citizenship, have spurred another exodus of the Rohingya. The political mood in Burma has also soured as transition talks hit a snag.
Interestingly, all these heads of states will smile, pose for photographs and indulge in backslapping, while silently fuming over the unresolved territorial disputes with China.
And Obama will attend the meetings with his own agenda of pushing for the Trans-Pacific Partnership Agreement (TPPA) that is seeing increasing opposition at Congress and globally, and keeping China’s influence in the region at bay after failure to forge warmer ties with Beijing at the same summit, back in 2013.
I do not expect Obama to reverse his position on the TPPA as the deal represents a major foreign policy initiative for his administration, which sees its success as pivotal to ensuring that America “writes the rules” for the future of global trade.
The sad thing here is that Obama could actually try to set the tone for the two-day summit, by lobbying ASEAN leaders to be committed to human rights and democratic principles as part of trade rules that are written.
Obama could also reprimand Najib the second time around for the massive scandal involving huge amounts of taxpayer’s money and the repressive laws he has been using to silence his critics and legitimate dissent.
But none of this will happen because Obama’s main aim is to push through the TPPA and keep a watchful eye on China.
The Malaysian government has pursued the agreement with vigor, signing on the dotted line without understanding the deal’s full implications.
The TPPA would have serious negative implications for Malaysians. They would see the cost of life-saving medicines skyrocket as a result of patent protections that safeguard the interests of large pharmaceutical companies at the expense of average Malaysian citizens. The deal would also undermine Malaysian democracy—already under threat—by allowing foreign companies to sue the government in closed court if a domestic law or policy impacts their profit margins.
These are not only concerns for Malaysia, but for all lower and middle-income countries included in the trade deal. And yet, other Southeast Asian nations, including the Philippines and Thailand, are already clamoring to get in on the action.
The rush to sign the TPPA is a symptom of a larger problem throughout Southeast Asia, where in efforts to promote trade, investment, and GDP growth, ASEAN governments have continued to allow human rights and the dignity of all citizens to take a backseat.
Najib recently said the Malays should be grateful, as his government has managed to negotiate on Bumiputera provisions. It’s clearly his way of scoring brownie points with Malaysians who are livid with the financial mishandling of the country’s sovereign fund – 1Malaysia Development Berhad, increasing costs of living, weakening ringgit and loss of investor confidence in the country, sending Malaysia on a slippery slope to doom.
The negotiation skills of Malaysian representatives played no role here as the US was desperate to secure a position in Southeast Asia to monitor China.
As the TPPA negotiations were underway, ASEAN member states were setting the stage for an ambitious regional integration effort: the ASEAN Community. Officially launched on January 1 this year, the ASEAN Community marks an effort to fuse the region into a common economic market, lowering tariffs and allowing for the free flow of goods and services between countries.
Unfortunately, it appears that ASEAN governments have no plans to pair this economic integration effort with a commitment to shared values, including human rights and the rule of law. This is misguided and ultimately dangerous for the region and its partners, including the United States.
We live in one of the fastest growing regions in the world. But just like in America, inequality is rising even more rapidly, and average citizens are getting left behind. Safeguards to prevent abuse by governments and corporations are falling away, leaving the people of ASEAN more vulnerable.
It is a pivotal moment for the future of Southeast Asia. We must decide what kind of regional community we want to be — one that stands for the interests of the privileged few or one that fights for the rights and dignity of all citizens.
But at Sunnylands, Obama and his counterparts would have a different agenda: one that’s self-serving and keeps them in power.
This article originally appeared in Free Malaysia Today.
Nov 9, 2020 | DFF, Opinion Articles
By Mu Sochua
MP, Cambodia
Today, US President Barack Obama will host the leaders of the ten countries that make up the Association of Southeast Asian Nations (ASEAN) for a summit in Sunnylands, California – the first meeting of its kind on US soil.
The timing of this meeting is highly strategic. Mr Obama hopes to bolster the future of the controversial Trans-Pacific Partnership (TPP) trade agreement, as well as secure a bulwark against Beijing’s advances in disputed territory in the South China Sea.
As part of his administration’s larger “pivot to Asia”, Mr Obama hopes to re-emphasize relations with a key emerging region – one which has remained open to the world and has seen substantial economic gains over the past decade.
Yet despite these promising developments, there is serious trouble on the horizon. The past two years have witnessed a disturbing deterioration of democracy and human rights protections throughout Southeast Asia.
From Thailand to Malaysia to Laos, political leaders have pushed back against the democratic aspirations of their people through military takeovers, political intimidation, show trials or a one-party state.
In my own country, Cambodia, democracy and human rights are seriously threatened with the further deterioration of rule of law. Physical attacks and the use of the courts are tactics to silent government critics.
These tactics include cases against the minority leader, Sam Rainsy, and opposition lawmakers on trumped-up charges. Of more serious concern is the use of armed forces and hired security guards to crackdown on peaceful public protests.
With the world becoming more dangerous and unpredictable, President Obama might be tempted to de-emphasize the significance of these developments at the upcoming summit, focusing instead on strengthening bilateral economic and security ties.
But for the summit in Sunnylands to have any lasting impact, the regional erosion of democracy cannot take a backseat.
Instead, the meeting should be seized as an opportunity for President Obama to send a clear message to Southeast Asian leaders that respect for human rights, free elections and basic human dignity are in the interest of their governments, as well as the long-term stability of the region. It represents an opportunity for Mr Obama to endorse a more democratic ASEAN by openly discussing these concerns.
Supporting democracy and accountable leadership in South East. Asia is a smart investment for the United States.
Legitimizing a facade of democracy or accepting outright dictatorship will undermine US efforts in Southeast Asia, allowing China to cultivate influence over autocratic leaders who see Beijing as an easy source of strings-free aid.
But by listening to the voices of the people of ASEAN, who seek dignity and accountability from their governments, Washington will be able to deepen its commitment to the region and ensure sustainable partnerships that do not rely on particular political personalities remaining in power.
Cambodia can be a strong US partner with a change of leadership. When he sits down with Prime Minister Hun Sen in Sunnylands, President Obama must be unequivocal that the Cambodian government cannot continue to silence opposing views through arrest warrants and imprisonment.
The next elections must be free and fair. All candidates must have the right to be in the country to campaign and be given a fair chance to be elected.
This is the opportune moment for the United States to use its leverage to send a message that the trans-Pacific relationship is more than just economic. It’s future depends on universal respect for rights and dignity, not merely trade agreements and security cooperation.
Free trade with no rule of law or human rights standards will only benefit the large multinationals at the expense of ordinary citizens on both sides of the Pacific. It threatens to weaken civil society, trade unions and small businesses, the true backbone of economic growth for all.
Efforts must be made to protect labour rights and ensure a living wage for all workers. All stakeholders, including governments, local civil society, labour unions and corporations, should be able to sit at the same table to work towards solutions.
We must also recognize and account for the unique challenges women face in countries like Cambodia, where more than 90 per cent of garment workers are women, primarily from rural areas with little or no education.
Fair trade that affords all ASEAN workers dignity and opportunities should be the goal. To achieve this, the United States needs ASEAN partners that respect human rights, the rule of law and democratic principles.
Standing on the side of democratically elected leaders and popular movements for change would give the US more credibility among Southeast Asian publics and demonstrate that its support for democracy and human rights is more than just empty talk.
This article was originally published in the Phnom Penh Post.
Nov 9, 2020 | BHR, DFF, FoRB, Statements
JAKARTA – Parliamentarians from across Southeast Asia today called on ASEAN leaders to make good on commitments included in the Sunnylands Declaration, which was unveiled at the end of this week’s US-ASEAN Summit in California.
ASEAN Parliamentarians for Human Rights (APHR) specifically noted commitments to strengthen democracy, promote and protect human rights, and work toward inclusive economic development, but voiced wariness over the resolve of ASEAN leaders to follow through.
“ASEAN leaders have made these kinds of commitments before, including in the ASEAN Charter, but what has come of it? Up until now, we’ve seen backsliding, rather than progress,” said APHR Chairperson and Malaysian MP Charles Santiago.
“In order for things to be different this time, ASEAN leaders must step up to the plate and make good on their promises. That means taking concrete steps, including restoring democracy in Thailand and ending the persecution of opposition leaders in Cambodia and Malaysia, among many other to-dos.”
In their joint declaration, US and ASEAN leaders at the Sunnylands Summit confirmed shared commitments to “strengthening democracy, enhancing good governance and adherence to the rule of law, promoting and protecting human rights and fundamental freedoms, encouraging the promotion of tolerance and moderation, and protecting the environment.”
While parliamentarians supported the inclusion of these commitments in the declaration, along with pledges to address human trafficking and climate change, they urged for tangible measures to be taken to ensure that leaders truly adhere to these principles.
In particular, MPs called for undemocratic laws at the country level to be repealed and for a stronger regional human rights architecture to be put in place, including a more robust mandate for the ASEAN Intergovernmental Commission on Human Rights (AICHR). They highlighted the utter lack of democratic processes in Brunei, Laos, Thailand, and Vietnam, as well as ongoing rights concerns in states like Cambodia, Malaysia, and Myanmar, despite the holding of elections.
Parliamentarians also noted that the Sunnylands Declaration’s support for “a rules-based regional and international order,” as well as the included commitment to uphold “the principles and purposes of the Charter of the United Nations, the ASEAN Charter and international law,” demands adherence to international human rights standards.
“Human rights are fundamental to a rules-based international order, and ASEAN states cannot hide behind ‘non-interference’ to skirt their international obligations. ASEAN itself must be strengthened to enable it to hold member states accountable,” Santiago said.
In addition to its focus on human rights and good governance, the Sunnylands Declaration also emphasized the importance of “shared prosperity,” as well as “sustainable, inclusive economic growth.” Parliamentarians called on regional leaders to pursue these goals in a substantive way and to take gender into account, particularly in the context of the ongoing process of ASEAN integration.
“These shouldn’t be empty slogans. We need a region that looks out for all people, not just those at the very top. We must work toward a truly democratic, people-centered ASEAN, where the rights of all citizens, including women and children, are protected and the benefits of economic progress are enjoyed by all,” said APHR Vice Chair Eva Sundari, who is a member of the Indonesian Parliament.
In advance of the Summit, over 100 parliamentarians from Southeast Asia sent a joint letter to President Obama, calling on him to make human rights concerns central to discussions with ASEAN leaders. Among the concerns raised in the letter were the continued detention of political prisoners, land rights violations, the denial of free elections, and restrictions on fundamental freedoms of expression, association, and assembly.
Nov 9, 2020 | RM, Statements
APHR Chairperson Charles Santiago sent a letter to U.S. President Barack Obama on Friday expressing concern over reports that political considerations might lead the State Department to upgrade the Tier designations of Malaysia, Thailand, Bangladesh, and Myanmar in its upcoming Trafficking in Persons (TIP) Report.
The letter was cosigned by U.S. Congressman Joseph Pitts, Co-Chair of the Tom Lantos Human Rights Commission.
Noting the recent discovery of mass graves along the Thailand-Malaysia border, along with the migrant and refugee crisis that consumed the region during the month of May, Santiago and Pitts argued that current conditions demonstrate that the plague of human trafficking continues in the region, and that an upgrade in Tier designations would therefore be premature.
They further argued that Myanmar should be downgraded to Tier 3 in the report, noting that the Myanmar government’s persecution of Rohingya Muslims, which lies at the root of the recent refugee crisis, has exacerbated the regional problem of human trafficking.
“Political considerations, whether related to the Trans-Pacific Partnership or otherwise, should not trump serious human rights concerns. ASEAN countries should be further engaged, encouraged, and supported in their efforts to combat human trafficking, not rewarded for half measures and, in some cases, even complicity,” the letter concluded.
Read the full letter here.
