EAI는 아시아 지역의 민주적 거버넌스와 인권 증진에 관련된 연구를 진행하기 위해 2013년 11월 아시아민주주의연구네트워크(Asia Democracy Research Network: ADRN)를 발족했다. EAI는 국내 싱크탱크의 대표기관인 동시에 아시아 지역 싱크탱크의 직능대표로서 소속된 연구기관들의 민주주의 관련 연구지원 및 관리를 담당하고 있다.

ADRN은 아시아 지역이 직면한 민주주의 위협 요인을 분석하고 민주주의 전환 및 공고화에 기여할 수 있는 실무형 연구과제를 논의하고 확산하고자 창립되었다. ADRN은 연구에 기반한 정책 제시를 목표로 아시아 민주주의의 위협 요소와 당면과제를 점검하고 지역적 차원에서 바라보는 민주주의 발전을 위한 실천적 의제를 발굴하고 연구하고 있다. 네트워크에는 한국의 EAI를 비롯하여 대만, 말레이시아, 몽골, 미얀마, 방글라데시, 스리랑카, 인도, 인도네시아, 일본, 태국, 파키스탄, 필리핀 등 아시아 14개국 22개의 주요 싱크탱크들이 참여하고 있다. 

논평이슈브리핑
[ADRN Issue Briefing] Malaysia`s emergency ordinance and the clampdown on public discourse

.a_wrap {font-size:16px; font-family:Nanum Gothic, Sans-serif, Arial; line-height:26px;} [편집자 주] Upon the demise of the controversial Anti-Fake News Act of 2018, Malaysia witnessed the emergence of a similar mechanism to target fake news amid the COVID-19 crisis. The Emergency (Essential Powers) (No. 2) Ordinance 2021 was designed to combat the rise of fake news, which bears grave consequences to public health such as stifling COVID-19 vaccinations. However, upon its declaration, it has only stirred controversy. Imran Shamsunahar, Executive for External Relations at the Institute for Democracy and Economic Affairs (IDEAS), explains that a recent series of unwarranted events associated with the pandemic led many to believe that the ordinance serves to stifle public discourse regarding the state of emergency, the COVID-19 pandemic, and the government’s poor management of the crisis. Having failed to draw the line between ‘fake news’ and its counterpart, the ordinance was subject to criticism from not only civil society organizations but also politicians. He argues that in order for the government to properly engage with the public amid the crisis, it must find ways that align with values such as transparency rather than through means that are restrictive and repressive.     1. Introduction of state emergency postponing the general elections On January 12, 2021, Malaysia’s King announced a nationwide state of emergency that would last until August 1, 2021. During this period, the holding of any elections would be postponed and the sitting of parliament is to be delayed on public health grounds. Subsequently, on March 12, the Emergency (Essential Powers) (No. 2) Ordinance 2021 came into force through powers granted under the emergency.   The ordinance targets the spread of ‘fake news’ across written, video, and audio formats. The ordinance would make it a criminal offense to create, publish, or disseminate “fake news” related to COVID-19 or the proclamation of the emergency in Malaysia, or fail to take down such materials upon the government’s request.[1]The ordinance overrides the Evidence Act of 1950, which ensures fair trials for people and provides the police the power to enforce, arrest, inspect, and investigate suspects without a warrant.   After the ordinance was gazetted, it has received significant criticism from civil society organizations as well as politicians for failing to establish standards that determine what constitutes ‘fake news.’, The ordinance raised fears that it could be used to clamp down on meaningful public discourse about COVID-19 in Malaysia as well as its state of emergency and how it came into being. The ordinance defines ‘fake news’ as ‘any news, information, data and reports which is or are wholly or partly false relating to COVID-19 or the proclamation of emergency’.   The passage of the ordinance has only raised public suspicions that Malaysia’s current Prime Minister Muhyiddin Yassin is ultimately exploiting the COVID-19 crisis to shore up his position and silence political opposition. Muhyiddin’s position is ultimately a precarious one, having come to power on March 1, 2020. This succeeded the collapse of the Pakatan Harapan (PH) coalition under the premiership of Mahathir Mohamed, which had won an historic victory in Malaysia’s general elections in 2018, defeating the incumbent dominant Barisan Nasional (BN) coalition.   Since then, Muhyiddin’s Perikatan Nasional coalition (which almost exclusively represents the interests of Malaysia’s Malay-Muslim majority, in contrast to the more diverse Pakaran Harapan coalition) has held onto power through a razor thin majority, facing constant challenges from both the remnants of Pakatan Harapan as well as from its own component parties. Malaysia is widely expected to hold a general election once it contains its COVID-19 crisis.   As expected, the authorities have insisted that the ordinance would not be misused, but would only focus on targeting people who spread misinformation about COVID-19 or the state of emergency. On June 3, the Communications and Multimedia Minister Datuk Saifuddin Abdullah stated that the ordinance merely upholds the ‘rule of law’. As of date, he noted that there have been 18 investigations under the ordinance, with two cases presented in court and two other cases warranting no further action. 14 other cases are still currently under investigation. The minister also revealed that a total of 456 ‘quick action response notices’ have been issued by his ministry under the emergency.[2]   Concerning the two cases that went to court, one involved a teacher who was charged with posting fake news on Facebook, claiming that a traffic policeman died after receiving his second dose of the COVID-19 vaccine. The other case involved a housewife who was fined MYR 5,000 (USD 1,200) by the Sessions Court after pleading guilty to spreading fake news about COVID-19 through the mobile messaging service WhatsApp last April.[3]   2. Malaysia’s mismanagement of its public health crisis The enactment of the nationwide state of emergency, through which the ordinance emerged, came as Malaysia experienced a surge in cases from the start of the year. Malaysia has witnesses a five-fold increase in COVID-19 cases since the beginning of 2021. On May 28, Muhyiddin announced a ‘total lockdown’ nationwide starting from June 1, during which only essential services and sectors would remain in operation. [4]   During this time, Malaysia has logged in record daily cases and deaths. Its healthcare sys-tem was brought to the brink; ICU beds reached capacity and medical workers complained of burnout. The outbreak in Malaysia is the worst among other Southeast Asian countries, relative to population size. Malaysia’s new surge in cases has been attributed to both social gatherings held in violation of social distancing measures, movement restrictions during the Eid al-Fitr holiday held in mid-May, as well as the emergence of more highly contagious variants of COVID-19 in Malaysia, including variants from India, the UK, and South Africa.[5]   As Malaysians wearily undergo their fourth Movement Control Order (MCO) in two years, public anger with the Muhyiddin administration has only risen. The Malaysian public has often been left confused and frustrated with the ever changing MCO levels of caution and their corresponding Standard Operating Procedures (SOPs), which have been attributed, in part, to the lack of coordination between different ministries and government agencies.   Malaysia’s vaccination rollout continues to be sluggish and oftentimes poorly handled. The government’s online vaccination appointment sys-tem has encountered technical difficulties during the second opt-in on May 26. The poor vaccination rollout has been compounded by high levels of vaccine hesitancy among the general population.   Given the unwarranted situation in Malaysia, there are widespread beliefs that the ordinance actually serves to stifle public discourse regarding the state of the emergency, the COVID-19 situation, and the government’s increasingly woeful handling of the public health crisis. There have been increasing calls from civil society groups and political leaders to reconvene the parliament to allow lawmakers to properly address the crisis. Indeed, given that all Members of Parliaments in Malaysia have already been vaccinated, critics have pointed out that there is little reason as to why the parliament cannot physically resume albeit with proper procedures in place.   3. Comparisons with the previous Anti-Fake News Act Comparisons have been made between the ordinance and the Anti-Fake News Act 2018, the latter of which had been passed under the administration of former Prime Minister Najib Tun Razak. Similarly to the ordinance, the Anti-Fake News Act had been passed during a politically sensitive time for the government, as Najib faced mounting public criticism of his involvement in the 1MDB corruption scandal. Widely believed to have been used to silence public criticism, the Act was repealed in December 2019 by the subsequent Pakatan Harapan government.   While the ordinance follows the general structure of the Act, there are key differences which are worth bearing in mind. Unlike the Act, the ordinance is a temporary measure and will be automatically shelved once the state of emergency is scheduled to end on August 1 (unless the emergency is extended, which remains a strong possibility). The ordinance also specifically targets ‘fake news’ regarding COVID-19 and the state of emergency (the vagueness of what constitutes ‘fake news’ notwithstanding), while the Act was criticized for being overly broad and possibly including any sort of expression of which authorities could dispute the veracity. The Act also carried heavier penalties and longer terms of imprisonment than the new ordinance.   As argued by the co-chair of the Bar Council Constitutional Law Committee Andrew Khoo, this new ordinance constitutes a ‘much more technology-focused law’ compared to the Act, thereby making it more invasive of privacy. The ordinance grants authorities the right to access computerised data and website traffic data (including passwords, encryption codes, decryption codes, software or hardware), as well as the right to request the disclosure of stored traffic data. Khoo also notes that the ordinance comes under the purview of the ministry responsible for communications and multimedia, rather than that responsible for law.[6]   While the Act included a requirement that the act of creating or otherwise disseminating said ‘fake news’ must have been ‘malicious’ in intent, the new watered down the degree of intent to ‘intent to cause, or which is likely to cause fear or alarm to the public, or to any section of the public’. As Khoo observes, ‘this broadens the test of intention from being purely subjective – “with intent to cause” – to now include an element of objectivity – “likely to cause”.’[7]   It is also important to note another key distinction between the ordinance and the Act – the absence of democratic mandate with regards to the former. While it can at least be stated that the enforcement of the Act actually involved parliamentary approval, the ongoing suspension of parliament indicates that Malaysia’s legislative body had no ultimate say in the enforcement of the ordinance. In some sense, this makes the ordinance even more troubling than the repealed Act.   4. Lessons from Taiwan and Vietnam on Countering Fake News While the government is right to battle the dissemination of misinformation about COVID-19 and ensure the public is gaining accurate information (particularly at a time when vaccine hesitancy is becoming a more acute problem), measures such as the ordinance are disproportionate and threaten fundamental human rights and civil liberties granted by Malaysia’s constitution. Instead of implementing top-down, restrictive policies which pay little attention to building public trust and engagement, the government would do good to draw inspiration from many of their fellow Asian neighbours, most notably Taiwan and Vietnam. ;   Taiwan won international acclaim for their relatively successful efforts in containing their COVID-19 cases. This has been attributed in part to the inclusive and collaborative nature of their pandemic response strategy. To combat misinformation, Taiwan’s government did not seek to restrict public discourse but instead turned to push out accurate information. In one example, during the initial stages of the pandemic, authorities countered online rumours about an imminent toilet paper scarcity through light-hearted infographics that debunked them. Taiwanese authorities were also receptive to citizen feedback and suggestions and sought to be inclusive by making their digital services as accessible as possible (such as including voice assistance on their digital services to serve the visually impaired). As stated by Taiwan’s Digital Minister Audrey Tang, ‘we fought off the pandemic with no lockdown and the infodemic with no takedown’.[8]   In Vietnam, a proactive communication strategy was also vital to the country’s successful pandemic control. The early and adequate dissemination of correct information about COVID-19 proved vital in mobilizing public understanding of the virus, thereby ensuring community compliance with public health measures. Vietnam‘s strategy saw the dissemination of credible and up-to-date information through multiple channels, including online news outlets, social media, community loudspeakers, and public awareness campaigns. While certain restrictive measures were implemented (such as administrative fines for posting misinformation), it is important to understand that Vietnam’s overall strategy harboured open communication rather than clampdowns, thereby contributing to building public trust and widespread voluntary civic engagement.[9]   Ultimately, at the heart of Taiwan and Vietnam's respective pandemic responses were a focus on openness, effective and credible communication, and building public trust. Malaysia’s public communication strategy, while undoubtedly efficient in certain ministries and agencies, has largely been characterized as confusing and inconsistent. Additionally, it has battled misinformation through vague restrictive measures that only threatened to shut down much needed conversations rather than through credible public information campaigns. With the country facing one of its worst public crises in decades, it is incumbent on the Malaysian government to revoke the ordinance and engage its public through openness and transparency.■     [1] It imposes fines of up to MYR 100,000 (USD 24,000) or imprisonment of up to three years, or both. Further fines up to MYR 1,000 (US$240) each can also be imposed for every day if the offence continues upon conviction. The court may order the convicted person to apologise to those affected by the offence./p> [2] Ministry of Communications and Multimedia Malaysia, “Minister Says Anti-Fake News Emergency Ordinance To Uphold Rule Of Law,” Malay Mail, June 3, 2021. [3] Bernama. “Housewife, tutor first to be charged under Emergency Ordinance for spreading fake news on Covid-19” The Edge Markets, June 2, 2021. [4] Bowie, Nile. “Malaysia teeters on edge of Covid-19 catastrophe”, Asia Times, May 31, 2021. [5] Ibid. [6] Khoo, Andrew. “The fake news ordinance is more draconian than we think,” Malaysiakini, March 17, 2021. [7] Ibid. [8] Poon, Yun Xuan. “How Taiwan used memes to fight pandemic rumours,” GovInsider, September 11, 2020. [9] Nguyen, Hong Kong and Ho, Tung Manh. “Vietnam’s COVID-19 Strategy: Mobilizing Public Compliance Via Accurate and Credible Communications”, ISEAS Perspective, Issue, No. 69, June 25, 2020.     Imran Shamsunahar is an Executive for External Relations at the Institute for Democracy and Economic Affairs (IDEAS), based in Kuala Lumpur, Malaysia. He received his Masters in Strategy and International Security from the University of Hull in the UK. He is also a freelance writer, having published pieces on the Asia Pacific in Nikkei Asia, the South China Morning Post, and National Interest. He's also been interviewed on Australia's ABC Radio National and quoted in Benar News.     담당 및 편집: 백진경 EAI 연구실장 문의: 02 2277 1683 (ext. 209) I [email protected]  

Imran Shamsunahar 2021-06-11조회 : 15742
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[ADRN Issue Briefing] Democratic Backsliding in India

.a_wrap {font-size:16px; font-family:Nanum Gothic, Sans-serif, Arial; line-height:26px;} [편집자 주] Once considered the most populous democracy in the world, recent developments in India show that India is set on a path to losing its title. Analyses conducted by the Freedom House and the V-Dem Institute claiming that India’s democracy has lost its integrity is not a surprise to India-watchers observant of the recent trajectory of the Indian government. In this Issue Briefing, Neelanjan Sircar, Assistant Professor at Ashoka University, looks into the demotion of India’s status in various democratic indices. An investigation into Prime Minister Modi’s BJP government shows that the execution of anti-democratic laws and practices, prevalent throughout India’s history, has increased. The sedition law and the Unlawful Activities (Prevention) Act have been used to stifle voices of opposition against the government. Additionally, not only has the mass media been increasingly biased towards the BHP, but the government has resorted to internet (and phone data) shutdowns and harassing key opposition leaders when it senses threat. Amid such troubling developments, the author calls upon the necessity for India to refrain from using legal machinery and harassing critics of the government. If such practices continue, prospects for the restoration of democracy in India will remain bleak.   An Overview of Democratic Decline India has long been considered the world’s most populous democracy, but recent developments in the country have called into question the integrity of its democracy. In May 2019, the incumbent Hindu nationalist Bharatiya Janata Party (BJP) led by Prime Minister Narendra Modi secured a second term in a landslide victory — winning 303 out of 543 seats (with its governing alliance winning a total of 353 seats). This marked the first time since 1984 that a single party won the majority of seats in back-to-back national elections. But along with electoral dominance have come charges of weakening state institutions and intimidation of political opponents and government critics, leading to what many scholars call “democratic backsliding.” These concerns gained worldwide attention with the publication of two recent reports from agencies that assess the quality of democracy around the world.   In its 2021 report, Freedom House, a non-governmental organization, downgraded India’s status from “free” to “partly free” because the Indian government “presided over rising violence and discriminatory policies affecting the Muslim population and pursued a crackdown on expressions of dissent by the media, academics, civil society groups, and protesters.”[1] Freedom House relies on country experts and internal procedures to assess a country’s quality of democracy.   Soon after this report was released, the Sweden-based V-Dem Institute downgraded India from an “electoral democracy” to an “electoral autocracy.”[2] Unlike the rating sys-tem used by the Freedom House, V-Dem uses a nearly exhaustive list of indicators and statistical modeling to derive its indices. These methods portrayed a similar diminution in the quality of India’s democracy, with V-Dem observing “a gradual deterioration where freedom of the media, academia, and civil society were curtailed first and to the greatest extent.”   To put things into perspective, the liberal democracy index (LDI) developed by V-Dem shows India’s democratic status at levels last seen between the years of 1975 and 1977 — when then-Prime Minister Indira Gandhi declared martial law or “Emergency” across India — a period widely considered to have constituted the formal suspension of India’s democracy. Furthermore, these are not methods that judge only non-Western countries harshly. For instance, the United States also displays a precipitous drop in its LDI score after 2016, when Donald Trump was elected president.   From a theoretical standpoint, it has long been believed that democracies are most effective, that is, they are a form of government most accountable and sensitive to the concerns of citizens when political opposition and civil society can freely bring forth their points of view and criticisms of the ruling government. The ruling government is able to entrench itself in power without responding to citizens’ concerns when opponents of the ruling government (whether formal political actors or ordinary citizens) are harassed or intimidated and mass media refuses to give space to dissenting voices,   Stifling Dissent from Civil Society As in many cases of democratic backsliding, police action and disingenuous interpretation of the law have been used to target critics in civil society. India’s sedition law, section 124A of the Indian Penal Code, is over 150 years old and harkens back to British colonial rule, during which the law was actively used to suppress anti-colonial activities. In fact, Mahatma Gandhi was charged with sedition in the 1920s, a law he referred to as the “prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen.”[3]   In recent times, the sedition law has been used to explicitly generate a chilling effect among critics of the government. This sedition law has been used to jail student activists Anirban Bhattacharya, Kanhaiya Kumar, and Umar Khalid for raising “anti-national” slogans at a Jawaharlal Nehru University (JNU) campus event. In the aftermath, television media made unsubstantiated claims and accusations about the activists, partially based upon a doctored video, to sway public opinion against them.[4] More recently, student environmental activist Disha Ravi was jailed under the sedition law due to her role in furnishing a “toolkit” as a guide for digital campaigns critical of the government.[5]   These are not isolated incidents either. A database of sedition cases in India from 2010 to 2020 found that 65% of all cases had been filed since the election of Prime Minister Modi in 2014. More strikingly, 96% of the sedition cases filed against Indian citizens for being critical of the government or politicians between 2010 and 2020 were filed after Narendra Modi became the prime minister.[6]   Perhaps the most effective legal tool in stifling criticism has been India’s anti-terrorism law, known as the Unlawful Activities (Prevention) Act (UAPA). Soon after having been re-elected, the government introduced an amendment to the UAPA to allow the designation of not only organizations (and members therein), but also individuals as terrorists. Under the UAPA, those arrested need not immediately informed about why they have been arrested (charges can be framed up to 180 days later) and are rarely given bail. Government data shows that the number of cases filed under the UAPA increased by more than 72% from 2015 to 2019 and between 2016 and 2019 only 2.2% of cases ended in conviction.[7] This has led many observers to conclude that the UAPA has been increasingly used to harass individuals critical of the government even when there is no defensible legal case — as cases can take many years to resolve due to India’s case backlog — while a person under trial must continue to be in jail.   One of the most high-profile uses of the UAPA has been in relation to the “Bhima Koregaon violence.” On January 1, 2018, groups representing the Dalit communities (those belonging to the “lowest” caste groups) held an event commemorating the Battle of Koregaon — a historically important event for Dalit communities — in the Bhima Koregaon village in the state of Maharashtra. After right-wing incitement, a group pelted stones upon those in the commemoration leading to the death of a 28-year-old in the subsequent confrontation, triggering massive statewide protests.[8]In the aftermath, several civil rights activists and scholars, most of whom had not taken part in the event — such as Hany Babu, Sudha Bharadwaj, Gautam Navlakha, Varavara Rao, Father Stan Swamy, Anand Teltumbde, Rona Wilson — were charged under the UAPA and are still in jail.[9] There are strong indications, however, that the basis of some of the charges stems from data planted on the computers of the activists,[10] and a number of those jailed are in poor health drawing attention from the UN Human Rights office.[11]   By May 2021, India had experienced a devastating second wave of the coronavirus pandemic, formally peaking at over 400,000 cases and 4,500 deaths per day. Nonetheless, it has been widely understood that this is a severe undercount due to limited testing availability and poor accounting of deaths.[12] Images of overcrowded hospitals, people dying due to the lack of oxygen availability, and makeshift burials and funerary pyres flashed across the globe. The government has sought to counter negative publicity through punitive action. In Uttar Pradesh, India’s largest state, chief minister Yogi Adityanath (who is aligned with the ruling BJP) instructed officials to take action against those “creating fear” by criticizing his government’s handling of the coronavirus pandemic, including hospitals that reported a shortage of oxygen.[13] In another example, the police in the capital city of Delhi, which is controlled by the central government, arrested 24 individuals for posting flyers that questioned Prime Minister Modi’s vaccine policy.[14]   Media and Stymying Political Opposition Since the BJP came to power in 2014, there has been a noticeable shift in Indian mass media.The Indian media is regularly accused of openly displaying bias for the ruling government, bowing to political pressure on a number of matters, and engaging in self-censorship.[15]Most worryingly, there is significant concern that the media engages in “dog whistle” tactics to vilify India’s Muslim community and generate greater Hindu-Muslim polarization (which is considered beneficial for the ruling Hindu nationalist BJP).[16]   With mass media viewed largely biased towards the ruling government, social media may plausibly create spaces for alternate or critical content. In practice, however, online spaces have been flooded with aggressive content and fake news produced by those associated with the Hindu nationalist ideology and anti-Muslim rhetoric.[17] A more troubling development is that the Indian government has resorted to internet (and phone data) shutdowns when it senses threat, essentially cutting off two-way communication between citizens and voices critical of the government. According to available data, of the 155 internet shutdowns recorded in 2020, 109 were in India.[18] (The next closest country was Yemen with six.) The disproportionate use of internet bans in India has been an effective tool in restricting the most critical voices from the political opposition.   But the restriction of opposing political voices does not only pertain to the domain of communication — key opposition leaders have also been jailed or harassed by the central government. On August 5, 2019, the ruling BJP changed the land protections for Jammu and Kashmir, India’s only Muslim majority state, which was a long-time demand from Hindu nationalists. At the same time, it unilaterally demoted the state to a “union territory” and divided the state into two. This demotion gave the central government significant power over the region, as regional political actors were often adversarial to the central government.[19] In order to prevent political resistance, the government jailed all key leaders (some of whom still continue to be in custody).[20] Even 82-year-old former chief minister Farooq Abdullah was kept in custody for 7 months.[21] On top of the jailing of key leaders, the government imposed a bruising internet ban that lasted for 18 months.[22]   This activity is not restricted to the contested region of Kashmir. Somewhat surprisingly, despite its dominance in national politics, the BJP has performed poorly in recent state elections.[23] In early 2021, the state of West Bengal went to the polls. The ruling chief minister of West Bengal, Mamata Banerjee (from a party called the Trinamool Congress), has been a strong critic of the BJP. In order to shift the narrative, the BJP aggressively used its state resources in the election campaign, using central agencies like the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) to investigate cases and question politicians during the electoral campaign.[24]In the aftermath of the election, in which the BJP was defeated soundly, the CBI has arrested 4 key political leaders, including 2 ministers of the government, affiliated with Mamata Banerjee’s Trinamool Congress in a seven-year-old case that had been lying dormant.[25]   In principle, India’s institutions are supposed to act as a check against the erosion of democratic norms, or, at minimum, not function in a biased manner. But often these same institutions have been complicit in stymying critical voices. The Supreme Court, for instance, has been viewed as one of strongest and most independent in the entire world — and one that can effectively counter moves by politicians to curtail liberty. However, like many other contexts undergoing similar cases of democratic backsliding like Hungary and Turkey, the Court has stood down,[26] refusing to act during the aforementioned mass arrests in Jammu and Kashmir.[27] This is not only limited to the courts. In addition to the central police, the income tax department has been regularly used to intimidate politicians,[29] Perhaps most prominently, the ceremonial post of the governor in the Indian sys-tem (a political appointee from the central government) has been used to harass state governments in opposition to the ruling BJP.[30] In short, the democratic breakdown is built upon the complicity and manipulation of India’s existing institutions.   Conclusion While the demotion of India’s status in various democratic indices was domestically controversial, a closer look provides a genuine empirical basis for such demotion. While it is true that there have been anti-democratic laws and practices throughout India’s history, some of which harken back to British colonial rule, the conduct of Prime Minister Modi’s BJP government shows a significant increase in the use of these tools. Upon assuming power in 2014, and especially after the re-election in 2019, the ruling BJP has used legal machinery and centrally controlled institutions to harass opposition political leaders and critics of the government in civil society. Indeed, a close reading of the reports that accompany the Freedom House and V-Dem reports highlights these exact factors for the demotion of India’s status in their respective indices. Without a course correction, India will continue down the path of democratic erosion. ■     [1] Freedom in the World 2021— India Country Report. https://freedomhouse.org/country/india/freedom-world/2021 [2] Autocratization Turns Viral: Democracy Report 2021. https://www.v-dem.net/media/filer_public/c9/3f/c93f8e74-a3fd-4bac-adfd-ee2cfbc0a375/dr_2021.pdf [3] Republic of dissent: Gandhi’s sedition trial. Live Mint. January 25, 2019. https://www.livemint.com/politics/news/republic-of-dissent-gandhi-s-sedition-trial-1548352744498.html [4] 'We faced a trial by media': The Umar Khalid and Anirban Bhattacharya interview. Scroll. March 19, 2016. https://scroll.in/article/805353/we-faced-a-trial-by-media-the-umar-khalid-and-anirban-bhattacharya-interview [5] Climate Activist Jailed in India as Government Clamps Down on Dissent. New York Times. February 15, 2021. https://www.nytimes.com/2021/02/15/world/asia/climate-activist-jailed-india.html [6] Our New Database Reveals Rise In Sedition Cases In The Modi Era. Article 14. February 2, 2021. https://www.article-14.com/post/our-new-database-reveals-rise-in-sedition-cases-in-the-modi-era [7] Parliament proceedings | Over 72% rise in number of UAPA cases registered in 2019. The Hindu. March 10, 2021. https://www.thehindu.com/news/national/parliament-proceedings-over-72-rise-in-number-of-uapa-cases-registered-in-2019/article34029252.ece [8] Violence in Maharashtra as Dalits protest death of 28-year-old in Bhima Koregaon clashes, bandh called in state. Hindustan Times. January 2, 2018. https://www.hindustantimes.com/india-news/violence-in-maharashtra-as-dalits-protest-death-of-28-year-old-in-bhima-koregaon-clashes/story-zerVWqrSjLjF2x53oHMVXL.html [9] Manufacturing Evidence: How the Police is framing and arresting constitutional rights defenders in India. The Polis Project. August 13, 2020. https://thepolisproject.com/manufacturing-evidence-how-the-police-framed-and-arrested-constitutional-right-defenders-in-india/ [10] Further evidence in case against Indian activists accused of terrorism was planted, new report says. Washington Post. April 21, 2021. https://www.washingtonpost.com/world/2021/04/20/india-bhima-koregaon-activists-report/ [11] UN Human Rights Office Urges Release of Bhima Koregaon Activists 'at the Very Least on Bail’. The Wire. January 24, 2021. https://thewire.in/rights/un-human-rights-office-bhima-koregaon [12] As Covid-19 Devastates India, Deaths Go Undercounted. New York Times. April 24, 2021. https://www.nytimes.com/2021/04/24/world/asia/india-coronavirus-deaths.html [13] Oxygen shortage | Some hospitals creating fear: Yogi Adityanath. The Hindu. April 26, 2021. https://www.thehindu.com/news/national/other-states/oxygen-shortage-some-hospitals-creating-fear-adityanath/article34409725.ece [14] Arrests over PM Modi's posters ‘illegal’, says plea in Supreme Court. Hindustan Times. May 18, 2021. https://www.hindustantimes.com/india-news/arrests-over-pm-modi-s-posters-illegal-says-plea-in-supreme-court-101621293711703.html [15] Edward Anderson and Christophe Jaffrelot. 2018. Hindu nationalism and the ‘saffronisation ofthe public sphere’: an interview with Christophe Jaffrelot. Contemporary South Asia. Vol 26, No. 2: 468-482. [16] Shakuntala Banaji and Ram Bhat. September 24, 2020. Disinformation against Indian Muslims during the COVID-19 pandemic. Media@LSE Blog. https://blogs.lse.ac.uk/medialse/2020/09/24/disinformation-against-indian-muslims-during-the-covid-19-pandemic/ [17] By design and delusion, the project to radicalise Hindu India gains momentum. Scroll.  March 9, 2019. https://scroll.in/article/915757/by-design-and-delusion-the-project-to-radicalise-hindu-india-gains-momentum [18] Internet shutdowns report: Shattered dreams and lost opportunities.  Access Now.  March 3, 2021. https://www.accessnow.org/keepiton-report-a-year-in-the-fight/ [19] The interplay between Kashmir and India’s democratic project. Hindustan Times. September 14, 2019. https://www.hindustantimes.com/analysis/the-interplay-between-kashmir-and-india-s-democratic-project/story-styS64AQc8SRxLZxl0lZXO.html [20] Jailed Kashmiri leaders’ families seek their release in the wake of pandemic. The Hindu. May 6, 2021. https://www.thehindu.com/news/national/other-states/jailed-kashmiri-leaders-families-seek-their-release-in-the-wake-of-pandemic/article34500450.ece [21] Farooq Abdullah meets son Omar in Srinagar sub-jail day after release from 7-month detention. Hindustan Times.  March 14, 2020.https://www.hindustantimes.com/india-news/farooq-abdullah-meets-son-omar-in-srinagar-sub-jail-day-after-release-from-7-month-detention/story-6ErpcQYCMD8DcCGmYjBhUP.html [22] 4G Is Back in J&K After 18 Months, But it Can't Compensate for What We Lost. The Wire. February 7, 2021. https://thewire.in/rights/jammu-and-kashmir-4g-internet-costs [24] CBI, ED, IT probes against opposition politicians — on at election time, off after that. Print.April 16, 2021. https://theprint.in/india/cbi-ed-it-probes-against-opposition-politicians-on-at-election-time-off-after-that/640596/ [25] Bail On Hold, Mamata Banerjee's 2 Ministers, 2 Others Spend Night In Jail. NDTV. May 18, 2021. https://www.ndtv.com/india-news/four-including-mamata-banerjees-ministers-arrested-in-narada-bribery-case-get-bail-2443606 [26] With Freedom at Stake, Courts Are Collapsing. New York Times. September 9, 2020. https://www.nytimes.com/2020/09/09/opinion/hungary-turkey-india-courts.html [27] Is the SC abdicating its responsibility? Mumbai Mirror. August 24, 2019.https://mumbaimirror.indiatimes.com/opinion/columnists/by-invitation/is-the-sc-abdicating-its-responsibility/articleshow/70812765.cms [28] Income tax department raids DMK leader Kanimozhi’s house in Tamil Nadu’s Thoothukudi. Hindustan Times. April 16, 2019. https://www.hindustantimes.com/india-news/income-tax-department-raids-dmk-leader-kanimozhi-s-house-in-tamil-nadu-s-thoothukudi/story-JYQXZfvcSCH3tcunGDTC6K.html [29]‘Not so sasti anymore’: Actor Tapsee Pannu takes dig after I-T raids on her, Anurag Kashyap. The Print. March 6, 2021. https://theprint.in/india/not-so-sasti-anymore-actor-tapsee-pannu-takes-dig-after-i-t-raids-on-her-anurag-kashyap/616836/ [30]Governors Vs states – Delhi ‘sultanate’ back amid growing sense of bias.The Federal. October 21, 2020. https://thefederal.com/analysis/governors-vs-states-delhi-sultanate-back-amid-growing-sense-of-bias/     Neelanjan Sircar is a Senior Visiting Fellow at Centre for Policy Research (CPR) and Assistant Professor at Ashoka University. His research interests include Indian political economy and comparative political behavior with an eye to Bayesian statistics, causal inference, social network analysis, and game theory. Dr. Sircar is also a Non-Resident Fellow at the Center for the Advanced Study of India at the University of Pennsylvania. He received a bachelor's degree in applied mathematics and economics from UC Berkeley in 2003 and a PhD in political science from Columbia University in 2014.     담당 및 편집: 백진경 EAI 연구실장 문의: 02 2277 1683 (ext. 209) I [email protected]  

Neelanjan Sircar 2021-05-31조회 : 9495
워킹페이퍼
[ADRN Working Paper] Research on Political Finance, "Reforms for Transparency and Integrity"

Political Finance in Asian Democracies: Reforms for Transparency and Integrity     The term “political finance” is used to describe all funds that are raised and spent for political purposes. Across democratic countries, various models exist based on which political parties and candidates can raise funds for political campaigns and contest for public offices. Regarding the use of political funds, a sys-tem of checks and balances is crucial to ensure level of the playing field for all associated actors. In this working paper series, Indonesia, Malaysia, Pakistan, and Taiwan provided an overview of their respective sys-tems of political finance. Through comparing, contrasting, and providing comprehensive feedback of each sys-tem, the authors examined viable ways to enhance transparent political finance sys-tems.   In order to address this issue, the Asia Democracy Research Network (ADRN) has been conducting research on the Sys-tem of Political Finance Across Asian Democracies based on country cases since 2020. As part of this research project, EAI has planned a working papers series composed of four working papers.     1. Ridho Imawan Hanafi, Sri Nuryanti ∣ Indonesian Political Party Finance for a Better Accountability 2. Iman Amran, Aira Azhari ∣ Political Funding in Malaysia: Starting from the Ground Up 3. Ahmed Bilal Mehboob ∣ Regulating the Use of Money in Politics: The Case of Pakistan 4. Chin-en Wu, Yun-han Chu ∣ Campaign Finance in Taiwan  

2021-05-27조회 : 8702
워킹페이퍼
[ADRN Working Paper] Political Funding in Malaysia: Starting from the Ground Up

[Editor's Note] In Malaysia, “black-box decisions” made between political parties and Government-Linked Companies(GLCs) have been a major concern in sustaining the country’s democratic sys-tem. Such practices exacerbate the monetization of politics, which leads to the problem of business-government intertwined corruption. What makes matters worse is that the current financial corruption in Malaysia has become more serious due to other factors such as internal conflicts within a party and transactions of covert funds. The authors, Iman Amran and Aira Azhari from the Institute for Democracy and Economic Affairs, point out that Malaysia does not have adequate legal enforcement to punish such misdeeds in politics which is evident in the 1MBM scandal. To create a more transparent political finance environment, the authors recommend a three-pronged approach: 1) initiating reforms in political parties to improve accountability of funds, 2) fairly allocating direct and indirect political funds, and 3) empowering the public through voter and civic education to achieve political literacy that would monitor the transparency of Malaysian politics.     ※ 아래는 일부 내용을 발췌한 것입니다. 전문은 상단의 첨부파일을 확인하시길 바랍니다.   Malays National Organisation’s (UMNO) 60-year rule, extensive networks were formed in which proxies of UMNO held UMNO’s money through different companies. It is widely known that these proxies were then mobilized to provide financing during the party and general elections, which further strengthened UMNO’s grip on power. Malaysia’s Government-Linked Companies (GLCs) have also played a significant role in the financing of politics. GLCs are meant to serve many important social objectives and should be run independently, transparently, and with accountability. However, over the years increasing political interference has undermined the role they are supposed to play and has caused abuse of power and corruption to fester. Furthermore, the appointments of politicians and politically linked persons into the Boards and management of GLCs have greatly compromised their independence. Political appointments have also been used as a means to reward party members who won in elections. This political interference within GLCs has caused monetization of politics, as corporations and businesses who support the ruling party gain easier access to government grants and contracts – making the procurement sys-tem opaque and considered as a ‘black-box’. Black-box decisions are made with minimal objectives and little to no clarification over the decision-making process. This is usually how political financing and appointment decisions are made in Malaysia for the past few decades. Even during the COVID-19 pandemic, multiple GLC appointments were made.   Malaysia has a long history of political involvement and interference in business. During United Malays National Organisation’s (UMNO) 60-year rule, extensive networks were formed in which proxies of UMNO held UMNO’s money through different companies. It is widely known that these proxies were then mobilized to provide financing during the party and general elections, which further strengthened UMNO’s grip on power. Malaysia’s Government-Linked Companies (GLCs) have also played a significant role in the financing of politics. GLCs are meant to serve many important social objectives and should be run independently, transparently, and with accountability. However, over the years increasing political interference has undermined the role they are supposed to play and has caused abuse of power and corruption to fester. Furthermore, the appointments of politicians and politically linked persons into the Boards and management of GLCs have greatly compromised their independence. Political appointments have also been used as a means to reward party members who won in elections. This political interference within GLCs has caused monetization of politics, as corporations and businesses who support the ruling party gain easier access to government grants and contracts – making the procurement sys-tem opaque and considered as a ‘black-box’. Black-box decisions are made with minimal objectives and little to no clarification over the decision-making process. This is usually how political financing and appointment decisions are made in Malaysia for the past few decades. Even during the COVID-19 pandemic, multiple GLC appointments were made.¹ These appointments were highly criticized as the ruling party’s move to further entrench and consolidate the political party’s position in the government. Business and politics are deeply intertwined in Malaysia, making it difficult to separate the two unless robust reforms are done within the political landscape to strengthen the sys-tem of political finance in Malaysia.   ¹ Brief IDEAS No. 30: COVID-19 & Malaysia’s Democratic Resilience p. 8-9   ■Iman Amran is a research intern at IDEAS’s Democracy and Governance Unit. She is a final year student of Economics and Philosophy at the University of Sheffield. ■Aira Azhari manages IDEAS’ Democracy and Governance Unit, where she oversees research and advocacy on the topics of accountable governance, anti-corruption and creating a more policy-oriented political culture in Malaysia. She provides political analysis for IDEAS and various audiences including diplomats, MNCs, the media, the corporate sector as well as civil society organisations. Aira has been interviewed by the BBC (World News and Radio), Astro Awani, Bernama, Channel News Asia, Radio Televisyen Malaysia, Lite FM and BFM on matters relating to Malaysian politics, economics and governance. Aira graduated with a Master of Laws in Public International Law from the London School of Economics and Political Science and a Bachelor of Laws from the University of Liverpool, United Kingdom.     담당 및 편집: 전주현 EAI 연구원 문의: 02 2277 1683 (ext. 204)  |  [email protected]  

Iman Amran, Aira Azhari 2021-05-27조회 : 8979
논평이슈브리핑
[ADRN Issue Briefing] Myanmar Crisis Needs Concerted Democracy Support from Asian Middle Powers

.a_wrap {font-size:16px; font-family:Nanum Gothic, Sans-serif, Arial; line-height:26px;} [Editor’s note] Myanmar’s fight for democracy endures amid violent crackdowns inflicted by the military government. While the number of fatalities and casualties, especially those among the youth and children participating in the nationwide civil disobedience movement (CDM) continues to increase, democracies in the region have become increasingly alert towards the situation in Myanmar. Hun Joon Kim, professor at Korea University, and Sook Jong Lee, professor at Sungkyunkwan University and senior fellow at the East Asia Institute, state that while middle power democracies of India, Indonesia, Japan and South Korea have made significant moves against the military coup in support of Myanmar’s path towards democracy, they should coordinate among themselves to pursue more substantial ways of engagement. Civil societies of Asian middle power democracies have shown moral and financial support to the CDM in Myanmar and have manifested unusually high levels of empathy and support for the restoration of democracy in Myanmar. To sustain such support and facilitate change towards democratic transition remains a challenge – one that requires unequivocal support from Asian middle power democracies.     1. Introduction   On April 23, leaders of ASEAN countries undertook the first meaningful initiative in Jakarta since the February 1 military coup. A belated Five-Point Consensus was made in order to stop state violence, which had resulted in the deaths of 774 victims, including young people, university students, and women and children as of early May (AAPP, 2021.5.8). Countries demanded the immediate cessation of violence, constructive dialogue to reach a peaceful solution, mediation by a special envoy from ASEAN’s chair, humanitarian assistance, and a visit by a special envoy and delegation. However, even after the consensus, there were an additional 40 fatalities and 439 casualties over the course of the following two weeks. The nationwide civil disobedience movement (CDM) is still ongoing and the National Unity Government (NUG) was formally established. ASEAN has been backed by the international community as the legitimate focal body to resolve the crisis, while major Western countries including the US introduced sanctions targeted only against military leaders and their financial networks.   Foreign and development ministers from G7 countries made a joint statement in London on May 7 and warned that more effective measures including preventing the supply, sale, or transfer of weapons, exercising due diligence in conducting business with military-affiliated business, and relocating development aid from the military regime to the Burmese people. However, prospects for an imminent implementation of such measures remain gloomy. Big businesses who have been working closely with the Myanmar Oil and Gas Enterprise (MOGE), the single largest source of revenue, are vigorously lobbying G7 governments against further sanctions. Moreover, China, with a definite “Three Support and Three Avoids” policy on Myanmar, objects to any “inappropriate intervention” by the UN Security Council (UNSC) or “external forces from fueling the unrest.”   The purpose of outside intervention on the current crisis falls somewhere between taking a minimal position of preventing the Myanmar military from seizing the lives of more civilian protestors and a maximal position of recognizing the NUG as the legitimate government of Myanmar and punishing coup leaders by indicting them to the International Criminal Court.[1] The common demand of the international community is to urge the military to stop the brutal crackdown and release arrested politicians and protestors. Outsiders also encourage dialogue among major domestic parties to return to the hybrid government under the 2008 constitution either by honoring the results of the previous November elections or by holding a new election within this year as promised by the coup leader Min Aung Hlaing. The direction of the further development of the democracy of Myanmar must be negotiated and navigated through the free will of local stakeholders themselves through democratic processes. However, military leaders are not responding to these calls. If the international community tolerates illegitimate military rule in Myanmar as if nothing has happened, there is potential for further exacerbation of democratic backsliding in the region.   Witnessing the grave critical juncture in Myanmar democracy, both the governments and the civil societies of middle power democracies of India, Indonesia, Japan and South Korea have made significant moves against the military coup and its subsequent violent suppression of peaceful demonstrations. Can these four middle power democracies help Myanmar exit from chaotic conflict? This issue brief aims to overview Asian middle power democracies’ responses to the Myanmar crisis and explore what further contributions they can make to support a peaceful resolution.   2. Asian Middle Powers’ Myanmar Democracy Support   Both the governments and civil societies in Asian middle power democracies quickly responded to the Myanmar coup. Taking into account their diplomatic relations with the Tatmadaw or geopolitical considerations, the four middle power democracies took somewhat different approaches. Japan and India, for example, undertook quiet diplomacy with low-key moves while South Korea undertook a more assertive and vocal diplomacy. India and Indonesia took a more pragmatic and conciliatory approach due to their past relationships with the country. However, at the core, every country shared its deepest concerns about the military coup and the following bloody suppression of peaceful protestors. Additionally, civil societies in all four Asian democracies were alert and highly attentive to the situation and engaged in organized support for protestors in Myanmar.   Government Responses   Among the four democracies examined here, the South Korean government has issued strong statements and announced sanctions. This assertiveness is unusual and unprecedented for Korean diplomacy. President Moon Jae-in issued SNS messages several times.[2] High-level officers in the foreign and justice ministries met with the Myanmar ambassador, students, and residents to pay heed to their concerns. The National Assembly adopted a resolution on February 26, referring the coup to a “serious defiance of democracy.” So far, five measures are in place. First, the government suspended new exchanges and cooperation in the field of defense and security. Second, the government ceased the exports of military supplies and decided to strictly control exports of dual-use items. Third, the government is under review of official development assistance (ODA) while continuing projects which are directly linked to the livelihoods of the people and humanitarian assistance. Fourth, the government implemented special humanitarian measures that permit Burmese residents in Korea extend their stay until the situation stabilizes. Fifth, the government raised travel advisories to all areas of Myanmar.   On the other hand, both the Japanese and Indian governments have taken a soft and low-key approach to diplomacy. They took similar routes in condemning the coup and delivering deep concerns over the military violence. As the third largest investor and the largest donor to Myanmar, Japan brokered a cease-fire last November between the Tatmadaw and the rebel Arakan Army. Using such leverage, the Japanese government has tried to establish connections with the Tatmadaw to build channels for communication regarding the current crisis. However, the Japanese government was unequivocal in expressing its strong condemnation of the military’s use of violence against protestors and demanding the release of political prisoners. The Japanese government has decided to not offer new ODA and is considering the idea of banning existing ODA as well. Japan has also cooperated with India for backroom negotiations with the Tatmadaw inside the Quadrilateral Security Dialogue.[3]   India has unique geopolitical interests regarding the Myanmar conflict. Sharing a border longer than 1,600 km, New Delhi’s low-key responses are guarded by the domain of security. As Myanmar’s armed insurgent groups are operating in the bordering region, the Indian government developed a close rapport with the Tatmadaw for border security. Also, India launched major infrastructure initiatives such as the Kalada Multi-Modal Transit Transportation Project and the India-Myanmar-Thailand Trilateral Highway to compete with China, regarding its massive infrastructure projects in Myanmar. India also provides more than $1billion to Myanmar to strengthen its electoral process and provide technical assistance in education and health care services. Despite close ties with the Tatmadaw, however, Indian representatives such as Indra Pandey, Indian representative at the United Nations Human Rights Council, made a statement demanding the rule of law and the democratic process. As a non-permanent UN Security Council member this year, the Indian government put efforts to move the council forward. For example, it played a key role in pushing the UN Security Council to issue the first press statement calling for the immediate release of Aung San Suu Kyi and other government officials on February 4.   On the other hand, Indonesia sought more concerted actions using its ASEAN based leadership. Indonesia’s foreign minister visited several member countries for consultation on the crisis. President Joko Widodo at the ASEAN Summit on April 24 stated that “The situation in Myanmar is something that is unacceptable…and violence must be stopped, and democracy, stability, and peace in Myanmar must be restored.”[4] Indonesia believes that an ASEAN-led option is the best among the worst and ASEAN should offer a formula that can make conflicting parties commit to “Myanmar-owned and Myanmar-led” dialogues. How Indonesia, together with Singapore and Malaysia, two other ASEAN members that have manifested an attitude to take action regarding the crisis, can persuade the less willing Tatmadaw remains to be seen. In the meantime, many consider that the principle of ASEAN centrality would fail to deliver a breakthrough in resolving the crisis.   Civil Society Responses   Civil societies in Asian democracies have also been active in supporting the Myanmar protestors and their CDM. Such supportive activities are divided into three types. First, civil society organizations in Asian democracies actively supported the Myanmar protestors through rallies, petitions, and fundraising. In Japan, for example, fundraising activities have taken place both online and offline. In South Korea, about 240 civil society organizations formed an umbrella network supporting democracy in Myanmar and organized several awareness campaigns and political rallies. This network, along with individual citizens, local government branches, and local parliaments has raised funds for CDM. The most active organizations are related to organizations revolving around the Gwangju democratic movement that commemorate the citizen uprising in Gwangju on May 18, 1980 against the military and individual citizens of Gwangju. This is mainly due to the similarity between the two events in terms of how the coup and massacres are unfolding, but the connection has already been established a decade ago when the 5.18 Memorial Foundation actively reached out to support fledging Southeast Asian democracies.   Second, civil society organizations in Asian democracies not only support Myanmar protestors, but also further exert pressure upon their own governments and businesses working closely with the Myanmar military. In Japan, there are ongoing petition campaigns led by university students aimed to pressure the Japanese government’s diplomacy. In India, civil society voices and public opinion in Mizoram are pressuring somewhat passive regional governments to take a more active position in supporting Myanmar protestors and CDM. In South Korea, university students and the People’s Solidarity for Participatory Democracy (PSPD) are protesting in front of companies whose investments are tightly linked to the military. Upon such pressure, one of the companies decided to terminate a joint venture with the Myanmar Economic Holdings Public Limited (MEHL).   Third, other actors such as the media, think tanks, and scholars in Asian democracies are supporting protestors. Both traditional and new media such as SNS have made efforts to spread the word and support protestors. Sisain, a progressive South Korean media, is providing an outlet for local Myanmar reporters whose voices have been suppressed. SNS users who have previously worked in Myanmar are posting first-hand stories from Myanmar friends. In India, national media broadcasted the flight of Myanmar refugees and has helped direct public opinion. Moreover, research institutes and scholars in Japan and South Korea show support for Myanmar democracy by signing petitions, publicizing their research on the fairness of elections based on survey research, or organizing scholarly events supporting protestors.   3. More Concerted Actions among Asian Middle Power Democracies are Necessary   Despite the abovementioned efforts on the Myanmar crisis made by the four middle power democracies, it is apparent that there is a huge lack of consultation and concerted actions among themselves. While government and civil societies of these four countries developed a like-minded cause and positions, i.e., helping Myanmar people achieve their aspirations of restoring their democracy, they are not coordinating their actions as an ad-hoc plurilateral network. Although bilateral options are still important, emphasis should be put on multilateral options since “enhancing solidarity” among middle power democracies is an important feature in the current geopolitical configuration (Keleinfeld et al. 2021). Informal consultation and coordinated actions among like-minded middle power democracies on the Myanmar crisis can be a good issue-specific middle-power campaign integrating governmental and nongovernmental actors and linking diverse multilateral spaces and venues (Paris, 2019).[5] Here are some measures through which middle power democracies can coordinate utilizing their bilateral relations with Myanmar and their actions in regional and global organizations.   Bilateral measures to coordinate First of all, all middle power democracies can enhance humanitarian assistance to the people in Myanmar. In addition to the prevailing pandemic situation, many shops are closed and economic sustainability has been greatly undermined amid the violent crackdowns. Vulnerable populations such as women, children, injured people, and internally displaced people should be prioritized. Myanmar is one of poorest countries and its economic situation has further exacerbated with the CDM. A recent estimate from the World Bank shows a possible 9.8% contraction from earlier predictions, illustrative of the serious decline of the economic condition of the country. Myanmar is in desperate need of funding to continue CDM and other projects directly linked to the lives of Myanmar people.   Second, while more humanitarian aid is essential, ODA to the energy industries and infrastructure buildings that are related to the Tatmadaw should be suspended. China is by far the largest trade partner to Myanmar, accounting for one third of exports and imports from and to Myanmar. On the other hand, Japan and India are, respectively, the third and fourth largest partners that receive Myanmar’s exports. In terms of foreign investment, Singapore accounts for more than a quarter of the total, which has provided some leverage for Singapore. Since these goods are closely tied with ordinary people’s income, export reduction is not a good option. Instead, pulling the ODA card, with humanitarian aid out of the picture, can be coordinated among middle power donors.   Third, coordination regarding migration and refugee policy is necessary to cope with Myanmar students, workers, and residents who are already in their country. South Korea’s policy, which guaranteed Myanmar people’s safety by delaying their return to their home country depending on the political situation, could be a good model. This immigration policy has been in effect since March 15. They can also implement common travel bans and restrictions against military leaders and their families.   Fourth, it is reported that besides China, North Korea, and Russia, democracies such as India, Israel, the Philippines, and Ukraine sold arms to Myanmar. Asian democracies, at least temporarily, should cease the exports of military supplies and strictly control the exports of dual-use items. This, with no doubt, will eventually lead to imposing an international arms embargo on Myanmar. Concerted policies led by democratic countries will send a strong message to the military, condemning their violent suppression of peaceful protesters.   Multilateral options   First, ASEAN is the most relevant forum in resolving the Myanmar crisis since the Consensus is the only international document that the Myanmar military has committed to so far. Asian middle power democracies must support ASEAN to move forward and actually implement effective measures in the Consensus – i.e. selecting, sending, and administrating mediation by a special envoy and also guarantee humanitarian assistance. Support from regional middle power democracies such as South Korea, Japan, and India would certainly help when it is further backed up by China and the US.   Second, another way is to start from international human rights conventions which Myanmar is a state party to – International Covenant on Economic, Social, Cultural Rights (ICESCR), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Convention on the Rights of the Child (CRC), and Convention on the Rights of Persons with Disabilities (CRPD). The first starting point would be the 2012 ASEAN Human Rights Declaration. A commonality among regional and international conventions is their involvement of women and children. The proportion of women in the protests is high; the fact that there are women and child victims of violence is also appalling. The international society should eventually hold the military accountable for all atrocities committed either by using domestic measures like trials or truth commissions using universal jurisdiction or international measures like the International Criminal Court. However, the first criteria to examine should be what Myanmar itself has already committed to comply.   Third, the UNSC, the body with the most effective tool to address this issue, is in a gridlock due to China and Russia. So far, the UNSC has only issued a presidential press statement (February 4, 2021), a presidential statement (March 10, 2021), and a press element (April 1, 2021), which fall short of resolutions. Moreover, the content of these documents was disappointing as it not only lacked specific follow-up measures, but also did not specifically underline responsible parties and the nature of the political turmoil – i.e. the military coup. The UNSC also had an Arria-formula meeting on April 9, 2021 and several consultation meetings with experts and UN officials. Asia middle power democratic countries should press the UNSC for further action using other UN bodies such as the UN General Assembly or Human Rights Council (HRC).   4. Conclusion   Middle power democracies have been increasingly called upon to address their region’s democratic crisis and revamp global support for democracy using their comparative strengths.[6] The current crisis in Myanmar has more actively engaged Asian middle power democracies. Beyond the conventional ASEAN-led noninterventionist diplomacy, several non-ASEAN Asian countries like South Korea have taken unprecedentedly engaging measures. Above all, civil societies of Asian middle power democracies have shown moral and financial support to the CDM in Myanmar. There are unusually high levels of empathy and support for the restoration of democracy in Myanmar, placing increasing levels of pressure for their governments to engage in the region’s democratic crisis.   For now, the most pressing issue is how to sustain such governmental and civil society support and facilitate change towards a desirable democratic transition. First of all, Asian middle power democracies should seek solidarity with each other. When they know they are standing alongside like-minded countries in addressing the Myanmar crisis, they can create impacts through consultation and coordination. When individual countries’ responses are coordinated, the scale of their leverage can be strong enough to encourage change beyond the current stalemate. While strengthening ASEAN-led dialogues, Asian middle power democracies should also seek a series of Myanmar democracy campaigns using bigger platforms like the Asian Regional Forum or the European human rights organization, not to mention the UN and its agencies. Both the governments and civil societies of conventional roles of middle powers have been a facilitator, a mediator or an agenda setter in regional and global affairs. Asian middle power democracies have not accumulated such experiences compared to conventional Western middle powers.[7] However, Asian middle powers should take more bold actions at this urgent time to help the Myanmar people out of the crisis with resource power and committed democratic values.■      [1] For example, former Timor-Leste President J. Ramos-Horta addressed these points in his keynote speech at the ADRN Online Seminar “The Voice of Solidarity for the Restoration of Democracy in Myanmar” on April 29, 2021. (http://www.eai.or.kr/new/en/pub/view.asp?intSeq=20489&board=eng_multimedia&keyword_option=&keyword=&more=) [2] He expressed “deep concern (February 2),” “condemned the use of violence (February 28),” and said “deeply shocked… and strongly condemns the continuing brutal violence (March 28).” [3] Sahoo, Niranjan and Ichihara, Maiko. “The Quad Can End the Crisis in Myanmar,” Foreign Policy, March 18, 2021. [4] Paddock, Richard C. “General Who Led Myanmar’s Coup Joins Regional Talks on the Crisis,” New York Times, April 24, 2021. [5] Paris, Roland,. “Can Middle Powers Save the Liberal World Order?,” Chatham House Briefing, June 2019. [6] Kleinfeld, Rachel, et al. “How Middle-Power Democracies Can Help Renovate Global Democracy Support,” Carnegie Endowment for International Peace, February 4, 2021. [7] Lee, Sook Jong eds., Transforming Global Governance with Middle Power Diplomacy: South Korea’s Role in the 21st Century (Palgrave Macmillan US, 2016).     담당 및 편집: 이승연 EAI 연구보조원 문의: 02 2277 1683 (ext. 205) I [email protected]    

Hun Joon Kim, Sook Jong Lee 2021-05-20조회 : 12353
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[ADRN Working Paper] Pandemic Crisis and Democratic Governance in Sri Lanka

.a_wrap {font-size:16px; font-family:Nanum Gothic, Sans-serif, Arial; line-height:1.6em;} Editor’s note A national emergency such as the COVID-19 outbreak has urged the Sri Lankan government to pursue new paths in managing the pandemic. However, a series of worrisome developments following the implementation of new structures such as the National Operation Centre for the Prevention of COVID Outbreak (NOCPCO) and other “Presidential Task Forces,” with unclear mandates, have dawned upon the country. The Centre for Policy Alternatives, an independent, non-partisan organization in Sri Lanka explains how the COVID-19 pandemic has posed unprecedented challenges in Sri Lanka, with socio-political effects spanning far beyond the immediate public health and economic crises. The authors state that the political landscape formed following the COVID-19 pandemic has been conducive for democratic backsliding. The involvement of the military and former military officials in COVID-19 management has increased military control over the machinery at the expense of public servants. Sri Lanka was unable to hold elections. The legality of the island-wide lockdown was left unanswered. Political speech was increasingly limited and minorities were oppressed. With the aforementioned events and more unfolding in Sri Lanka upon the outbreak of COVID-19, de-democratization of the government accelerated, resulting in executive aggrandizement and a trend towards militarization. In this regard, the authors call for the government and civil societies to take action to prevent further democratic backsliding in Sri Lanka.     ※ 아래는 일부 내용을 발췌한 것입니다. 전문은 상단의 첨부파일을 확인하시길 바랍니다.   1. Challenges Posed by the Pandemic [1]   The pandemic has posed a number of unprecedented challenges in Sri Lanka, with socio-political effects spanning far beyond the immediate public health and economic crises. Given that the number of issues goes beyond what can be adequately analyzed in a single article, this working paper will focus primarily on an aspect of the pandemic crisis that has particular salience in Sri Lanka and from which lessons can be drawn for other countries in the region. Namely, the challenges to democracy that have emerged during the pandemic period. The paper will look at the ways in which the post-COVID-19 political landscape has been a conducive environment for democratic backsliding, focusing on the period between the beginning of the pandemic response in March 2020 until the time of writing in January 2021. It will look, in particular, at how the policy space opened up by the pandemic has created an ideal context for the acceleration of the processes of executive aggrandizement, militarization as well as the infringement of citizens’ civil liberties. Before discussing the democratic backsliding, the public health background against which it has taken place must be taken into consideration. When this paper was written, the number of cases per million of the population was lower in Sri Lanka than those in the rest of the South Asian region. However, the case rate has been rising rapidly since the beginning of the second wave that occurred in late September. As Figure 1 indicates, while Sri Lanka has not endured the kind of public health crises faced by many other countries in the region, the inability to contain the second wave meant that it has not been able to replicate the kind of success achieved by other Asian countries such as Taiwan, Thailand, Mongolia or South Korea.     Figure 1. Cumulative Confirmed COVID-19 Cases per Million People. Source: Roser et al. ‘Our World in Data’ (Accessed January 17, 2021) [2]   While initially, the crisis was more of an economic and political one rather than a public health crisis (to the extent that these crises can be separated), the trajectory of increasing cases may bring to the fore the issues in the capacity of the health sys-tem. With 80-90% of cases being asymptomatic, hospital infrastructure and human resources are able to manage the current caseload. However, if the rapid increase in cases continues, it might mean that further investment in hospital capacity may be required. [3] Stringent measures such as the imposition of an island-wide lockdown and restrictions on travel and social gathering account for the initial success in dealing with the first wave. However, these same measures were unable to contain the second wave, as the figures below show.   Figure 2.Daily New Confirmed COVID-19 Cases. Source: Roser et al ‘Our World in Data’ Accessed 17th January 2021 [4]   The Sri Lanka Government attempted to follow the Chinese model for its pandemic response by focusing on rigorous contact testing but did not prioritize the investment of developing testing capacities. For instance, PCR testing at the initial stages was limited to only test those who came in contact or were involved in identified case clusters, as opposed to random sampling within the population. This created problems down the line as the virus spread in areas outside the cluster cases and created difficulties for tracing the origin of new cases. In addition to the efforts required to manage the spread of the virus itself, the main challenge during the pandemic has been in dealing with the second-order effects of the lockdown and the measures put in place to curb the spread of the virus (the details of which shall be discussed in the following section). There has been a 27% decrease in average household income during the pandemic period.[5] Food consumption has also decreased by 30% during this time.[6] As such, the need for the provision of necessities, protecting employment, and providing financial relief has become a key challenge during the pandemic. ■   [1] Throughout the year, ADRN members will publish a total of three versions of the Pandemic Crisis and Democratic Governance in Asia Research to include any changes and updates in order to present timely information. The first and second parts will be publicized as a working paper and the third will be publicized as a special report. This working paper is part I of the research project. [2] Roser et al. “Coronavirus Pandemic (COVID-19).” OurWorldInData.org, 2020. https://ourworldindata.org/coronavirus. [3] “UN Advisory Paper: Immediate Socio-Economic Response to COVID-19 in Sri Lanka” United Nations Sri Lanka, July 2020, https://unsdg.un.org/sites/default/files/2020-07/LKA_Socioeconomic-Response-Plan_2020.pdf. [4] Roser et al “Coronavirus Pandemic (COVID-19).” OurWorldInData.org, 2020. https://ourworldindata.org/coronavirus. [5] Ibid. [6] Ibid.     The Centre for Policy Alternatives (CPA) is an independent, non-partisan organization that focuses primarily on issues of governance and conflict resolution. Formed in 1996 in the firm belief that the vital contribution of civil society to the public policy debate is in need of strengthening, CPA is committed to programs of research and advocacy through which public policy is critiqued, alternatives identified, and disseminated.   담당 및 편집: 백진경 EAI 연구실장 문의: 02 2277 1683 (ext. 209) I [email protected]  

Centre for Policy Alternatives 2021-05-03조회 : 8886
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[ADRN Working Paper] Crises in Nepal: Rise of the Pandemic and the Rise of Threat to Governance

.a_wrap {font-size:16px; font-family:Nanum Gothic, Sans-serif, Arial; line-height:1.6em;} Editor’s note While all, if not most, countries have experienced severe repercussions from the COVID-19 pandemic, some countries have taken it harder than others. Nepal is no exception. Pradip Pariyar, Executive Chairperson of Samata Foundation, states that Nepal’s management of COVID-19 could have been enhanced if proper policies were implemented and safety protocols were monitored. The author claims that Nepal increasingly appears to be governed based on exclusion and intolerance, given the disproportionate provision of COVID-19 relief materials and other discriminatory measures. Additionally, low-income groups such as construction workers, daily waged factory workers, small shop owners, and street vendors have been hit harder than others. Dissatisfaction and loss of faith in the government prevail among the Nepali people who have been socio-economically impacted by inadequate government response. Not to mention, the author adds that insufficient research laboratories and medical personnel have exacerbated the containment of pandemic-related issues. With no concrete measures yet to fight against the national emergency, Pradip Pariyar posits that the government should prohibit mass gatherings, enforce safety protocols, and compensate vulnerable communities and frontline medical personnel.     ※ 아래는 일부 내용을 발췌한 것입니다. 전문은 상단의 첨부파일을 확인하시길 바랍니다.   Introduction[1]   The COVID-19 pandemic has greatly affected countries all around the world. Some countries like China, New Zealand, and Denmark have persevered well through the pandemic whereas many big countries including the USA, UK, India, and Brazil are continuing to struggle to overcome it. In countries like North Korea, Saudi Arabia, and Senegal the government has taken stringent steps to battle the pandemic, and the public has fully supported the measures taken by the state. From the cases of countries like the USA and the UK, it is evident that government effort cannot mitigate the effects of the pandemic; the role of public support is equally imperative. During the peak state of the pandemic, when neighboring giants like China and India were developing vaccines for mass inoculation, Nepal was dealing with an internal feud among politicians. The first case in Nepal, confirmed only on January 23, 2020, was a 31-year-old student who had returned to Kathmandu from Wuhan on the 9th of January. As of January 21, 2021, the total infected cases amounted to 268,310, and the fatality from the virus was recorded to be 1,975 people. This number could have been largely controlled if proper policies were implemented and safety protocols were monitored. The Nepal government started losing its credibility as it failed to implement measures effectively, compensate victims, and got involved in power politics and corruption. Nepal has faced many issues on governance that have led to the current vulnerable state of Nepal that is unable to control the pandemic. ■       [1] Throughout the year, ADRN members will publish a total of three versions of the Pandemic Crisis and Democratic Governance in Asia Research to include any changes and updates in order to present timely information. The first and second parts will be publicized as a working paper and the third will be publicized as a special report. This working paper is part I of the research project.     Pradip Pariyar is Executive Chairperson of Samata Foundation. Mr. Pradip Pariyar is an alumnus of American University and Tribhuvan University. He specializes in youth empowerment, peace building and capacity building of media professionals. As the elected president of the Association of Youth Organizations Nepal (AYON), he worked closely with government of Nepal to initiate a youth-responsive budget. He was a member of the government task force that developed Youth Vision 2025: a 10-year national youth development policy. He has trained thousands of youths globally on leadership, peace building, and conflict-sensitive journalism. He founded the Nepal Youth Forum to focus on policy advocacy, awareness, and youth empowerment. In 2011, Mr. Pariyar was selected as a youth fellow by the International Monetary Fund and the World Bank. He received ‘Asia’s 21 Young Leaders Award’ in 2018 by Asia Society. Mr. Pariyar also serves as the chairperson of the Nepal Policy Center, a youth-led think tank. In 2015, he received the Youth Leadership Award from the Nepali Government’s Ministry of Youth and Sports for his decade-long contribution to youth leadership development across Nepal. Traveling throughout the length and breadth of Nepal, Mr. Pariyar witnessed diverse cultures and had encounters with his socially offended country people have invigorated his dream fuelled by the unholy dogma of casteism. He dreams of a just Nepal; a cohesive society where an individual’s potential, competence, edification and hard slog define a person rather than his/her status.   담당 및 편집: 백진경 EAI 연구실장 문의: 02 2277 1683 (ext. 209) I [email protected]  

Pradip Pariyar 2021-05-03조회 : 17726