Malaysia’s Chairmanship and Civil Society Engagement in ASEAN

January 27, 2015/in ASEAN Notes/by aseansc

Malaysia Prime Minister’s Palace

Ahmad Rizky M. Umar, Researcher, ASEAN Studies Centre, Universitas Gadjah Mada, Indonesia

As Myanmar’s chairmanship in ASEAN will be ended this year, we are now looking forward to transfer the chairmanship to Malaysia next year. Malaysia will host ASEAN Summit as well as most of regional forum in ASEAN.

In line with the ‘formal’ processes, Malaysia will also host the annual ASEAN People’s Forum/ASEAN Civil Society Conference (APF/ACSC). In this forum, many civil society organisation will gather, discuss, and announce their positions on emerging regional issues in Southeast Asia, including ASEAN.

Nect year’s ASEAN People Forum will be important for two reasons. First, we are getting closer to ASEAN Community, which will be established by 2015. The forum will determine how ASEAN civil society consolidate themselves to respond the upcoming ASEAN Community.

Second, this forum is important to prove whether ASEAN can be a ‘people-oriented’ organisation, as recently acclaimed by the Charter since 2007. If ASEAN want to be consistent with this jargon, it should be able to connect its people with the state and widening participation from grass-roots in the formal decision-making processes.

Since 2003, ASEAN has been institutionalised into a more complex form of regionalism. There has been three community inside ASEAN, which are aimed to be established by 2015 –ASEAN Political Security Community, ASEAN Economic Community, and ASEAN Socio-Cultural Community.

From year to year, the institutionalisation is getting more complex. For example, ASEAN has made a new regional Human Rights regime with the establishment of ASEAN Intergovernmental Commission on Human Rights (AICHR) and ASEAN Human Rights Declaration. This similar trend has also happens in other sectors, particularly in economic sectors.

However, in the other side, recent institutionalisations in ASEAN have also created a bureaucratic-technocratic tendency within the Association, particularly in the form of ASEAN Secretariat. Within this institution, ASEAN decision-making process is incorporated in a bureaucratic platform, which leaves only a little room for people’s participation.

This phenomenon leaves a critical question: is there any room for civil society to participate and getting involved in ASEAN decision-making process? If ASEAN is acclaimed as ‘people-oriented’ organisation, how ‘people-oriented’ is it in terms of people’s participation?

The ‘people-oriented ASEAN’ will be proven true if it open chances to speak, participate in decision-making process. In terms of participation, we have to consider participation not only in terms of ‘formal’ or ‘instituionalized’ participation, but also how the ‘subaltern’ –those who are marginalized and not able to politically express themselves— speak.

As we are getting nearer with the upcoming ASEAN Community, which is aimed at gathering all Southeast Asian countries to a ‘people-oriented’ regionalism, this problem should be taken into account. Without creating spaces for any interest group to speak, we will only have an ‘elite-driven’ ASEAN which is, of course, not ‘people-oriented’ at all.

The ASEAN People Forum (formerly ASEAN Civil Society Conference), which is held annually as side programs of the Summit, can be an alternative room for the people to speak. Firstly launched in 2005, this forum was organised by Non-Governmental Organisations under SAPA to create a new ‘alternative regionalism’ in Southeast Asia (Chandra, 2009).

At the beginning, the Conference has been greeted by ASEAN Leaders. Malaysia, as the host of ASEAN Summit 2005, facilitated the forum in Universiti Teknologi Mara and invited the Conference’s representative to the Summit to present the result before the Summit. It was a good beginning.

However, as the time slowly passes by, relations between NGOs and ASEAN leaders weakened. There is still no room allocated for civil society to engage in decision-making process, particularly at the summit.

For example, as has been pointed out by Kelly Gerard (2014), several civil society organisations from Cambodia and Myanmar has been rejected by the government. Many decisions also ended up as policy recommendation, because there is no room for civil society’s representative to engage at the summit.

Thus, there has been a paradox. While ASEAN aims to create a ‘people-oriented ASEAN’, or, according to Amitav Acharya, ‘creating a participatory regionalism’, the decision making process at ASEAN itself has been closed for its society.

It becomes a main problem in ASEAN today. If we still want to build a ‘people-oriented’ ASEAN, the upcoming ASEAN People Forum should be able to deal with that. ASEAN People Forum cannot be a ‘talk shop’ anymore; the result should be progressive. I hereby proposed two steps to resolve the problems.

Firstly, making the ASEAN People Forum as a place for dialogue between the ASEAN Leaders and the ASEAN People –not only civil society, but also other interest group or minority entity in Southeast Asia. The organiser should invite the ASEAN Leaders –or high-ranking officials in ASEAN Secretariat—to make sure that the result of this forum is heard by ASEAN Elite Ranks.

Secondly, building some institutional hubs to accommodate people’s aspiration in ASEAN decision-making processes. The ASEAN People Forum is not enough to accommodate ASEAN People’s interest, so that it should be widened through the creation of an ASEAN Parliament, to make sure that the the people can speak and be represented in ASEAN.

Thus, we shall welcome Malaysia’s chairmanship in ASEAN with a homework to make sure that the ASEAN people, including the subalterns, can speak and be heard by ASEAN Leaders. This homework is left to the participant and should be advocated more seriously.

I believe that if ASEAN People Forum can be more inclusive and dialogic, the Forum will not be an annual ‘talk shop’ anymore; even we can optimistically see a more ‘people-oriented ASEAN’ in the future. However, to make it worth, the participant should be more aware with people’s participation in the upcoming ASEAN Community.

The ASEAN People Forum 2015 should deliver a message –that the ASEAN People wants to be heard in the upcoming ASEAN Community. Thus, let the ASEAN People speak in Malaysia next year!

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RELIGION: BOON OR BANE FOR DEMOCRACY?December 20, 2023 - 12:32 am
In December 2022, the Indonesian government passed a law that penalizes sex outside marriage. This is only one of the many changes in the criminal code that observers warn of the increasing conservatism in the country.

Indonesia houses the largest Muslim population in the world and is also a republic whose democratic experiences and milestones have been widely studied by scholars within and beyond the region. This makes Indonesia a compelling case for reflection on the nexus and tensions between religion and democracy. Is religion compatible with democracy? What opportunities and challenges does the “Islamic Renaissance” entail in the country? Democracy on Religion

Liberal democracy espouses secularism, the separation of church and state, and freedom of religion. In an “ideal” democratic system, the state must not endorse nor support any specific religion while guaranteeing the free exercise of religion among citizens. This is essential in a democracy for many reasons. Religious freedom is a crucial civil right that enhances citizens’ individuality and relations with others. It stops one religion from dominating society, hence promoting diversity and co-existence. At the same time, it prevents policies from being framed according to religious beliefs, which may result in discrimination and repression of fundamental human rights.

Religion and its Tensions with Democracy: The Case of Indonesia

This is particularly important for Indonesia. While the country is predominantly Muslim, Indonesia also has many ethnolinguistic groups with different cultures and practices. It is a challenge in itself to build one nation with an immensely heterogeneous society. The diversity in the country resulted in years of ethnic conflict and violence. Even a religious minority, the Ahmadiyya, faces intimidation and oppression in the exercise of their faith. Indonesia’s dilemma points to the longstanding debate in human rights discourse and practice – are human rights universal, or are they relative to culture and local customs? While I am more inclined to support the former, it is important to be aware and carefully consider the context of a country when designing human rights advocacy and interventions.

However imperfect, the democratization process in Indonesia has assisted in facilitating efforts for reconciliation and balancing competing interests in the country. Recently, the President stunned the world when he acknowledged past grave human rights abuses in the country, including an anti-communist purge in the ’60s and the arrest of democracy activists during the Suharto presidency.

Indonesia sits in between secularism and theocracy. The country’s fundamental law espouses Pancasila, which is the foundational political theory of Indonesia. Through its five principles, Indonesian society believes in one God and aspires to create a just and civilized humanity, unity, democracy, and social justice for all. This tells us that, by principle, Indonesia gives importance to pluralism and citizenship. Scholars and practitioners of the law also adopt legal pluralism and believe that different legal systems are complementary rather than contradictory. For example, community practices and customs are considered along with national and local regulations in settling disputes and conflicts at the village level.

However, in recent years, Indonesia has seen the expanding role of Islam in the country’s social and political life. Aside from Islam being a “source of ethical and cultural guidance”, many Islamic organizations have secured formal power, which allows them to easily introduce measures within the state apparatus that cement their own interests. Hardliner Islamic groups have also proliferated, and fundamentalist thought and practices are becoming more and more widespread. Islamic identity politics have also been evident since Widodo coalesced with conservative Islamic factions and appointed Amin, an influential Islamic figure, as his vice president. The new penal code tends to be more religious than secular. This has implications for Indonesia’s supposed secularism and diversity. How can the Indonesian government best represent the interests and aspirations of all?

As Indonesia continues to modernize and extend its economic and political ascendancy in the region, rapid changes in its social relations and dynamics are also expected. This demands a more careful look at the kind of laws and “social controls” that the government enforces. Suppose conservative forces are forwarding laws in the name of protecting tradition and keeping Indonesian values in check. In that case, it should not be at the expense of fundamental civil and political liberties, nor should it be to repress vulnerable groups even further, such as women, LGBT+, and ethnic communities. Admittedly, this is easier said than done. Hence, political representation must reflect the diversity and vibrance of Indonesian society. If only one group dominates political and policy discourse, it ultimately jeopardizes the general will.

When religion becomes the yardstick for crafting rules and policies, it creates biases, whether intended or not. Propositions that are credible and necessary but “contradictory” to a certain religion may be rejected simply because they do not fit the personal convictions of decision-makers. Integrating religion into politics usually leads to oppressive and harmful policymaking. Religion is also a form of heuristics or cognitive shortcut that devalues deliberation and discussion. Instead of scrutinizing issues, people may resort to using their religion as the sole basis for their position on a particular matter. Democracies ought to be deliberative and pluralistic.

Human rights activists and organizations in Indonesia have sounded the alarm on many changes in the criminal code that could stifle individual freedoms and lead to setbacks in the country’s democratic progress. Aside from banning sex outside marriage, the government also reinstated laws that criminalize insulting the President and other state officials and institutions. They also increased the punishment for blasphemy. These laws can be disproportionately used against individuals and groups with legitimate criticisms and concerns about the government. It may also render already marginalized communities even more vulnerable. Religion, Populism, and Repression

This trend is not only unique to Indonesia. Much of the world has seen the rise of “nationalist” movements, often within the pretext of religion and safeguarding culture. India’s Modi has exhibited Hindu nationalist tendencies, which have meant greater intolerance against the Muslim minority in the country. Myanmar’s Tatmadaw has weaponized Buddhism to rally support from the public and account for its atrocities.

The use of religion to justify repressive and oppressive regimes is apparent. Religion is an effective tool to unify a group of people and subject them to a specific set of beliefs and values, which may be highly prejudiced and absurd. Religion acts as a moral compass that defines what is right and what is wrong. Because religion is subjective, it can easily be manipulated to serve political objectives. Populists and autocrats can bastardize religion to create a public enemy, instill an “us vs them” mentality, and sow further polarization.

Failed democracies thrive out of fear, whether it is real or manufactured. Religion can be a potent force to ingrain this fear. This hysteria against change and modernization is easy to whip up when people already have preexisting beliefs. It is not too difficult to segregate people and label them as the “other”. When this distinction is entrenched, it is convenient to normalize discrimination and violence.

It is said that Indonesia is a model for “Moderate Islam” when compared to the Middle East; the “Indonesian way” can complement Western values and democracy. It also has the potential to correct Islamophobia and promote Islam as a religion of peace. On the other hand, if Indonesia cannot find its balance and condone fundamentalist and hardliner Islamic groups to flourish, Indonesia will certainly regress in its hard-won democratic gains.

Religion has inherent contradictions with democracy. Subscribing to a religion and structuring a supposedly diverse society using its tenets is monopolistic and can bring about intolerance. It is paramount for democracies to ensure that civil, political, and socioeconomic rights are not deprived based on religion and other forms of cleavages. The access and exercise of power should be as widely distributed as possible. Public office should not be limited to certain political clans or religious organizations. For instance, at the village level, cultural and socioeconomic elites must share power and administration with vulnerable and historically marginalized groups. There are more reasons and illustrative cases, present and past, to posit that religion is more of a bane than a boon to democracy. At the moment in world history when (dis)information is fast and instant, we must maintain vigilance in dealing with autocratic agendas in the guise of “respecting” values and tradition. It is easier to believe and conform than to reflect and deliberate. But democracy dies when we rely on shortcuts to define what is good for us. Democracy dies, slowly and deliberately, when we allow a few to sabotage our freedoms and liberties to increase their own. Demagogues and despots are usually cunning and do things “in the name of God”.

REFERENCES

Evans, M. S. (2014). Religion and political decision making. Journal for the Scientific Study of Religion, 53(1), 145–163. http://doi:10.1111/jssr.12088

Evans, T. (2012). Separation of Mosque and State in Indonesia. Policy, 27(4), 35–39.

Głodek, A., & Grzywacz, A. (2020). Indonesia – between religion and democracy, Warsaw: Boym Institute. Retrieved from https://instytutboyma.org/en/indonesia-between-religion-and-democracy

Jaffrey, S. (2020). Is Indonesia Becoming a Two-Tier Democracy?, Washington D.C.: Carnegie Endowment for International Peace.

Jamaluddin, M., Chen, H. & Watson, A. (2022). Indonesia bans sex outside marriage as parliament passes sweeping new criminal code, Jakarta: CNN.

Klinken, G. v. (2019). Living in a Sacred Cosmos: Indonesia and the Future of Islam. Journal of the Humanities and Social Sciences of Southeast Asia, 175(1), 81–135. http://doi:10.1111/jssr.12088

McWilliams, E. (2018). Democracy in Indonesia: A Progress Report, Washington D.C.: The Foreign Service Journal.

Nagda, A. (2020). The Diplomat. [Online] Available at: https://thediplomat.com/2020/03/the-islamization-of-indonesias-foreign-policy/

Omelicheva, M. & Ahmed, R. (2018). Religion and politics: examining the impact of faith on political participation. Religion, State, and Society, 46(1), 4–25.

The World Factbook. (2023). Indonesia, s.l.: Central Intelligence Agency.

Wieringa, S. E. (2006). Islamization in Indonesia: Women Activists’ Discourses. Signs: Journal of Women in Culture and Society, 32 (1), 40–27.

Short Biography:

Kay Conales is a student of the Asia Pacific-Master of Arts in Human Rights and Democratization of the Institute of Human Rights and Peace Studies (IHRP) of Mahidol University (Thailand). She also studied in the Faculty of Social and Political Sciences (FISIPOL) of APMA’s partner-university Universitas Gadjah Mada (Indonesia). She can be reached through e-mail at ksconales@gmail.com.

Malaysia’s Chairmanship and Civil Society Engagement in ASEAN

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