ASEAN AND THE UN PEACEKEEPING OPERATIONS – International Day of UN Peacekeepers

Photo by Indonesian Mission UN @indonesiaunny Twitter

Kevin Iskandar Putra

May 29th 2018 remarks the 70th Years of Service and Sacrifice of the UN Peacekeepers. Through the General Assembly Resolution 57/129 on the report of the Special Political and Decolonization Committee (Fourth Committee) adopted in its fifty-seventh session held 24 February 2003, the international community decided to dedicate one day to commemorate and honor the dedication and contribution of the UN blue helmet as a front line to ensure international peace and stability. These blue helmets were first deployed by the UN Security Council to ensure the monitoring process of the Israeli-Arab Countries Armistice Agreement on 29 May 1948.

As recorded by the United Nations, 3,700 UN peacekeepers have lost their lives in the battlefield since 1948. This number includes 134 in the year 2017. The UN Charter Chapter VIII governs the Regional Arrangements, asserting that “the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action”. However, the utilization of such regional arrangements could also be taken with the authorization of the UNSC, according to the Article 53 (1) of the chapter.

Since its establishment in 1957, ASEAN, as a regional inter-governmental organization has been contributed greatly to the making of regional stability. The ASEAN Charter Article 1 (1), “to maintain and enhance peace, security and stability in the region” reflects a commitment made to contribute to the making of the UN Charter Art. 1 (1) to maintain international peace and security. Political-security cooperation ensuring peace and security, embedded in the Plan of Action of ASEAN and the UN (2016 – 2020) 1.1.4., emphasizes the intention to further cooperate with the UN to provide continued training assistance in peacekeeping to ASEAN, including training in humanitarian affairs and civil-military coordination, gender issues such as the role of women peacekeepers, health, safety and security arrangements, and support ASEAN’s efforts in strengthening the ASEAN Peacekeeping Centers Network, including through the sharing of lessons learned, best practices and capacity building.

Table 1: Contributors to UN Peacekeeping Operations by Country and Post
Police, UN Military Experts on Mission, Staff Officers and Troop (31/03/2018)

Country Police UNMEM Troops Staff Officers Total
Brunei Darussalam 0 0 30 0 30
Cambodia 0 6 769 14 789
Indonesia 175 30 2,445 45 2,695
Laos
Malaysia 20 10 818 17 865
Myanmar 0 0 0 2 2
Philippines 0 10 0 0 10
Singapore
Thailand 8 9 0 5 22
Viet Nam 0 3 0 5 8
Grand Total ASEAN 203 68 4062 88 4421
Grand Total World 10,679 1,316 77,145 1,918 91,058
Proportion 1.2 % 5 % 5 % 4.5 % 4.8 %

To date, ASEAN countries have contributed to peacekeeping missions that include police, UN Military Experts on Mission, Staff Officers and Troops. Per March 2018, the number of personnel deployed by ASEAN accounts up to 4,419 personnel to the UN PKO with 4,239 male and 180 female personnel. In this regard, Indonesia, Cambodia and Malaysia are the largest contributing countries measured by the number of mission and post. Such number shows the huge gap between men and women peacekeepers. The total number of the male peacekeepers are also significantly higher than that of female peacekeepers, comprising 86,723 men and 4,335 women.

Gender disparity in UNPKO is problematic because the role of women, in this regards, has not yet been considered seriously in peacekeeping process. As matter of fact, women in peacekeeping operations contribute positively to improve intelligence-gathering, deconstructing cultural and social biases in some conflicting areas, as well as breaking down the gender-based violence and exploitation. The milestones for women in PKO could be seen from the story where Major General Kristin Lund of Norway was deployed to Cyprus as the first female to serve as Force Commander in UN PKO; Gladys Ngwepekeum Nkeh in the Central African Republic, as well as Major Bettina Stelzer’s in South Sudan.

Increasing the deployment of women is an important agenda for the United Nations. It is believed that by incorporating women in peacekeeping operations the key to reduce the root causes of sexual exploitation and abuse by UN forces will be found. Based on Operational Effect and Women Peacekeepers: Addressing the Gender Imbalance (as of 30 March 2018) countries in ASEAN that have contributed to 14% or more women peacekeepers are only Philippines and Thailand.  Viet Nam, Cambodia, and Indonesia belong to the countries with 0.1% or more contribution of women peacekeeping. Whereas, Malaysia, Myanmar, Brunei Darussalam are countries in ASEAN that do not contribute to women peacekeeping.

Initially, the agenda to reduce the gender gap in women peacekeepers was mentioned in the reports by the former Secretary-General Kofi Annan Bulletin 2003 and the Zeid Report, A Comprehensive Strategy to Eliminate Future Sexual Exploitation and Abuse in the United Nations Peacekeeping Operations, published by the UN High Commissioner for Human Rights.

Despite the contributions of Indonesia, Malaysia, and Cambodia, ASEAN is nowhere near to be a model for a regional organization that is significant in its contribution to the peacekeeping mission. In order to go to that direction, countries such as Singapore and Laos should be encouraged to submit their report on their contribution in Peacekeeping Operation to evaluate their supports in terms of human resources and funding.

Indonesia, through its Foreign Minister Retno L. P. Marsudi has pledged to send four thousand peacekeeping troops to overseas UN missions by 2019. This reflects that another effort to improve the role of one ASEAN country is in the making. However, this would not constitute as a large contribution if other  ASEAN countries has no willingness to follow Indonesia’s effort to increase its contribution to the peacekeeping mission.

In line with the expected role of PKO such as to monitor the peace process in two disputing parties, ceasefires and the withdrawal of troops to reduce the tensions and prevent the recurrence of hostilities, ASEAN should also give its paramount focus in the maintenance of international peace and security. Should the international community aim to realize its vision towards stability, a greater commitment should be put in the conflict prevention, cooperation with regional body like ASEAN, as well as allocating more money to fund and deploy peace mission. These collective efforts combined will reflect the efforts to materialize the three pillars of the UN systems, namely peace and security, development, and human rights. The road towards stability will be a long and winding, but the gap towards its end-goal could be narrowed by shedding more lights in improving the effectiveness of the Peacekeeping Operations.

The writer is a Research Intern at the ASEAN Studies Center Universitas Gadjah Mada

Indonesia should partner with NGOs to protect unaccompanied child refugees

Among more than 3,700 child refugees in Indonesia, close to 500 are unaccompanied minors.

Many have no access to formal education and health care. They have to go through the procedures to process their asylum claims without a guardian or legal aid to help them.

Only a few countries, such as Australia and the United States, accept child refugees without guardians. So most unaccompanied child refugees have to wait in transit countries until they are 18 years old before they can be resettled.

Because of these circumstances, these children are considered the most vulnerable among the refugees. The Indonesian government should do more to protect unaccompanied child refugees in Indonesia.

In recent years a number of NGOs have provided services for child refugees. The government should consider partnering these organisations to uphold child refugees’ rights to protection.

Unaccompanied minors in Indonesia

Indonesia’s 2016 refugee decree makes explicit the duty to rescue, evacuate, monitor, register and accommodate refugees. For example, if asylum seekers reach Indonesian waters by boat, the government must rescue them.

However, none of the decree’s provisions provides specific rights for refugees post-evacuation nor does it specify the rights of child refugees.

As a result, many asylum seekers and refugees in Indonesia live with very little means while waiting to be resettled, as they are prohibited from working and earning an income. Child refugees face the same hardship and, worse, they are prone to being abused.

In Indonesia, the Law on Child Protection Instrument (Law No. 35/2014) protects children. But it does not extend to child refugees because of their immigration status.

While the refugee decree and child protection law in Indonesia do not provide specific rights for child refugees, the United Nations Convention on the Rights of the Child (CRoC) does. Indonesia ratified the convention in 1990 through a presidential decree that provides a specialised obligation on the subject matter.

Article 22(1) of the CRoC stipulates that child refugees are entitled to:

receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments.

The convention applies to both nationals and non-nationals. Further, the UN Committee on the Rights of the Child interprets that all of the convention’s provisions shall apply to children irrespective of their nationality, immigration status or statelessness and not limited to citizens of a state party.

What is urgently needed for unaccompanied child refugees is prompt appointment of guardians to provide legal advice in claiming the rights of the children in compliance with the principle of the “best interest of the child”.

For example, in the European Union, a legal guardian is appointed to represent the child in legal proceedings, take care of the child’s finances and promote the child’s well-being to the government. The guardian, therefore, should have expertise in childcare and is responsible for helping the children with the administrative and or judicial procedures of asylum claims until they turn 18.

The protection gap

Unaccompanied child refugees in Indonesia do not enjoy the rights they are entitled to under CRoC. In January 2017, 91 of 471 unaccompanied minors in total were detained by the immigration authorities.

The child refugee in detention faces worse conditions than children convicted of criminal activities. Convicted children in Indonesia are entitled to exclusive detention treatment at the Children Special Construction Agency (LPKA) or Juvenile Detention Centres (LAPAS) in cases where LPKA is absent. These centres provide them with formal education, skills training and coaching.

Due to their immigration status, child refugees are treated as adult refugees. They are kept in the same detention centres with unrelated adults.

This makes them prone to abusive treatment and sexual assault. Under Indonesian immigration policy they can be detained for up to ten years without any judicial review.

And instead of providing these children with guardianship and legal representation to “promote physical and psychological recovery” in detention, some immigration authorities have been involved in abusing children.

Partnering with NGOs for a rights-based treatment

In recent years, a number of NGOs in Indonesia have started to work on child refugee issues.

Some of them, such as Cisarua Refugee Learning Center and Roshan Learning, pay more attention to educational care and vocational training to provide children with soft skills. The Sunrise Refugee Learning Center of Sandya Institute in Jakarta offers various language, computer, arts, legal, cultural and entrepreneurial classes to refugees. At present, 15 of the total 75 registered students are underage children.

Others, like SUAKA and JRS, provide free legal assistance, but not solely to child refugees.

Church World Service, an NGO that has advocated for an alternative to detention, has been sheltering more than 80 unaccompanied minors in Indonesia.

The increasing attention from civil society organisations on the need for a rights-based treatment of unaccompanied refugee children is an opportunity for the Indonesian government to partner with them in fulfilling its human rights obligations to unaccompanied minors.

The UNHCR, in its Guidelines on Policies and Procedures in dealing with Unaccompanied Children Seeking Asylum, recommended that “an independent and formally accredited organisation be identified/established in each country, which will appoint a guardian or adviser as soon as the unaccompanied child is identified”.

Indonesia could delegate its responsibility to ensure protection for unaccompanied child refugees by partnering with NGOs that have been licensed under the Ministry of Law and Human Rights. Through this partnership, these NGOs could seek experienced legal professionals, provide them with necessary training in childcare and assign them as legal guardians.

In this way, Indonesia can meet some parts of its obligations and at the same time place the principle of the “best interest of the child” at the forefront of its refugee management by ensuring unaccompanied child refugees are treated according to humanitarian principles.

Dio Herdiawan Tobing, Research Associate at the ASEAN Studies Center, Universitas Gadjah Mada

Sumber asli artikel ini dari The Conversation. Baca artikel sumber.

Indonesian Foreign Policy under Three Years of Jokowi’s Administration

Siti Widyastuti Noor

October 2017, marked the third year of administration for Indonesian President Joko “Jokowi’ Widodo. In the beginning of his administration, Jokowi announced the nine prioritized agendas as Nawa Cita, a program that was initiated as an effort to bring Indonesia into a politically sovereign state, economically independent and cultural personality as a state.

In order to realize the spirit of Nawa Cita, the Indonesian Ministry of Foreign Affairs formulates three priorities of foreign policy, namely: safeguarding Indonesian sovereignty, enhancing the protection of Indonesian citizens and intensifying economic diplomacy.

Meanwhile, Dino Patti Djalal, former Deputy Minister of Foreign Affairs of the Republic of Indonesia, notes that at the beginning of Jokowi’s administration, more attention is paid to the domestic affairs, whose policies tend to be inward-looking, as reflected in his focus on developing national infrastructure. There are 225 projects on a national infrastructure based on President Regulation no. 3 years 2016. The project was later improved to as 248 projects based on the President Regulation no. 58 of 2017. This national infrastructure project is one of the highlighted projects at its disposal in order to improve inter-regional ties and as an effort to reduce the gap between eastern and western parts of Indonesia.

A Retreat from Multilateralism

Observing the dynamics of foreign policy for 3 years administration, Jokowi is more likely to emphasize on consolidation at the national level compared with foreign policy of his predecessor, Susilo Bambang Yudhoyono (SBY) which emphasized more on a free and active engagement on multilateralism with an outward-looking policy, “a thousand friends, zero enemy”.

Jokowi is more of a domestic reformer when compared to SBY is actively promoting foreign policy as the spotlight of his government. The most noticeable manifestation of differences is Indonesia’s retreat from multilateralism, which is demonstrated by Indonesia’s inactivity to participate in multilateral forums, particularly ASEAN. He missed three opportunities to present as head of state at the United Nations General Assembly and also in the Developing Eight High-Level Meeting in Istanbul.

Although the domestic development agenda progressed significantly, it should be understood that the success of the foreign policy is also capable of affecting the domestic agenda and the Indonesian people. Jokowi’s foreign policy outlook is considered to be a loss to Indonesia’s position as a leading country in ASEAN that might also have an impact on the regional integration agenda.

In addition, many consider that Indonesia’s withdrawal from Multilateral Forum eliminates the opportunity of Indonesia to participate actively in promoting important issues of concern to Indonesia to other countries, as well as undermining Indonesia’s position as a non-permanent member of UNSC candidate.

Jokowi’s Economic Diplomacy

As one of the focus of his policy, Jokowi plays a significant role to enhance the economic diplomacy. Priorities on the economy are defined in the Strategic Plan of Ministry of Foreign Policy 2015-2019 as the utilization of international politics to achieve the national development target.

One of the policies is the diversification of export market. For most of the time, Indonesia is focusing its export activities on traditional export destination countries, such as United States, China, or European market. Under Jokowi, significant changes can be found from a widening and diverse export destination countries, as Indonesia starts to established economic relations with the Middle East, Latin America, and African countries, such as Chile, Turkey, Egypt, Niger and some other countries. This move resulted in a more positive impact on Indonesia’s export and the surplus of trade balance. According to the data from Central Statistics Agency (BPS), Indonesia’s export in the January-September 2017 period reached $123.36 billion.

Indonesia and ASEAN

As a founding member and de facto leader of ASEAN for the great importance of ASEAN GDP and the largest population, Indonesia’s centrality in ASEAN is valuable. Although Indonesia’s participation in ASEAN is not as big and as large as ever, Indonesia still shows great concern and active participation in the Rohingya refugee story. Recently, the latest issue of human rights issues in Rakhine State, Myanmar, Indonesia, through the Minister of Foreign Affairs visited Myanmar for a bilateral meeting to discuss the issue in Rohingya. This method became effective because it later became one of the ways to attract the Government of Myanmar and humanitarian aid humanitarian aid in the form of daily necessities, set up six elementary school buildings, and one hospital.

In recent news, Jokowi is reportedly sending aid to Rohingya refugees through the ASEAN instruments. The Foreign Ministry’s efforts to approach the Myanmar government and encourage ASEAN Member Countries to provide humanitarian assistance through the ASEAN Humanitarian Assistance Coordinating Center for Disaster Management (AHA Center) is a sign that Indonesia under Jokowi’s government still values ​​geopolitics and relations among ASEAN countries.

Despite of the hard work of the government to introduce the new approaches and development priorities, it is important for Indonesia to continue paying attention to the regional and international cooperation that has been built since the previous presidency, as a form of active participation and fulfillment of Indonesia’s role in international level.

The ASEAN Enhanced Disputes Settlement Mechanism (EDSM): Functional for Economic Growth or Protecting National Sovereignty?

Suraj Shah

As the ASEAN Economic Community (AEC) seeks to deepen regional economic integration, the Enhanced Dispute Settlement Mechanism must avoid politicisation to optimise successful integration and economic development in the region.

Dispute Settlement Mechanisms (DSM) are fundamental features of economic institutions to ensure optimal outcomes. Governments include DSMs in international institutions to address collaboration problems and enhance the credibility of commitments, through exposing free riding, ascertaining violations and penalizing non-compliance. Economic actors need dispute settlement to be effective, even if not necessarily used, so that they know economic bargains will be honored.

However, in ASEAN, the EDSM suffers from fatal flaws. Fundamentally, a functional DSM that disciplines members who renegade on agreements is incompatible with the ‘ASEAN Way’, particularly given the norms of non-criticism and non-interference. Thus, the institutional outcome of the EDSM is structurally weak in that its instruments reflect the preference for protecting national sovereignty, and is essentially voluntary.

To establish credibility, one can either centralise regulations and institutions, such as the European Union, with a credible threat of referral to the European Court of Justice, or create a legal certainty about the extent of liberalisation with precision from the outset, such as NAFTA, together with the public and private instruments to defends one’s economic rights.

The ASEAN DSM has been active since the 1992 AFTA. Moreover, since the launch of the AEC, ASEAN has sought to enhance the DSM. The Protocol to the ASEAN Charter on Dispute Settlement Mechanisms was signed in April 2010, providing greater definition to the original DSM, known as the Enhanced Dispute Settlement Mechanism (EDSM).

The ASEAN’s EDSM is modeled on the WTO Dispute Settlement Understanding (DSU), of which all ASEAN members already subscribe to. This includes panels of independents, an appellate body, strict timelines and options for sanctions. However, ASEAN’s EDSM model suffers from practical flaws. The timelines adopted are even more expedited than the WTO DSU, by adopting half the time, which the WTO itself has difficulty following.

Furthermore, the ASEAN Secretariat is tasked to support the EDSM process with administrative and logistical support, yet has inadequate funding and legal expertise allocated to the EDSM process. Additionally, state-induced dispute settlement does not specify the remedy for found violations.

Thus, the EDSM establishes a dispute resolution procedure that cannot practically be followed. This structural weakness means that the EDSM has never been invoked.

Indeed, members favour using the WTO DSU rather than EDSM to resolve disputes, to avoid violating the norms of the ‘ASEAN Way’. For example, in Thailand’s dispute with the Philippines on Customs and Fiscal Measures on Cigarettes in July 2016, the WTO DSU was used, as it was seen as strategically less confrontational and would save face among ASEAN members by allowing third parties outside of the region to participate. Additionally, the WTO DSU was seen to give a more favorable outcome, given that the ASEAN EDSM is untested.

Moreover, effective dispute settlement mechanisms must be independent, yet, EDSM suffers from politicisation. The EDSM recognizes a variety of dispute settlement methods, ranging from ‘dialogue, consultation, and negotiation’, reference of ‘unresolved’ disputes to the ASEAN Summit, to the highest political decision-making body. However, it is possible under the current language of the ASEAN Charter, for an ASEAN member to refuse cooperation with the EDSM in the panel process or compliance proceedings, and thereby create an ‘unresolved dispute’.

The EDSM stipulates that ‘unresolved disputes’ have to be adopted by ASEAN political organs such as the ASEAN Economic Ministers Meeting (AEM), where both parties are already represented. In this sense, dispute settlement becomes politicised rather than independent. Moreover, in light of ASEAN norms of the aversion of conflict, adjudication with political, rather than independent, approval means the EDSM will likely be avoided.

Furthermore, the EDSM only envisages participation by ASEAN member states and does not permit private entities or investors to participate in the adjudicatory process. This minimises the involvement of non-state actors by denying access, disallows domestic courts from seeking a preliminary ruling, and deprives adjudicators of the means to compel compliance.

Essentially, the norms of the ‘ASEAN Way’ result in the structural weakness of the ASEAN EDSM. The outcome is a state-controlled EDSM which is voluntary, as there is an opt-out from the institutions of dispute settlement which is functional for protecting national sovereignty. While this non-confrontational approach may be suitable for diplomacy, ASEAN EDSM decisions behind closed doors by bureaucrats or politicians are not suitable for market transactions where private decisions implying private money or private efforts are based on public obligations or rights.

In light of this, the ASEAN EDSM is unlikely to be functional for optimising ASEAN Economic Integration, nor economic development in the region more broadly. ASEAN must seek to depoliticize the Enhanced Disputes Settlement Mechanism and create an independent regulatory body, as it seeks to deepen regional economic integration through the ASEAN Economic Community.

Suraj Shah is a MSc from King’s College London and former visiting fellow of ASEAN Studies Center.

Indonesia Drags Its Feet on ASEAN Haze Treaty

Dio Herdiawan Tobing, Universitas Gadjah Mada

In May, I went with my research team to Palangka Raya, Central Kalimantan, one of Indonesia’s hotspots of land and forest fires.

We wanted to know how local administrations view an agreement between ASEAN countries on haze pollution that Indonesia ratified two years ago.

We were surprised to hear that the acting head of Central Kalimantan Environmental Agency, Humala Pontas, admitted he didn’t know much about the agreement. He asked:

What is contained in the agreement? Which part of haze does it regulate? Are there any provisions that contain economic or other means?

Here, as well as in other areas in Kalimantan, Sumatra and Papua, slash-and-burn methods are still commonly used to clear land for expansion of oil palm plantations. Palm oil is Indonesia’s top export.

Slash-and-burn is the cheapest and fastest way to prepare land for planting. But it produces haze that harms the health of humans and wildlife. Emissions from forest conversion in Indonesia contribute to global warming.

The smoke from burning doesn’t only affect the area where land is being cleared. It travels with the wind to neighbouring countries.

Response to haze crisis

In 2002, ASEAN members agreed on the ASEAN Agreement on Transboundary Haze Pollution (AATHP). This was a response to a haze crisis after huge forest fires in Indonesia between 1997 and 1998 created a thick smog across neighbouring countries.

At the time, fires burned some 45,000 square kilometres of forests in Kalimantan and Sumatra. The wind swept the acrid smoke across the region, polluting Brunei, Malaysia, Singapore and even Thailand.

The haze crisis happened in the midst of the devastating Asian Financial Crisis. The timing meant countries in the region struggled to cope with this disaster.

In 1998, Singapore’s minister for environment and health, Yeo Cheow Thong, stated:

A repeat of this disaster will surely aggravate the already bad regional economic situation.

Forest and land fires in Indonesia were leading factors why ASEAN countries formed the haze agreement. During the ministerial meeting in Bandar Seri Begawan, Brunei, in April 1998, ASEAN members blamed Indonesia for its land-clearing activities.

Hence, the 1997-1998 fires prompted ASEAN countries to try to overcome the economic and health impact of haze crisis together.

Slow implementation

It took 11 years after the treaty came into force for Indonesia to ratify the agreement in 2014. But two years in, Indonesia has yet to enact regulations at the national and local level.

Article 11 of the haze agreement obliged state parties, among others, to:

ensure that appropriate legislative, administrative and financial measures are taken to mobilise equipment, materials, human and financial resources required to respond to and mitigate the impact of land and/or forest fires and haze pollution arising from such fires.

During a closed interview with an expert staff of the Legislation Committee at Indonesia’s House of Representative (DPR), she, who requested to remain anonymous, admitted that the House still views additional regulations at the national and local level as unnecessary.

Lawmakers believed that national laws, such as the 2014 Law on Plantations and the 2009 Law on Environmental Protection and Management, were adequate, she said.

These laws do share the spirit of ASEAN’s zero-burning policy. The ASEAN haze treaty has a provision urging parties to prevent land-clearing using fire. The Indonesian laws mentioned above also prohibit land-clearing by burning.

But none of Indonesia’s national laws make special reference to haze or pollution resulting from slash-and-burn activities.

In fact, Indonesia does not categorise the spread of haze from forest burning as a disaster. For Indonesia, haze is merely a result of forest burning, especially when it’s man-made. Not categorising haze as a disaster prevents the country’s national and local disaster agencies from responding accordingly.

To implement the haze treaty, Indonesia could, for instance, legislate to expand the authority of the country’s Disaster Management Agency (BNPB) and local disaster management agencies at the provincial level to carry out activities to prevent and mitigate any transboundary haze crisis.

Currently, their mandate is limited to emergency preparedness. The local disaster relief fund can be used only when the haze status reaches “emergency standby” status. As a result, national and local disaster agencies cannot prevent and mitigate haze. They can only start work once there are already fires and haze.

Disjointed action

Within the Indonesian government, problems of commitment and co-ordination among agencies at the central and local level persist.

The Ministry of Environment and Forestry – the government body responsible for tackling threats to the environment – does not seem interested in enforcing the ASEAN haze agreement. It’s more focused on “project-based” action, such as distributing firefighting pump machines to the community.

It was the Ministry of Foreign Affairs, in charge of international agreements, that actively supported Indonesia’s ratification of the haze treaty.

As a consequence of the discord between the two ministries, two years into Indonesia’s ratification of the agreement, local administrations are still not aware of it.

What’s at stake?

If Indonesia maintains its non-compliant behavior, the regional community will continue to blame Indonesia for Southeast Asia’s haze problems. Previously, Indonesia’s non-ratification delayed the establishment of the ASEAN Co-ordination Centre for Haze

ASEAN has set a goal of a haze-free region by 2020. It may not achieve that goal if Indonesia does not not catch up. In a more general and long-term effect, Indonesia will lose its “natural leadership” position in ASEAN, as one of ASEAN’s founders and the largest economy in Southeast Asia.

It’s important to have a united approach between different government agencies for Indonesia to comply with the agreement.

The ConversationLocal administrations throughout Indonesia should be informed about the policy. Only this way can we ensure that policies are synchronised and implemented effectively at national and local level.

Dio Herdiawan Tobing, Research Associate at the ASEAN Studies Center, Universitas Gadjah Mada

Sumber asli artikel ini dari The Conversation. Baca artikel sumber.

Indonesia’s refugee policy – not ideal, but a step in the right direction

Dio Herdiawan Tobing

The Indonesian government needs to expand a presidential decree to protect refugees, by turning it into law. The definition the decree uses should also be broadened because it leaves out those fleeing disasters, instead referring only to those fleeing persecution.

In December 2016 president Joko Widodo filled a long legal vacuum by issuing a decree to ensure refugees not be arbitrarily expelled or returned to their country of origin.

Some researchers have criticised the decree for not doing enough to protect refugees. For example, Indonesia still hasn’t signed the 1951 Refugee Convention which outlines the rights of refugees and the obligations of governments to protect them.

The decree doesn’t set out ways that asylum seekers and refugees in Indonesia – some 13,800 people, mostly from Afghanistan and Myanmar – can be protected and settled in Indonesia through integration programs.

Nevertheless, this regulation shows a policy shift in Indonesia from a security approach that pays no regard to the safety of refugees into one that honours a customary international law obligation of non-refoulement, or not expelling or returning refugees.

Ignoring customary international law

Even though Indonesia is not a signatory to the 1951 Refugee Convention, its honour bound to the principle of non-refoulement. It’s considered a customary law that binds all countries, including those who are not signatory to the refugee convention. This means other countries observe it as law, even though its unofficial.

Violating this customary law would bring criticism and condemnation from other nations. Even now, the international community and civil society organisations have been pressuring the Indonesian government to sign the 1951 Refuge Convention.

Prior to the release of the decree, the Ministry of Law and Human Rights’ Directorate General of Immigration had been relying on their own standard operating procedures.

This directorate is the government lead in responding to refugee issues. Without any regulation on how to treat and manage refugees and asylum seekers, officials usually ignore the requests of refugees or detain those without UNHCR refugee identification cards. The immigration agency also does not differentiate between asylum seekers, refugees, or the stateless.

Without a UNHCR refugee identification card refugees are labelled illegal immigrants. And in order to get a UNHCR identification card, asylum seekers and refugees must go through a very long Refugee Status Determination (RSD) process. This process is a very exhausting, the waiting period alone for registration for a first interview ranges from 8 to 20 months.

The lack of action in relation to refugees was most evident during the Andaman Sea Crisiswhen thousands of Rohingya and Bangladeshis were languishing at sea off Indonesia’s northernmost province Aceh in 2015.

The governments of Indonesia, Malaysia and Thailand initially refused to save them. Only after local fishermen saved the adrift themselves did Indonesia and Malaysia give them shelter.

The next year, Indonesia reportedly towed a stranded migrant boat in Aceh back to sea. In any case, immigration authorities would arrest refugees entering Indonesian territory.

However, the Indonesian Foreign Affairs Ministry showed a different approach. The ministry, with its clear understanding of international treaties and laws, is more active in responding to refugees. For example, Indonesia’s foreign minister Retno Marsudi has sent humanitarian aid for the Rohingya refugees. She visited two refugee camps of Rohingyas in Ukhia of Cox’s Bazar, Bangladesh.

Shifting refugee policy

President Widodo’s decree shows the progress Indonesia has made in adhering to international refugee law. Indonesia now has clear leadership on how to treat refugees. This means the differences in perception and behaviour between ministries can now be avoided.

Through this decree, Indonesia has codified the principle of non-refoulement into its new policy. It also makes Indonesia a pioneer among transit countries in Southeast Asia in policymaking on refugee issues.

Indonesia, Malaysia and Thailand are the primary refugee transit countries in Southeast Asia. To this date, only Indonesia has formulated a decree on refugees.

As Indonesia begins to enforce this refugee decree, Indonesia should also promote the values enshrined, in the region. Through diplomacy and negotiation, this may be a step to realise a refugee framework in Southeast Asian region and especially in the Association of Southeast Asian Nations or ASEAN.

This article was firstly published on theconversation.com

 

Dio Herdiawan Tobing is our former Research Manager. Dio currently studying his LLM in Public International Law at Leiden University.

ASEAN After 50: Social Integration and the Challenges of New Geopolitics

 

Ahmad Rizky M. Umar and Karina Larasati B. Riyanto

What should ASEAN do in the next 50 years? For ASEAN, its survival for the last 50 years is a great achievement. Although some people said that ASEAN has undergone slow and steady development, its survival during the last 50 year has proved ASEAN’s resilience to political changes in global.

But could ASEAN survive for another 50 years? ASEAN Studies Center Universitas Gadjah Mada has presented a series of article on “ASEAN after 50”, which comprises reflections on what has ASEAN achieved in latest 50 years and what should be done in the future. Many authors shared optimism –alongside critical viewpoint—on the future of ASEAN.

Ahmad Rizky M. Umar kicked-off by arguing that the future ASEAN integration needs to move beyond political and economic integration. He suggests that ASEAN needs to take into account broader issues other than traditional free trade, security, or political integration issues. ASEAN needs to deal with oft-neglected issues such as Middle Income Trap, Sustainability, Human Rights, or Gender.

Suraj Shah, for example, argues that ASEAN needs to rethink its approach to development and industrial strategy in order to escape the Middle Income Trap. Economic integration attempt to pave the way for such initiative, but the perceived ASEAN way among the member states constrained the implementation.

Taking a more critical stance, Jakkrit Chuamuangphan calls ASEAN to pay more attention to Human Rights defender. The case of forced disappearances in many Southeast Asian states (most notably, the Sombhat case in Laos) should be tackled by ASEAN by functioning its Human Rights Commission, which has been established since 2009. Farieda Ilhami Zulaikha highlights the many languages of gender discrimination in the region, which ASEAN is still unable to respond with proper policy frameworks.

From a sustainability perspective, Ibnu Budiman reflects the need for ASEAN to rethink its approach to agricultural sector due to the danger of climate change. Moreover, he suggests that ASEAN should start to protect the rights of smallholder farmers through investing in climate action. A more participatory approach with farmers in each ASEAN member states is therefore necessary.

Dendy Raditya Atmosuwito raises more questions as to how we should reconsider ASEAN studies in the future, given the existing social and political challenges in the last 50 years. For example, as Dio H. Tobing has critically asked, is such notion like ASEAN Way –a perceived diplomatic culture among ASEAN member states based on non-intervention principle—still relevant in the future? The answer yes, given the historical importance of such norm in the past.

Nevertheless, according to Rifky Maulana Iqbal Taufik, ASEAN should also consider establishing a more complex form of collective identity to bring the idea of ASEAN Community ‘down to ordinary people’. This is where paradiplomacy is increasingly important for ASEAN. Ario Bimo Utomo explains that which the practice of diplomacy is not only dominated by the central government, but also the local government. This new framework should also be considered by ASEAN in the future. This necessitates further capacity development and inclusion of ‘good governance’ in ASEAN’s institutional design, according to Pinto Buana Putra.

In the end, the trend of Asian international politics in the 21st century shows geopolitical challenges that ASEAN cannot deny. The geopolitical context in Asia is changing. The rise of China after nearly forty years of reforms evokes the signs of uncertainty, security instability and also, expectation, within the region.
On the one hand, China’s presence as the new global economic force altered the direction of bilateral relations in Asia by reducing the dominance power and influence of the United States within the region. China rise to power succeeded in providing new nuances in regional cooperation including export activities of Southeast Asia countries. On the other hand, as suggested by many analysts, rising power usually emerges as revisionist rather than status quo powers or simply maintaining the balance of power. With China outgrowing as a regional power and on its way through the global stage, its opening up the possibility of creating a new order in the international system.

China’s economic ascent and therefore, military strengthening raises concerns about the possibility of war outbreak between the two great powers and the deteriorated conflict in the South China Sea, involving China and most of the ASEAN member states. As a matter of fact, what is seen to date, instead of peace and stability as promised, there is an increase of tension and China’s arrogance in securing its state’s interests.

Another challenge for ASEAN in this geopolitical shift is to maintain the neutrality and unity of ASEAN member states. It is worth noting, China’s growing economic relations with ASEAN member states is remarkable but the US is an irreplaceable element of regional balance because it is the US that has brought prosperity to the region. The competition of two or more great forces within the region has, indirectly, divided regions over different frontiers. With the faded unity among ASEAN member states, ASEAN has increasingly lost its relevance and power to act as a stabilizer between the competition of the two great powers.

The geopolitical shift and the rise of China are inevitable. To deal with this challenges, ASEAN needs to wisely benefit on the opportunities and fight against any possibilities that might deteriorate regional peace and stability. The generous goal of China in establishing Asia as an independent region should be put to good use.

This is where ASEAN needs to strengthen its cooperation with China as well as the other countries to counterweight China’s power in the region, as argued by Gabriel Lele,  ASEAN should not become a ‘passive actor’ in crafting cooperation with China. Rather, ASEAN should negotiate in many relevant aspects, one of which is the cooperation based on history past and similarity on culture.

 

*) Ahmad Rizky Mardhatillah Umar is the Executive Secretary of ASEAN Studies Center UGM and
Karina Larasati is a Researcher at ASEAN Studies Center UGM

ASEAN After 50: ASEAN and Good Governance

Pinto Buana Putra

ASEAN is a regional organization that is build to accelerate cooperation between member states in regional level. Within ASEAN there is no uniform political quality that would permit generalization about shared political values, culture, and institutions. There is no ASEAN analogy to the “social democracy” like the European integration. Instead, ASEAN is commonly known with the system of governance. Consensus-building and consultations are hallmarks of ASEAN decision-making. For example, in the case of promoting regional economic integration, ASEAN has been working closely with the private sector through mechanisms such as the ASEAN Chambers of Commerce and Industry, the ASEAN Business Forum and specialized or sectoral groups such as the ASEAN Federation of Mining Associations and the ASEAN Ship Owners Association, among others.

In social science, governance is not always about politics. According to Anne Mette Kjaer, Governance involves interaction between the formal institutions and those in civil society. Governance refers to a process whereby elements in society wield power, authority and influence and enact policies and decisions concerning public life and social upliftment. And today, governance has become an important subject among policymakers and mass media. In my opinion, governance is an institution and process by which state exercises its authority. And to make a “good” governance, it needs substanstial key.  

The key to establish a good governance in ASEAN is the leadership’s political will and political capacity. Political will is the conscious intention of leadership to act in a way conducive to good governance. While. The political capacity refers to leadership’s ability to move the political, bureaucratic, and military institutions of the state in the direction of good governance. An evaluation of the quality of governance is a relative judgement, but it is based on performance according to Weathherbee

In the scope of ASEAN, Singapore is one of the best example of good governance.  Prime Minister Goh Chok Tong in his speech said that good governance in Singapore was built on three interrelated factors: accountability and transparency, long-term social orientation, and social justice. Good governance is reflected in the policies that are formulated for a sustainable long term. The motto for state policy in this case is flexibility and adaptability in anticipation of pragmatic change.

H.E. Ong Keng Yong states that consensus-building and consultations are the hallmarks of ASEAN decision-making. For example, for the purpose of promoting regional economic integration, ASEAN has been working closely with the private sector through mechanisms such as the ASEAN Chambers of Commerce and Industry, the ASEAN Business Forum and specialized or sectoral groups such as the ASEAN Federation of Mining Associations and the ASEAN Ship Owners Association, among others.

Good governance in this term is not only about the output of policy, but also about the implementation of that policy. Policies are designed to meet the long-term good., therefore it requires

strong leadership with a vision and clear direction. For that, an independent, truthful and efficient civil service are important, which can be attained through good education, meritocracy, and incorruptibility. According to Asian Development Bank (ADB), good governance involves norms of behavior that help ensure that governments actually deliver to their citizens what they promise to deliver. This is the true meaning of good governance. These norms include accountability, transparency, participation and predictability. The fundamental underpinning for good governance is the rule of law. Only with the rule of law the other requisites such as accountability, incorruptibility, and transparency could be guaranteed.

Furthermore, the quality of governance must be followed by the quality of corruption counterwork. The costs of corruption in terms of good governance are too high. Corruption encourages inefficiencies in the allocation of scarce economic and social resources. In fact, according to Survey Global Corruption Report 2001 even Singapore which we point as a the best governance is not immune from corruption. Like other indicators of a poor quality of governance, the consequences of corruption are far more serious. In this case, ASEAN must take a strong position to fight against corruption in order to ensure that governance in ASEAN can be enhanced properly.

If this inadequacy continues, the future looks very blurry. Almost all ASEAN countries have symptoms of falling state. If this could have an adverse impact on the region, what should we do? There are many prescriptive solutions offered for ASEAN; From rule of law, transparency, civil service reform, judicial reform, to the idea of bureaucracy reform. However, the end result will always depends on political will and capacity. In the end, it is very important for ASEAN to train and maintain the technocrats for the desired system to be effective and efficient. At the same time, there is a need for nation’s leaders to oversee the organization’s performance in order to achieve good governance goals

 

Pinto Buana Putra is a research intern at ASEAN Studies Center

ASEAN After 50: Mainstreaming Paradiplomacy in ASEAN

Ario Bimo Utomo

During the last few decades, sub-state entities have been rising to prominence due to the increasing level of globalization. Anthony Giddens argues that this phenomenon is caused by two colliding forces of globalization, namely the upward force and the downward force. The upward force, as Giddens describes, is a force which diminishes the traditional state boundaries by creating an increasing interconnectedness among states.

On the other hand, the downward force of globalization is a force which encourages local entities to realize their own positions in this increasingly connected world—forcing states to provide them with channels to express their own interests. The involvement of sub-state entities in the foreign affairs is known as paradiplomacy.

Paradiplomacy, an abbreviation of “parallel diplomacy”, is a concept which depicts the ability of sub-state entities (cities, provinces, autonomous regions) to engage in international affairs with their foreign counterparts. Andre Lecours states that paradiplomacy can be conducted within three different scopes: (1) economic, (2) cultural, and (3) political. Intuitively, paradiplomacy is possible to enhance the quality of democracy as it makes policies less elitist by putting the decision-making authority closer to the people.

Paradiplomacy constitutes one prominent issue in this 50 years anniversary of ASEAN. However, we can examine that paradiplomacy is relatively unknown in most scholarships about the organization. We may notice that states are still positioned as the most prominent actors. Since its inception in 1967, ASEAN has been popular for having its own unique principles which essentially champions state-centric norms such as non-interference and respect for sovereignty—a set of principles which is dearly called as the ASEAN Way. This stance has sparked debates regarding its relevance in this increasingly-interconnected world.

It is difficult to envisage a diplomatic mechanism which positions sub-state entities as other actors in alternative discourses about ASEAN. Therefore, it leads us to our main question: can ASEAN—with its ASEAN Way—embrace paradiplomacy?

ASEAN Environmentally Sustainable Cities

The organization, however, does not stipulate explicitly how sub-state engagement can be conducted. In the ASEAN Charter, yet, the organization has already outlined a vision that ASEAN shall be a “people-oriented” society which everyone can benefit from its integration (Point 13 of the Article 1). Through the Blueprint of the ASEAN Socio-Cultural Community, ASEAN has also indicated its commitment to building a more “inclusive, sustainable, resilient, and dynamic” community.

Those factors indicate that sub-state engagements are not impossible to be done within the current ASEAN framework.

As a matter of fact, it is incorrect to say that the paradiplomatic activity is completely unknown to this organization. Despite its essential focus in state-to-state relations, the organization has already got a platform which paved a road for sub-state entities to be positioned as actors. In this case, we can pick an example from a program called the ASEAN Environmentally Sustainable Cities.

During 2009-2015, the ASEAN Environmentally Sustainable Cities was intended to be a part of the wider ASEAN Socio-cultural Community Blueprint. According to the ASEAN official website, the program is a manifestation of ASEAN’s mission to promote a quality living standard in urban areas. Thereby, this program aimed to ensure that “cities/urban areas in ASEAN are environmentally sustainable while meeting the social and economic needs of the people”. The program involved 25 cities from the different 10 ASEAN member states. The cities picked are described as “smaller and rapidly-growing” urban areas.

Within this program, there are some activities such as the High-Level Seminar (HLS) on the Environmentally Sustainable Cities, ASEAN Model Cities Program, and the ASEAN Environmentally Sustainable Cities Award. The two latter examples were utilized as an incentive as well as benchmarking measures for the respective cities to develop.

As Southeast Asia is a home to the increasingly-urbanizing 580 million people, it is understandable that ASEAN puts a bigger emphasis on cities. The increasing role of urban areas as the bridge between the regional aspirations and the grassroots level, consequently, cannot be ignored.

In a bigger picture, cities have a significant role in localizing international goals such as the Sustainable Development Goals (SDGs) stipulated by the United Nations. Such efforts are harder to attain when the states cannot accurately translate the needs of their smaller constituent units.

Sub-state engagements can be done without necessarily breaching the core ASEAN principle which upholds sovereignty. With the lack of ASEAN awareness remains a haunting problem in realizing a Southeast Asian socio-cultural community, paradiplomacy offers a channel which connects people with the organization. In this case, the ASEAN Way should not be perceived as a stumbling block.

In contrast, the core ASEAN principles can be a common identity which brings a special colour toward the ASEAN paradiplomacy, enabling the parties to realize their shared identity and to achieve their collective interests in a peaceful manner.

Fifty years since its establishment, ASEAN has shown its progress as a dynamic and forward-looking regional organization. However, it also signifies that ASEAN still has more to offer in responding to the modern diplomatic trends. In this case, paradiplomacy can be a solution. Mainstreaming paradiplomacy can be a future investment for the organization to stay relevant with the needs of its heterogeneous constituents.

This can be done by creating new programs which give more portions to the local entities to participate. Member states, on the other hand, should also be committed to encouraging its sub-state units to stay on track with the regional vision in creating an inclusive community through an extensive public diplomacy.

 

*) Ario Bimo Utomo is a former research assistant at the ASEAN Studies Center UGM. He earned his master’s degree in International Relations from the University of Sydney, Australia.

ASEAN After 50: The Language of Gender Discrimination in Southeast Asia

Farieda Ilhami Zulaikha

Why talk when you are a shoulder or a vault

Why talk when you are helmeted with numbers

Fists have many forms; a fist knows what it can do

Without the nuisance of speaking; it grabs and smashes

From those inside or under words gush like toothpaste

Language, the fist proclaims by squeezing is for the weak only

-Margaret Atwood-

In arguing the necessity of language, feminist theorists assume that language has never been neutral. It only serves the dominance in the social world where women are not counted. A poem by Margaret Atwood above illustrates how women are undervalued in language practice, which places them nowhere.

As Winant argues, “women have no mother tongue” which refers to such belief that no language suited to women’s position in sexist society. Language may manipulate reality which manifests ideology of male-dominated society. It seems that language inherits political structure which embedded in social relations whether it maintains the status quo or reform it.

This language practice reflects in a word of manhood or mankind which is currently used to address human being. These words maintain the high status of man which has the fullest authority over the control of the world. Job seekers are also familiar with gender marking following the type of the profession. The term lady doctor or female lawyer borders the working space of men and women.

The language also deploys performance, Cameron (1985) pointed out that a word of penetration shows men’s power towards women. While, penetration from women’s perspectives will be appropriately uttered as an enclosure, surrounding, or engulfing. However, it is rarely used. This kind of language practice fosters unequal gender relation.

Celebrating the 50th anniversary of ASEAN, with all of its achievements in the midst of globalization and the splendor of gender equality at the global level, how unfortunate that gender equality is still a major problem in Southeast Asia. For example, it is reflected in the use of language that describes gender discrimination. In Vietnam, the use of the unisex pronoun “em” does not guarantee that it treats equally men and women in language. Although, the pronoun “em” can be used to refer either men or women, most of the time “em” places women as a subordinate. Culturally women in Vietnam are trained to call themselves as “em” when they are talking to their husband. “Em” as a pronoun contains man’s social and sexual power. These practices lead to women’s inferiority as the social identity of Vietnam women.

It was also highlighted by women’s identity in Folklore. The stories of Folklore illustrated the reality of women in Vietnam. The Folklore depicts women in a tragic and straining notion of self-sacrifice and human struggle. The influence of Confucianism which places “women at the bottom of Confucian hierarchy” also plays an important role in maintaining the distinction between male and female in society. Vietnam proverbs reflect male-dominating society through discriminatory language.

Tai gia tong phu, xuat gia tong phu, phu tung tu (At home, serving the Father, upon marriage serving the husband, after the death of husband serving the children).

Women in Vietnam seems to be treated as an object and their future is decided in the hand of men. This condition also occurs in much of daily life in Malaysia where women treated unequally through language.

In Malaysia’s media, the word man and he generalize people as a whole. This generalization reflects privilege to a particular group, which is the man.

Women in Malaysia are also described by their relationship to men. Women as a belonging of men are recognized by the use of preposition ‘of’ for instance mentioning the death of women and men. In death, women are not usually recognized for their achievement or accomplishment. They are recognized as being a wife. While men are followed by their achievement in death.

Singapore which mainly populated with Chinese has also been assessed to be gender bias language (in particular, an older form of Chinese language). Usually, the names for females are associated with flowers, beauty, and softness while names for males portray success, prosperity, greatness, and brilliance. In addition, in Chinese language, nicknames for unmarried women have a negative connotation which is frequently referred to laochunu ‘old virgin’ or ganmianbao ‘dried up bread’. Meanwhile, wanglaowu means ‘old single eligible men’ or danshen han or guang gun which means ‘rod’ or ‘pole’ which have a positive connotation within the Chinese community.

Likewise in Indonesia, gender stereotyping in everyday language is undeniable. In Indonesia, the insertion of the word mother rarely precedes the word father in the structure of parallel sentences, for instances ‘father and mother’. This word position reflects power relation between men and women in real life. Moreover, adjectives play important role in identifying men and women. Women perform as beautiful, soft-hearted, and emotional. Whereas men are categorized as brave, firm, and strong. Evidently, this sex-role stereotyping are successfully manifested in language.  

In the end, the 50 years of ASEAN can be a momentum to reflect on the issue of gender discrimination that is still remained to this day. There should be efforts to raise the awareness of ASEAN community to diminish sexist language and gender stereotyping which can limit both female and male societal expectation. ASEAN should fight against gender mystification by addressing changes to social beliefs and attitudes rather than merely restructuring language.

 

Farieda Ilhami Zulaikha is a Research Intern at ASEAN Studies Center, Universitas Gadjah Mada