• Title/Summary/Keyword: human rights in Southeast Asia

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The Confrontational Co-existence of Development and Human Rights after Democratic Transition in Southeast Asia: A Civil Society Perspective (동남아시아의 민주화 이후 '개발'과 '인권'의 갈등적 공존: 시민사회의 시각)

  • Park, Eunhong
    • The Southeast Asian review
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    • v.19 no.2
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    • pp.173-218
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    • 2009
  • Bring this analysis down to people-centered development perspective and looking through democratization in the Philippines, Thailand and Indonesia, we find similarities and differences among them related with the intensity of conflicts between development and human rights in the process of democratization in line with global transformation. Civil society in the Philippines criticized the developmental path in the Philippines which failed to implement land reform and eradication of poverty under the transition from 'patrimonial oligarchy' to democracy. In Thailand the coalition of military and the royalists had consolidated its power since Sarit military regime, which later paved the way 'hybrid oligarchy' era. Most Thai civil society organizations has regarded their developmental experience rather as 'maldevelopment' which disregarded economic and social rights. It has been especially believed by Thai localists that the stimulation of local markets and the building of autonomic community society will form the alternative economy without going against the conservative banner of nation, religion and king. Thaksin as a populist successfully took advantage of Thai localist ethos in favour of taking the seat of power. He projected himself as a modernizer focused on economic growth and cleaner politics. However Thaksin's procedural legitimacy was overthrown by counterattacking from military-royalist alliance, pretexting that Thaksin caused internal conflicts and lacked morality. Soeharto's New Order regime which can be called 'administrative oligarchy' had an antipathy towards notions of economic and social rights as well as civil and political rights. In spite of the fact that the fall of Soeharto opened the political space for democratic civil society organizations which had long struggled with development aggression and human rights abuses, there have been continuously a strong political and military reaction against human rights activists, NGOs and ethnic minorities such as Aceh and Papua. Nevertheless, Indonesian democracy is more promising than Philippine's and Thai democracy in terms of comparatively less pre-modern legacies.

The Khmer Rouge Genocide Trial and the Marcos Human Rights Victims: the Quest for Justice and Reparations

  • Mendoza, Meynardo P.
    • SUVANNABHUMI
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    • v.7 no.2
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    • pp.79-103
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    • 2015
  • Just how does one make sense of the genocide perpetrated by the Khmer Rouge during its rule in the 70's and the numerous human rights violations in the Philippines during the Marcos period? Like the conflicts that have marked human history at the close of the 20th century, Southeast Asia is no exception, similar to the many attempts to come to terms with the past and put to account wrongdoers worldwide. The paper is an attempt to historicize these two seemingly unrelated events and analyze them from the synoptic frameworks of transitional justice and reparations. Similar to the experiences faced by many societies transitioning towards democratic rule, notably in Latin America, the dilemma of whether to pursue justice or preserve the peace and the newfound status quo has characterized the length at which justice had eluded the victims in Cambodia and the Philippines. Yet, no matter what the limits are in pursuing accountability, or these so called historical injustices, closure is still achievable. The paper would like to argue that closure is possible when one, all or a combination of the following, depending on the gravity of the crime, is present-truth-telling, prosecution for the crimes committed, and a grant of compensation.

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Transnational Labor Migration in Southeast Asia and Regional Governance: In Search of Good Governance (동남아시아의 이주노동과 지역 거버넌스)

  • Choi, Horim
    • The Southeast Asian review
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    • v.20 no.2
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    • pp.135-178
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    • 2010
  • This study is to seek alternatives for regional governance related to transnational labor migration issues in Southeast Asia. This study examined the present situation and trends of labor migration in the region, reviewed involved transnational issues, and identified the current issues of governance to seek alternatives for regional governance. The increase in cross-border labor migration is no doubt a sign of growth and dynamism of the region and greater integration of their economies. But it also poses complex policy and management issues as well as transnational issues over such as unequal economic profits, illegal migration, human rights, and social security issues. In this reality, regional governance is a very important theme and the efforts to manage their migration inherently involve fundamental conflict and tension between related countries and regions. However, politics and governance of transnational migrant workers in Southeast Asia are still pursued at the national level. To resolve these issues, it is urgently required to secure not only collaboration between the parties concerned but also governance at the regional level. Findings of this study are: First, although labor migration has been a relatively long-time transnational issue, the history of addressing the issue at the regional governance is very short and still inceptive. Second, given its size, labor migration in Southeast Asia requires effective regional governance but no breakthrough was possible due to the conflict of interests between origin and destination countries and the conflict of logic between the labor market and the state. Third, the issue of labor migration is an important element for the formation of economic and socio-cultural communities the ASEAN countries have pursued. Fourth, it is urgently needed to seek alternatives for good and effective regional governance as a key to resolving these issues over migrant workers in Southeast Asia.

Ritualism versus Universalism: The Challenge of Establishing an Effective Rights-Based Labor Migration Regime in ASEAN

  • Tigno, Jorge V.
    • SUVANNABHUMI
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    • v.11 no.2
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    • pp.159-186
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    • 2019
  • Southeast Asia accounts for nearly a tenth of total worldwide cross-border movements of migrant workers. Cambodia, Indonesia, Laos, Myanmar, and Philippines make up the sending countries while Malaysia, Singapore, and Thailand are the major destinations. Migrant worker movements are predominantly in production process and low- to medium-skilled sectors. It is not unusual for irregular or undocumented movements to take place. In not a few instances, migrants work under harsh and exploitative conditions. In recent years, however, ASEAN has taken steps to manage labor migration at the regional level. The paper argues that ASEAN has not managed these cross-border labor flows as well as it should particularly in terms of protecting and promoting the human rights of migrants. It will be difficult to establish the genuine building blocks for a regional human rights mechanism unless there is a diffusion of alternative universal norms and standards to what ASEAN already embodies. As long as states resist any attempt to weaken or question or deligitimize their capacity to determine who gets to enter, stay, and leave their jurisdictions, it will be difficult to establish an effective migrant rights framework for the region.

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Cambodia's Response to the G-2 System: A Theoretical Perspective (G-2 체제에 대한 캄보디아의 대응 전략에 관한 이론적 고찰)

  • CHOO, Young Shik
    • The Southeast Asian review
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    • v.27 no.3
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    • pp.93-135
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    • 2017
  • Due to their geographic proximity to Beijing, the Southeast Asian states under the fallout of the China's growing power are struggling to seek the art of diplomacy to promote their national interests. This study explores why Cambodia previously taking a pro-US strategy after the end of the Cold War has switched to a pro-China one in the context of the rise of G-2 system, the ASEAN regionalism, the country's national interest and Hun Sen's regime legitimation. Theoretically, this study takes a realist constructivist approach and tries to find how realist interests and norms have affected the Hun Sen's regime legitimation. The relationship between China and Cambodia has been deepened by mutual economic interdependence and increasingly stronger Chinese power. Especially, the Chinese massive economic aids and investment have enormously supported the regime legitimation of Hun Sen. On the other hand, The US value diplomacy promoting democracy and human rights has undermined the Hun Sen's legitimacy and strained the two nations' relationship. However, the Hun Sen's pro-China strategy is not to check and balance against US strategic interests and not to recognize the Chinese hegemonic position in Southeast Asia. It is a hedging against the US value diplomacy while maximizing economic and other gains from China. ASEAN has been playing a coordinating role to limit the scope of power politics among big powers and to mitigate its ramifications. Yet, since the US and Chinese interests are so keenly criss-crossing, Cambodia may continue to react to the G-2 system through bilateral relations with them.

ASEAN in 2017 : Democracy in Crisis and ASEAN Norms (아세안 2017년: 민주주의 위기와 아세안 규범)

  • KIM, Hyung-Jong
    • The Southeast Asian review
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    • v.28 no.2
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    • pp.119-145
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    • 2018
  • Celebrating its $50^{th}$ anniversary in 2017, the leaders of ASEAN member sates have adopted a series of declarations and action plans for enhancing its institutional capability and functional cooperation. ASEAN's convening power is expected to underpin its centrality and resilience. Meanwhile, ASEAN's retreat from democracy has increasingly become a hindrance for its further development. This article reviews the process of ASEAN's community building and its external relations. First, it argues that there is increasing concerns over ASEAN's limited capability in dealing with regional issues mainly caused by the deprivation of human rights and the democracy in crisis. Second, this article considers the dynamics of ASEAN's external relations mainly focusing on its relations with China, the United States, and South Korea. The South China Sea issue and China's increasing economic influence in the region have contributed to the complexity of ASEAN-China relations. The ASEAN's responses to the shift in American foreign policy under the Trump administration posits the unity of ASEAN. The New Southern Policy initiated by South Korean President, Moon Jae-in appears to be a new focal point of Korea-ASEAN relations despite considerable challenges, which requires to maintain ASEAN centrality.

The Comparison on the Investigative Training between the Current Korean National Police and the Law Enforcement Agencies of U.S.A. and Germany (현 대한민국 경찰의 수사교육과 미국, 독일 수사기관과의 비교)

  • Kim, Dae-Sik;Lee, Sang-Han
    • Journal of forensic and investigative science
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    • v.2 no.1
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    • pp.52-80
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    • 2007
  • In the rapidly changing current society, the Korean National Police(KNP) is facing a lot of demands from the citizens like the protection of subject/victim rights, independence of investigation authority, disclosure of actual truth, and prevention & eradication of crimes. It is widely recognized among the Korean people and the police that the KNP is always standing for the rights of the people and it is high time that the KNP should be restored as the pioneer for the protection of human right. In this situation, the tremendous emphasis is given on the importance of investment in investigative training through the long-term master-plan in order to renovate its constitution, to level up its quality, and to cope with the highly sophisticated crime patterns. Korean police have already shown its outstanding investigative skills of identification of the deceased throughout large cases like Daegu subway arson and tsunami in Southeast Asia. In addition, the skills of cyber crime investigation are highly recognized by foreign law enforcement agencies. However, the investigative skills and abilities are being degraded and the morale of the investigative personnel are falling due to the insufficiently of the finite training budget. Lack of financial support results in the lack of training program and poor training environment, which subsequently leads to the inefficiency of training. Additionally, no long-term budget for fostering specialized investigative agents is allotted. Considering the fact that more than 95% of crimes in Korea are being primarily investigated by the Korean police, we have to understand the importance of the police. By the tremendous investment in investigative training which can lead to the high-quality investigations, the Korean police can ultimately contribute to the protection of safety and life of its people.

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Thailand in 2017: The Resurgence of "Sarit Model" and Thai-Style Democracy (2017년 타이: '싸릿모델'의 부활과 타이식 민주주의)

  • PARK, Eun-Hong
    • The Southeast Asian review
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    • v.28 no.2
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    • pp.213-247
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    • 2018
  • Thailand in 2017 the public sentiment has turned against the military government. The four pledges the military declared immediately after the 2014 coup, restoration of democracy, addressing of divisive politics, eradication of corruption, and stimulation of the economy have all failed. In the same year, however, Thai military junta began to recover it's diplomatic relationship with western countries including US and EU owing to promulgation of the new constitution endorsed by King Maha Vajiralongkorn and the lavish funeral of late King Bhumibol Adulyadej which was attended by huge number of condolence delegations from around the world including US Defense Secretary James Mattis. Since the 2014 coup, US has sanctioned the country under military junta led by General Prayuth Chan-o-cha for urging them back to the barracks. EU also joined this sanction measures. US signaled change in it's policy when General Prayuth got the chance to visit US and meet President Donal Trump in 2017. General Prayuth Chan-o-cha's military junta could start to restore it's reputation internationally. Domestically, he used absolute powers based on section 44 of the interim constitution, also guranteed in the new constitution. Oversea and national human rights groups have criticized that the interim constitution for permitting the NCPO, Thai military junta's official name, to carry out policies and actions without any effective oversight or accountability for human rights violations. On 1 December 2017, Thailand marked the one-year anniversary of King Maha Vajiralongkorn's accession to the throne as the country's new monarch, Rama X. In the first year of King Rama X's reign, arrests, prosecutions, and imprisonment under Article 112 of Thailand's Criminal Code (lese-majeste) have continued unabated in Thailand. NCPO has continued to abuse Article 112 to detain alleged violators and curb any form of discussion regarding the monarchy, particularly on social media. In this worsening human rights environment General Prayuth Chan-o-cha enforced continuously campaign like Thai-style democracy- an effort to promote largely autocratic 'Thainess' in such a way that freedom of expression is threatened. It is a resurgence of 'Sarit Model'. In the beginning of 2017 Thai military government raised the slogan of 'opportunity Thailand' in the context of 'Thailand 4.0' project which attempts to transform Thai economy based on industry-driven to innovation-driven for recovering robust growth. To consider freedom and liberty as a source of innovation, 'Thailand 4.0' led by 'Sarit Model' without democracy would be skeptical.