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      in World Politics

      Asia’s Lèse-Majesté Laws Are a Futile Attempt to Stifle Dissent

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      There are currently six countries in Asia with royal families: Japan, Malaysia, Cambodia, Bhutan, Brunei and Thailand. Each possesses unique lèse-majesté laws, which criminalize insults against the monarch and members of the royal family. In Malaysia, Cambodia and Thailand, a disturbing trend of censorship under the guise of lèse-majesté has been escalating for years. The history, rationale and application of these laws can shed insights on their claim to legitimacy, what they perceive to be threats, and whether they have evolved into a new form of censorship disguised by calls for respect and propriety.

      In Japan, the last lèse-majesté conviction occurred in 1946, when a factory worker held up a placard mocking the emperor during postwar food shortages. However, the accused was soon pardoned under an imperial amnesty commemorating the new constitution, which does not include lèse-majesté articles. Under the new constitution, the emperor was protected as an individual and as a symbolic head of state, with an emphasis placed on respect rather than an acknowledgment of exalted status. Japan is a constitutional monarchy, with parliament controlling the government and the emperor holding a largely ceremonial role. However, a constitutional monarchy is no guarantee of reasonable lèse-majesté laws.

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      In Malaysia, while the Malay home minister had said that there was no need for lèse-majesté laws, the Sedition Act of 1948 is more than enough to serve the same purpose. A colonial relic, the legislation bans any act or speech of “seditious tendency” against the government or any of the country’s nine sultans. Calls for reforms have been repeatedly delayed, and at least 97 cases of social media users criticizing Malay rulers have been investigated. In a country with multiple ethnicities and religions, social harmony is cited as the basis for the law and dissidents are blamed for inciting division.

      Cambodia adopted its own lèse-majesté laws in 2018, allowing prosecutors to file suit on behalf of the monarchy against anyone deemed to be insulting it. Punishments range from prison terms and fines unaffordable for most Cambodians. The first application of the new legislation occurred when a teacher was arrested for his comments on Facebook accusing the king of the dissolution of the Cambodia National Rescue Party (CNRP). The CNRP was the sole challenger to the ruling Cambodia People’s Party and, months later, a CNRP deputy leader was likewise accused of lèse-majesté.

      While Bhutan does not have lèse-majesté provisions, Section 317 of its penal code relating to defamation has been applied against a journalist who shared an online petition against a business mogul. The mogul also happens to be the father-in-law of the chief justice of Bhutan, himself a royal appointee, and criticism against royally appointed officials can be seen as direct criticism of the monarch. 

      Sources on Brunei’s lèse-majesté laws are scant, but the deputy director of the Royal Brunei Police Force had previously made a complaint of defamation to the Indonesian police. The deputy director is himself a member of the Brunei royal family, and the complaint was made over an Instagram account that posted pictures of Sultan Hassanal Bolkiah with insulting comments. There were no further reports on this complaint and the offending photos were later deleted from the account.

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      Of the six countries, Thailand has by far applied its lèse-majesté laws most aggressively, and the number of convictions is on the rise. Before 2020, the last cases under the legislation were prosecuted in 2018, and Prime Minister Prayuth Chan-ocha has attributed the drop to the mercy of King Vajiralongkorn. However, cases rose in parallel with protests that began in July last year, calling for Prayuth’s resignation, the revision of the constitution and reform of the monarchy.

      The protest leaders have been charged with lèse-majesté, and the Thai government is now prosecuting social media giants for not curtailing posts critical of the royal family. Article 112 of Thailand’s criminal code specifies that anyone who “defames, insults or threatens the king, the queen, the heir-apparent or the regent” will be punished with a jail term between three and 15 years, while the Thai Constitution also states that “No person shall expose the King to any sort of accusation or action.” Individuals charged or investigated under lèse-majesté legislation include a BBC correspondent, a US ambassador, a celebrity fortune-teller as well as activists and ordinary folks sharing posts on social media.

      The previous United Nations special rapporteur on the promotion of freedom of opinion and expression, David Kaye, had called the provisions “incompatible with international human rights law.” The law allows anyone to file a complaint, and the minimum sentence of three years makes it impossible for judges to reduce jail time for civilians who must work to support their families.

      Needless to say, if criticism of the monarchy is automatically equated with disrespect, there is little room for a free press to perform its role as a watchdog in countries like Cambodia, Malaysia and Thailand. Taken to the extreme, lèse-majesté laws can create an environment filled with fear and petty denunciations, but they are unlikely to completely squelch public dissatisfaction. Soviet-era censorship gave birth to a culture of satire and circumvention tactics, and while social media may make policing personal opinions easier, it also spreads the word of dissent much faster between the like-minded. In some cases at least, trying to quash criticism may be the best way to draw attention to it.

      *[Fair Observer is a media partner of Young Professionals in Foreign Policy.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

    • 163 Shares139 Views

      in US Politics

      'Family detention still exists': immigration groups warn the fight is far from over

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      Few people have been as closely involved with family separation and reunification as attorney Erika Pinheiro, one of the leaders of the immigration advocacy group Al Otro Lado.And though Joe Biden’s win in the presidential election puts an end to Donald Trump’s laser focus on restricting all forms of immigration, Pinheiro wants people to understand that the fight for immigrant rights in the country is far from over.“There’s still a lot of work to do,” Pinheiro, Al Otro Lado’s litigation and policy director, said. “It’s not a given that everyone will be reunified, or families, babies are going to be let out of cages – family detention still exists.”Al Otro Lado has offices on both sides of the border, where it assists immigrants with family reunification, detention, access to healthcare, asylum, deportation and other issues.It was founded in 2011 and was volunteer run until Trump won the 2016 election on an anti-immigrant platform. The group’s leaders then committed to the work as a full-time, paying job.It has been a grueling four years. Pinheiro said the Trump administration caused her to question how she could be an attorney when laws were changing each week and the government did not seem interested in following the ones which remained. “Just the baseline of being able to do our jobs as attorneys was thrown into chaos,” Pinheiro said.There was the added factor of responding to atrocities a tired, exhausted world didn’t want to, or couldn’t, process.“It felt in many instances that it was screaming into the ether about people dying at the border, people suffering all these horrific human rights violations,” she said. “And some of it got through to the public, like family separation, but a lot of it didn’t.”With Covid, the group’s work has expanded even more.“We also have had to do emergency food assistance, quarantine housing for medically vulnerable families,” Pinheiro said. “We’ve supported a dozen shelters in getting clean water and food and PPE, we have helped raise the capacity of several medical organizations here on the border to make sure our clients would have access to any care.”The Centers for Disease Control and Prevention (CDC) bars asylum seekers and refugees from the US under an order called Title 42. People who attempt to cross the border are returned, or expelled, back to Mexico, without an opportunity to test their asylum claims. More than 250,000 migrants processed at the US-Mexico border between March and October were expelled, according to US Customs and Border Protection data.The situation is dire. Thousands of asylum-seekers are stuck at the border, uncertain when they will be able to file their claims. The camps they wait in are an even greater public health risk that before.Outside the border, Al Otro Lado has fought for detained migrants to get PPE and medical releases. Prisons are one of the worst possible places to be when there is a contagious disease and deaths in the custody of US immigration authorities have increased dramatically this year. They have also provided supplies to homeless migrants in southern California who have been shut out of public hygiene facilities.Pinheiro said there will be improvements with Trump out of office, but some of the Biden campaign promises to address asylum issues at the border will be toothless until the CDC order is revoked. It’s a point she plans to make in conversations with the transition team.A prime concern for advocates about the Biden administration is that it will include some of the same people from Barack Obama’s administration, which had more deportations than any other president and laid the groundwork for some controversial Trump policies.While it is a worry for Pinheiro, she has hope that the new administration will build something better. “I would hope a lot of those people, and I know for some of them, have been able to reflect on how the systems they built were weaponized by Trump to do things like family separation or detaining children,” she said.Family separation, which has left 545 children still waiting to be reunited with their parents, was a crucial issue for many voters and Pinheiro hopes that energy translates to other immigration policies.“How did you feel when your government committed the atrocity of family separation in your name?” Pinheiro said. “The next step is really understanding that similar and sometimes worse atrocities are still being committed in the name of border security and limiting migration.” More

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      in US Politics

      Trump's Blackwater pardons an affront to justice, say UN experts

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      Donald Trump’s pardon of four American men convicted of killing Iraqi civilians while working as contractors in 2007 violated US obligations under international law, United Nations human rights experts have said.Nicholas Slatten was convicted of first-degree murder and Paul Slough, Evan Liberty and Dustin Heard were convicted of voluntary and attempted manslaughter over an incident in which US contractors opened fire in busy traffic in a Baghdad square and killed 14 unarmed Iraqi civilians.The four contractors, who worked for the private security firm Blackwater, owned by the brother of Trump’s education secretary, were included in a wave of pre-Christmas pardons announced by the White House.“Pardoning the Blackwater contractors is an affront to justice and to the victims of the Nisour Square massacre and their families,” said Jelena Aparac, the chair of the UN working group on the use of mercenaries.The group said the Geneva conventions obliged states to hold war criminals accountable for their crimes, even when they are acting as private security contractors. “These pardons violate US obligations under international law and more broadly undermine humanitarian law and human rights at a global level,” it said.By allowing private security contractors to “operate with impunity in armed conflicts”, states would be emboldened to circumvent their obligations under humanitarian law, the group said.The pardons have been strongly criticised by many in the US. Gen David Petraeus and Ryan Crocker, respectively the commander of US forces and the US ambassador in Iraq at the time of the incident, called Trump’s pardons “hugely damaging, an action that tells the world that Americans abroad can commit the most heinous crimes with impunity”.In a statement announcing the pardons, the White House said the move was “broadly supported by the public” and backed by a number of Republican lawmakers. More

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      in World Politics

      It’s Time to Introduce a Universal Basic Income for India’s Farmers

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      In September, India passed three bills that immediately led to protests by farmers demanding to repeal the legislation. The new laws seek to remove the government’s minimum support price for produce that shielded India’s farmers from free-market forces for decades. In allowing the farmers to set prices and sell directly to businesses, the reforms are …
      Continue Reading “It’s Time to Introduce a Universal Basic Income for India’s Farmers”
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      in World Politics

      Emmanuel Macron’s Dishonorable Legion

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      In recent years, France and Egypt have developed a close relationship based on common interests in the Middle East. Some might suggest that it harkens back to the tradition established with Napoleon Bonaparte’s campaign in Egypt at the end of the 18th century. It led to the future emperor’s sincere fascination with Egyptian history and …
      Continue Reading “Emmanuel Macron’s Dishonorable Legion”
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      in Elections

      International observers say US elections 'tarnished' by Trump and uncertainty

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      An international observer mission has reported that the US elections have been “tarnished” by legal uncertainty and Donald Trump’s “unprecedented attempts to undermine public trust”.A preliminary report by the Organization for Security and Cooperation in Europe (OSCE) pointed to systemic weaknesses in US elections, as well as the stress imposed by the coronavirus pandemic and Trump’s calls for an end to vote counting in certain states based on false claims of fraud.“Baseless allegations of systematic deficiencies, notably by the incumbent president, including on election night, harm public trust in democratic institutions,” the report, by the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) and the organisation’s parliamentary assembly, said.“With Covid and so many things changing at the last minute practically for the voter and for the election administration, there was this feeling of unease or confusion,” the head of the ODIHR mission,the Polish diplomat Urszula Gacek, told the Guardian. “And then on top of that, you have an incumbent who is doing something we’ve never seen before, casting doubt on the actual process, and making the way you cast your ballot also a political statement.”The OSCE report pointed to efforts at the state level to adjust voting procedures in light of the pandemic, and then the raft of legal challenges to those adjustments (overwhelmingly from Republicans), as being a source of considerable confusion when it came time to vote.“There was an unprecedented volume of litigation over voting processes in the months before the elections, with over 400 lawsuits filed in 44 states, some still before the courts a few days before elections,” the report said. “The legal uncertainty caused by this ongoing litigation placed an undue burden on some voters wishing to cast their ballots and on election administration officials.”The issues caused by the pandemic and an erratic president compounded long term systemic problems, the OSCE found, many of which disadvantage the poor and ethnic minorities, such as the varying requirements for proof of identity at polling stations, which the report found to be “unduly restrictive” for some voters.“If the only thing you could possibly use would be a college student card and you’re not a student, or a driving license and you don’t drive, or a passport and you never travel anywhere, you can imagine that certain economically disadvantaged groups will be disproportionately affected, and certain ethnic minorities could be excluded,” Gacek said.The report also referred to the disenfranchisement of felons and former felons. It said: “An estimated 5.2 million citizens are disenfranchised due to a criminal conviction, although about half of them have already served their sentences.”“These voting restrictions contravene the principle of universal suffrage,” the report concluded.Gacek said that $400m federal emergency funding for states’ election administrations had not been sufficient and the shortfall had come from private sources. Facebook’s Mark Zuckerberg and his wife, Priscilla Chan, contributed $400m.“But when you look at the $14bn which has been spent on the campaign, and you juxtapose that against an administration which has been having to rely on philanthropists to help them actually run the election, I think it’s interesting,” Gacek said. More

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      in World Politics

      No Democratic Guarantee in Myanmar and US

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      The presidential elections in Myanmar have been set for November 8, just days after the US goes to the polls on November 3. Both countries have a history of keeping minorities in line by blocking their ability to vote and hold office. A brief comparison between the two is enough to illustrate three troubling points: that an established democratic tradition does not necessarily erode such barriers over time, that it most certainly does not guard against the creation of future barriers, and that older democracies may nevertheless use the same voter suppression tactics as younger ones.

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      In November, both US President Donald Trump and Burmese State Minister Aung San Suu Kyi will be seeking reelection for their respective roles. In addition to being heads of state, both are the de facto leaders of their respective parties, and each wields a unique brand of populism. They both have exhibited substantial failings when it on matters of race and ethnicity during their current terms: Trump in his response to the Black Livers Matter movement, and Suu Kyi in her defense of the Rohingya genocide.

      Voter Equality

      What is interesting to note is that the Black Livers Matter movement and the Rohingya genocide both share a dimension of demographic politics. African slaves were first imported to the British colony of Virginia in the 17th century, while the Rohingyas are believed to have arrived with British colonialists starting in the 19th century. Both groups have suffered systemic violence stemming from these histories, the former because of race and the latter because of both race and religion, with their right to vote consistently obstructed. While the Rohingya face outright exclusion, African Americans continue to face voter suppression tactics despite the many strides that have been made toward voter equality in the United States.

      The major difference between these two electoral processes is that November will mark the 59th US presidential election but only the second free vote Myanmar has had in 25 years. It is easy to assume that the US, being the modern world’s oldest democracy, would have a more inclusive voting process than Myanmar, whose shaky democratic transition was interrupted repeatedly by military coups. However, an argument can be made that voting regulations in both countries exclude the demographics judged to be undesirable by political elites, and these regulations evolve over time as a response to the excluded groups’ attempts to overcome them.

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      There are many ways to restrict voting by demographic. The most obvious would be to deny citizenship, since only citizens can cast their votes in national elections. Other options include making sure the targeted group cannot vote due to fear or inconvenience, that they have no desirable candidates to vote for, or that their votes count less than other votes.

      Both the US and Myanmar have a stratified citizenship system, and they share similarities in their history of denying citizenship as well. In the US, citizens enjoy the most privileges, while neither nationals nor permanent residents can vote or hold office. As an example, Americans born in American Samoa are to this day not considered US citizens, and US nationals like those born in Puerto Rico were not considered US citizens until the Jones-Shafroth Act in 1917. The act superseded the Naturalization Act of 1790 that limited naturalization to “free white persons,” effectively barring Native Americans, slaves and freedmen from obtaining citizenship and the ability to challenge other citizens in the court of law.

      In Myanmar, distinctions are made between full citizens, associate citizens and naturalized citizens depending on various factors. To be naturalized as a citizen, an applicant must also be able to speak one of the national languages well (of which the Rohingya language is not one), be “of good character” and “of sound mind.” The last few requirements are sufficiently vague to allow rejections without justification as well as made-up reasons that are difficult to challenge or overturn. No matter their rank, Burmese citizens are issued color-coded national registration cards, and their privileges are given in descending order.

      No registration cards were issued to the Rohingyas since the 1970s, and since every step in life, from school enrolment to job applications requires identification, it is no surprise that the Rohingya remain one of the most persecuted and most disenfranchised minorities not only in Myanmar, but globally.

      Fear and Bureaucracy

      Despite the protection of the Voting Rights Act of 1965 that outlawed disenfranchisement through the use of literacy tests and the requirement of “good moral character” among other criteria, African Americans in the United States still suffer barriers to voter registration and new intimidation tactics around polling stations. The act also does not cover the many ongoing efforts that currently limit voting participation, such as purging rolls, voter caging, gerrymandering and decreasing the number of polling stations. By associating certain party leanings to certain locations and moving patterns, these tactics allow users to exclude demographics deemed unfavorable to their position.

      In Myanmar, the Rohingya were issued specific white cards in 2010 that did not confer citizenship but allowed them to vote, suspected to be distributed by the then-ruling party as a vote-buying scheme. The cards were then revoked before the 2015 elections that led to Suu Kyi’s victory. While the Rohingya who do not hold a national registration card cannot vote altogether at the moment, the tactics used by the Myanmar government also rely on capricious bureaucracy to limit the vote.

      Since the Rohingya have no right to vote and their candidates are barred from standing for election, the comparisons cannot continue beyond the two categories listed above. But the overlap in voter suppression tactics goes to show that a lengthier democratic tradition is not an automatic guard against voter exclusion. Disenfranchisement takes many forms, and it occurs in democracies irrespective of their age. The consequences of voter suppression are no less dire even if they do not result in immediate life-and-death situations — because disenfranchisement is disempowerment. It is nothing less than the deliberate undercutting of a group’s ability to make itself respected and heard.

      *[Fair Observer is a media partner of Young Professionals in Foreign Policy.] More