Biden unveils US Info-Pacific economic plan after summits in Japan, South Korea

U.S. President Joe Biden wound up his visit to South Korea and Japan Monday with the announcement of the Indo-Pacific Economic Framework for Prosperity (IPEF), drawing more Southeast Asian involvement than previously anticipated. A statement by the White House said the U.S.-led regional economic initiative includes a dozen initial partners: Australia, Brunei, India, Indonesia, Japan, Republic of Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam; together representing 40% of the world’s GDP. Earlier this month, diplomatic sources said that only two of the 10 members of the Association of Southeast Asian Nations (ASEAN) – Singapore and the Philippines – were expected to be among the initial countries joining negotiations under IPEF. One of the reasons for hesitancy is the U.S. Indo-Pacific plans are considered to be designed to counter China’s rising influence in the region, and ASEAN countries, especially small- and medium-sized, may wish to stay neutral. It appears that the situation has changed after the special U.S.-ASEAN summit in Washington in mid-May, with Brunei, Malaysia, Thailand and Vietnam also signing up.  “The U.S. is finally re-engaging economically in the Indo-Pacific region,” said Norah Huang, associate research fellow at Prospect Foundation, a Taiwanese think tank. “The delay says there have been difficulties of the political climate back home and in this part of the world,” she said.  Indo-Pacific economic power Details remain vague but it is understood that IPEF is not a free-trade agreement, but an economic cooperation seeking to establish trade rules across “four pillars” – trade resiliency, infrastructure, decarbonization and anti-corruption. The White House said it will “enable the United States and our allies to decide on rules of the road that ensure American workers, small businesses, and ranchers can compete in the Indo-Pacific.” With U.S. direct investment in the region totaled more than U.S. $969 billion in 2020, the U.S. “is an Indo-Pacific economic power, and expanding U.S. economic leadership in the region is good for American workers and businesses — as well as for the people of the region.” China has been critical of the U.S. involvement in the region. On Sunday, Chinese Foreign Minister Wang Yi said “the so-called ‘Indo-Pacific Strategy’ is bound to fail.” Speaking in Guangzhou after talks with visiting Pakistani Foreign Minister Bilawal Bhutto Zardari. Wang said the strategy “is causing more and more vigilance and concern” because it is “attempting to erase the name “Asia-Pacific” and the effective regional cooperation architecture in the region.” IPEF “should promote openness and cooperation instead of creating geopolitical confrontation,” Wang said. The U.S. is “politicizing, weaponizing and ideologizing economic issues and using economic means to coerce regional countries to choose sides between China and the United States,” according to the Chinese Foreign Minister. Regional reaction Regional economic powers Singapore and Malaysia were the first to welcome the IPEF.  Malaysian International Trade and Industry Minister Mohamed Azmin Ali tweeted on Monday that IPEF “serves as an impetus for economic diplomacy between USA and the Indo-Pacific region.” “I am optimistic that this cooperation acknowledges that our economic policy interests in the region are intertwined, and deepening economic engagement among partners is crucial for continued growth, peace, and prosperity.” Singapore Prime Minister Lee Hsien Loong last week said that he encouraged more ASEAN participation in the IPEF which he said “needs to be inclusive and provide tangible benefits.” “To get India and Indonesia signed up will be important to up the game and could serve as catalyst for hesitant actors to come off fence,” said Norah Huang from the Taiwanese Prospect Foundation. Staunch U.S. allies South Korea and Japan, which President Biden has visited since Saturday, both supported the IPEF as “they clearly support any U.S. engagement within the region,” said Stephen Nagy, senior associate professor at the Department of Politics and International Studies, International Christian University in Tokyo. Before the IPEF launch, Biden held a meeting with the Japanese Prime Minister Fumio Kishida, their first formal face-to-face.  Quad meeting On Tuesday, the U.S. President will attend a summit of the Quadrilateral Security Dialogue, or Quad, with leaders of Japan, India and Australia. The meeting will “focus on a rules-based order, enhancing infrastructure and connectivity in the region and in general, providing public goods to the broader region,” said Nagy. “The leaders will also discuss security in the maritime environment, primarily secured through cooperation within the Quad, as well as peace and stability across the Taiwan Strait,” the analyst said. Taiwan has not been invited to IPEF, a decision called “regrettable” by Taipei. “As an important economy that plays a crucial role in the global supply chain, Taiwan is definitely qualified for inclusion in the IPEF,” the Taiwanese Foreign Ministry said in a statement. In Tokyo on Monday, however, President Biden said he would be willing to use force to defend Taiwan in the case of a Chinese attack. “We agree with a one-China policy. We’ve signed on to it and all the intended agreements made from there. But the idea that, that it can be taken by force, just taken by force, is just not, is just not appropriate,” Biden said in Tokyo, adding that it was his expectation that such an event would not happen or be attempted, Reuters news agency reported. China swiftly expressed its “strong dissatisfaction and firm opposition” in comments by Wang Wenbin, a spokesman for the Chinese Foreign Ministry. “On issues concerning China’s sovereignty and territorial integrity and other core interests, there is no room for compromise,” Wang told a daily briefing in Beijing.

Read More

Cambodia’s commune campaign to test country’s electoral integrity

Cambodia will launch a two-week election campaign for local commune councils Saturday, a contest for grassroots bodies that won’t tip the scales of power in a country autocratic Prime Minister Hun Sen has ruled for nearly four decades, but also seen as a measure of electoral integrity. The limited power of commune councils––who vote on behalf of their constituents in the 2024 elections for the Cambodian Senate––hasn’t dampened anticipation ahead of the June 5 election in a country that has endured a five-year crackdown on civil liberties and other freedoms by Hun Sen’s Cambodian People’s Party (CPP). The CPP, the only party large enough to field candidates nationwide, is expected to win a landslide victory, enjoying the power of incumbency and patronage in what Hun Sun has effectively turned into a one-party state at the national level. “Commune elections in Cambodia have always been a low stakes affair for the ruling party because of how much control they have in rural areas at the local level,” said Sophal Ear, an author and policy analyst who teaches at Arizona State University. “And this next commune election is no different but even more extreme in how much control there is at the national level,” he added. But election watchers are looking at the contest between the CPP and 16 other parties for 11,622 seats in 1,652 rural and urban precincts to find out how much support the opposition Candlelight Party can win in the atmosphere and after months of harassment from the ruling party. “Civic and political space in Cambodia has receded and regressed due to what is effectively all-intrusive single-party rule,” said Vitit Muntarbhorn, United Nations Special Rapporteur on the Situation of Human Rights in Cambodia. “The outlook for human rights and democracy in the country remains disconcerting on many fronts, especially in the lead up to the commune elections,” he told RFA. The Candlelight Party has risen from the ashes of the main opposition Cambodian National Rescue Party (CNRP), whose strong showing in previous communal elections in 2017 prompted Hun Sen have the party dissolved, paving the way for his CPP to win all 125 parliamentary seats in 2018. The Candlelight Party was founded in 1995 by Hun Sen’s political rival Sam Rainsy, who is now living in exile facing a raft of charges his supporters sat are designed to keep him out of politics. Candlelight, which merged with another party to form the CNRP in 2012 but is not subject to the opposition ban, is now the second largest political party in Cambodia and the largest opposition party. The party has been gaining steam over the past year. With its rise has come what Candlelight officials say are made up accusations that the party has used fake names for candidates and has put forward candidates in violation of Cambodian election laws. Several Candlelight Party activists have been jailed on allegations of submitting false documents to run in the communal elections. In February, authorities in the northwestern province of Battambang ordered the Candlelight Party to remove a sign from a citizen’s house, even though national officials pledged a free and fair campaign, without political and partisan discrimination. On April 9, Prak Seyha — a party youth leader for Phnom Penh’s Kambol district — was attacked and beaten by a mob. That same day, Choeun Sarim, a party candidate for Phnom Penh’s Chhbar Ampov district, was killed in traffic while traveling by motorbike from southern Cambodia’s Takeo province to the capital, Phnom Penh. His wife said he had been threatened and assaulted prior to his death, which she said was caused by a blow from behind. On April 11, Khorn Tun, a Candlelight Party activist and a commune candidate in Tabaung Khmom province’s Ponhea Krek district — was attacked by unidentified men who threw rocks at her home. Flags and marches The Candlelight Party has sent flags, about 3 million leaflets and party uniforms to its supporters around the country, the party’s vice president Thach Setha told RFA’s Khmer Service. The party plans to march through the streets of Phnom Penh with thousands of supporters on Saturday in an effort to drum up more support. “We urge all activists and supporters to participate in our march to express their support for the Candlelight Party and to show up for a chance,” he said. The ruling party has also been active in shipping out materials for the campaign, but will not hold massive rallies, CPP spokesman Sok Ey San told RFA. “Activists will visit voters’ houses to inform them about the party’s political platform,” he said, adding that the most active days will be the first and last days of the campaign period. The country’s third largest party, the National United Front for an Independent, Neutral, Peaceful and Cooperative Cambodia, a royalist party known as Funcinpec, plans to hold a rally with the party president and about 1,000 supporters in Kandal province in the south, the party’s spokesman Ngouen Raden told RFA. “In each province, working groups will meet voters at their houses,” he said. The National Election Commission (NEC) on Tuesday urged the parties to comply with measures intended to keep the campaigns peaceful and nonviolent. It also asked authorities at all levels to remain neutral and impartial, allowing all candidates access to public places. The NEC is working with authorities to coordinate marches planned by party supporters so that confrontation can be avoided, the commission’s spokesman, Hang Puthea, told RFA. “Until now, there are no negative issues reported yet. I have observed that each party has already prepared for the election campaign tomorrow at 6 a.m.,” he said. The Committee for Free and Fair Elections in Cambodia (Comfrel) has deployed 20 monitors to follow campaigns in Phnom Penh and other areas, Kang Savan, a monitor for the NGO, told RFA. Despite the trappings of a healthy campaign, the contest fails to meet basic definitions of democracy, said Ear. “Managed democracy–if you even call it that–in Cambodia is about giving people little…

Read More

Myanmar junta tribunal sentences 7 youths to death in Yangon

Myanmar’s junta condemned seven youths to death this week in the Yangon region, with a secret military tribunal finding them guilty of murder, a state-run Myanmar’s junta condemned seven youths to death this week in the Yangon newspaper said. The seven, all from all from Hlaingtharyar township in the country’s largest city Yangon Region, were ruled guilty of taking part in the March 6 murder of a ward official suspected of being a police informer and sentenced to death on Wednesday under Section 54 of the Anti-Terrorism Law. As of March 11, military tribunals in the Yangon region had sentenced more than 150 people to death or life imprisonment, RFA reporting has revealed. No executions have yet been reported by the military regime that overthrew Myanmar’s elcted government on Feb. 1, 2022. The seven were identified as Ye Min Naing, Soe Moe, Thant Zin, Daewa, San Shay, Athay Lay and Aye Aye Min. Another youth, Htet Myat Naing, Yangon’s North Dagon township, was also sentenced on Wednesday to life in prison under Section 50(j) of the Anti-Terrorism Law for having links to and collecting money for terrorist organizations. An underground youth activist in Yangon said the military is imposing harsh punishments on young people to discourage them from participating in resistance movements against the junta, the junta newspaper said. “The deliberate arrests of young people and such harsh sentences are attempts to intimidate the youth not to be involved in the revolution. No matter what they do, young people are already determined to march on with this,” he told RFA. Lawyers have argued that the sentences imposed by military tribunals handing down highest sentences on the youth are unjust and punishable. Military spokesman Maj Gen Zaw Min Tun said the government was not targeting young people but was prosecuting violators of the law. According to Thai-based rights group Assistance Association for Political Prisoners Burma, a total of 10,707 people were arrested and 1072 of them were imprisoned between Feb 1, 2021 to May 19, 2022, among them 72 have been sentenced to death including 2 children. And another 41 are sentenced to death in absentia. Translated by Khin Maung Nyane. Written by Paul Eckert.

Read More

Vietnam ethnic minority activist jailed for 4 years for reporting abuse allegations

An ethnic Ede Montagnard minority activist was sentenced to four years in prison on Friday for submitting three reports about human rights violations in Vietnam to “reactionary forces” overseas, another activist who followed his trial said. A court in Cu Kuin district, Dak Lak province, sentenced Y Wo Nie on the charge of “abusing the rights to freedom and democracy” under Article 331 of Vietnam’s Penal Code, said activist Vo Ngoc Luc, who followed the trial developments as they were broadcast over a local loudspeaker. The article prohibits citizens from abusing “the rights to freedom and democracy to violate the State’s interests and the legitimate rights and interests of organizations and individuals.” Rights groups have criticized the statute as providing authorities widespread latitude to crack down on any criticism of the government. Nie participated in several online training courses held by “reactionary forces.” The classes included lessons on religious faith, Vietnam Civil Law, international human rights law, the Montagnard experience in Vietnam, and how to document human rights abuses, according to the online news outlet Congly, the mouthpiece of the Supreme People’s Court of Vietnam. “Learning about human rights is very good — that’s what I told security officers whom I met this morning,” Luc said. “You cannot convict [people] for taking online courses on human rights.” Prosecutors failed to provide evidence to support a second accusation against Nie for “providing false information,” Luc said. “They were all general and ambiguous accusations,” he said. “Saying the sentence was too heavy is wrong,” Luc added. “I would say it was groundless. If we lived in a civilized world, then the court would declare his innocence, set him free right at the trial, and the investigation agency would apologize him.” In its indictment, the Cu Kuin People’s Procuracy said that in 2020 Nie collected distorting and false information and composed three reports on human rights violations and sent them to “reactionary forces overseas” via the WhatsApp instant messaging service. The indictment also said Nie met with the delegates from the U.S. Embassy and Consulate General in Vietnam when they visited the Gia Lai province in June 2020. The judges concluded that Nie’s acts had affected social safety and order, political security and government administrative agencies’ activities, undermining confidence in the regime and at home and abroad. When Nie was arrested in September 2020, Cu Kuin police officers said that they seized “many materials with false content and images slandering, insulting and defaming the prestige and dignity of the party, state, local authorities, the public security forces in Cu Kuin district and in Dak Lak province.” Prior to the September 2020 arrest, Nie received a nine-year jail term for “sabotaging the national unity policy.” In recent decades, many ethnic minority groups in Vietnam’s Central Highlands, including the Montagnards, have been persecuted for their religious beliefs and seen their land confiscated without adequate compensation. The crackdowns tend to ramp up on the groups when they try to fight back and report these human rights abuses, activists said. Translated by Anna Vu for RFA’s Vietnamese Service. Written in English by Roseanne Gerin.

Read More

Philippines deploys buoys as ‘sovereign markers’ in South China Sea

The Philippines has installed buoys and opened some command posts to mark out and assert its sovereignty in waters and islets it claims in the contested South China Sea, the country’s coast guard chief said Friday.   The Philippine Coast Guard (PCG) set up five navigational buoys, each one 30-feet long and bearing the national flag, near Lawak (Nanshan), Likas (West York), Parola (Northeast Cay), and Pag-asa (Thitu) islands from May 12 to 14, Adm. Artemio Abu, the service’s commandant, told a local radio station. Abu hailed “the resounding success of installing our sovereign markers.” On May 17, he said, the coast guard also established new command observation posts on Lawak, Likas, and Parola to boost Manila’s “maritime domain awareness” in the South China Sea, which Filipinos refer to as the West Philippine Sea, and is crisscrossed heavily by international vessels. An estimated $5 trillion in international trade transits through the waterway yearly. Several Vietnamese and Chinese fishing boats, as well as China Coast Guard vessels, he noted, had been spotted in the vicinity of Pag-asa Island, the largest Philippine-held territory that houses a Filipino civilian community. “The ships from Vietnam and China showed respect for the mission we undertook,” Abu said, adding that the Philippine Coast Guard boats were prepared to challenge the foreign vessels in case they interfered with the mission to install the navigational buoys and command posts. In the past, China Coast Guard ships had blocked Philippine vessels on resupply missions to outposts manned by the Philippine Marines in the disputed waters. In November 2021, CCG ships fired water cannon toward Philippine supply boats, which were en route to Ayungin (Second Thomas) Shoal. Sourced from Spain, the buoys are equipped with “modern marine aids to navigation” including lanterns, specialized mooring systems, and a satellite-based remote monitoring system able to transmit data coast guard headquarters in Manila, Abu said. The lack of this capability was highlighted in recent years, when vessels from other claimant states in the maritime region, particularly from China and Vietnam, became more and more present in Philippine-claimed waters. The new coast guard outposts will “improve our capabilities in promoting maritime safety, maritime search and rescue, and marine environmental protection,” Abu said. “These [outposts] will optimize the strategic deployment of PCG assets by monitoring the movement of merchant ships in its surrounding waters and communicating maritime incidents to the PCG National Headquarters [in Manila].” This screengrab from a video clip disseminated by the Philippine Coast Guard on May 20, 2022, shows coast guard personnel near a Filipino navigational buoy deployed in Manila-claimed waters in the South China Sea. Credit: Philippine Coast Guard. Separately, the head of the Philippine Commission on Human Rights lauded the coast guard for its actions in “asserting the sovereignty of the Philippines over the disputed territories where China has constructed artificial islands and interfered with Filipino fishing activities.” “No State should deprive our Filipino fisher folk from carrying out their livelihood in our national territories. The installation of navigational buoys is a notice to the rest of the international community that the Philippines is asserting sovereignty over the Kalayaan Island Group,” Jacqueline Ann de Guia, the commission’s chairwoman, said in a statement Friday.  Chinese coast guard vessels and fishing trawlers have, in recent years, also blockaded or limited Filipino fishermen’s access to their traditional fishing grounds in the South China Sea, such as Scarborough Shoal and the waters around Pag-asa. On Friday, the embassies of China and other states with territorial claims in the sea did not immediately respond to requests from BenarNews for comment. The Philippines, China, Brunei, Malaysia, Taiwan, and Vietnam each have territorial claims in the South China Sea. Indonesia does not count itself as a party to territorial disputes but has claims to South China Sea waters off the Natuna Islands. A 2016 ruling by a tribunal of the Permanent Court of Arbitration affirmed Manila’s sovereign rights to a 200 nautical mile exclusive economic zone and an extended continental shelf, and declared Beijing’s sweeping claim to virtually the entire sea invalid under international law. Beijing rejected the ruling and proceeded to occupy the waters with its vast flotilla of government and fishing vessels. The international community has urged China to comply with the ruling, as other claimant states have made efforts to assert their rights and deploy more of their own vessels to the disputed waters. Marcos: On the way forward with China The coast guard’s installation of the buoys and command observation posts occurred only days after the Philippine general election, in which Ferdinand Marcos Jr. won the presidential election in a landslide, according to an unofficial tally of votes. On July 1, he will succeed President Rodrigo Duterte, who will be leaving office at the end of a constitutionally limited six-year term, during which he cultivated warmer bilateral ties with China and was seen as relatively soft on the issue of territorial disputes. The installations also took place in the same week that Marcos had a “lengthy” telephone call with Chinese leader Xi Jinping, who congratulated him for his victory in the May 9 polls. “We talked about the way forward for the China-Philippine relationship,” Marcos said in a statement on May 18. “So, it was very good, very substantial.” Marcos, 64, is widely seen here as someone who would carry on with Duterte’s friendly policies towards Beijing over the maritime issue. “I told him that in my view, the way forward is to expand our relationship, not only diplomatic, not only trade, but also in culture, even in education, even in knowledge, even in health to address whatever minor disagreements that we have right now,” Marcos said. “And I told him that we must not allow what conflicts or difficulties we have now between our two countries to become historically important,” he said. BenarNews is an RFA-affiliated online news service.

Read More

Myanmar junta gets effective diplomatic downgrade as a result of military coup

Myanmar’s 15-month-old military junta is suffering a diplomatic downgrade as Western and some Southeast Asian neighbors are withholding ambassadorial appointments to the country and increasingly meeting with elected officials overthrown by the army early last year, diplomats said. The trend of posting a number two in missions comes as the junta has been shunned by the Association of Southeast Asian Nations (ASEAN), which held a summit last week with the U.S. in Washington, where Myanmar was represented by an empty chair symbolizing rejection of the February 2021 coup. The Australian Foreign Ministry said in a statement on May 16 that Australia has appointed a senior official to replace its ambassador in Myanmar, Andrea Faulkner, who completed her tenure last month. Britain likewise downgraded its ties with Myanmar from ambassadorial level to chargé d’affaires level in August 2021. The junta found that unacceptable and the British Ambassador, Pete Vowles, who went abroad on business, was barred from re-entering the country in February 2022. “The UK has a longstanding policy and practice of recognizing states, not governments,” Stephen Small, the embassy’s liaison officer, wrote in an emailed reply to RFA’s Myanmar Service. “We are engaging with the junta only where strictly necessary to deliver our political, development and humanitarian objectives and [for] the functioning of our embassy,” he added. “Changing the status of our head of mission ensures we can continue our role supporting the people of Myanmar without giving the military credibility by presenting our credentials to the Commander-in-Chief,” said Small. Vowles arrived in Myanmar in August 2021, seven months after the coup, and refused to hand over his credentials to the junta. In April the military regime told the embassy it would not accept him as ambassador any longer, the spokesman said. London did not recall Vowles, but decided to let him head the mission at a lower level and he is waiting for a new visa and entry permit for Myanmar, said Small. Police stand guard near the US embassy during a demonstration by protesters against the military coup in Yangon, Feb. 22, 2021. Credit: AFP Shunning an ‘unethical group’ Germany has likewise downgraded its representation in Myanmar, said embassy press officer Markus Lubawinski. “I can confirm that the German Embassy in Yangon, where we continue with our embassy work, is headed by a chargé d’affaires,” he wrote in an email to RFA. “The reduction from ambassadorial level to charge d’affaires, is, in layman’s terms, degrading,” said Kyaw Swa Tun, the third secretary at the Myanmar Embassy in Washington who joined the opposition after the coup. “It’s like saying we don’t need to pay attention to an unethical group,” he told RFA. “At present, most countries, including Europeans, have lowered their statuses in dealing with the regime. It also shows that they are not recognizing the junta and thus, the junta’s role is downgraded,” added Kyaw Swa Tun. Min Zaw Oo, executive director of the Myanmar Institute for Peace and Security said countries lowered the level of their diplomatic representation to avoid the poor optics of recognizing the junta. The regime is estimated to have killed at least 5,600 civilians in nearly 16 months since the coup. “When an ambassador comes in, he has to be officially recognized by the head of state. So, they do not want a big blaring photograph in the newspapers showing the current junta leader accepting their new ambassadors,” he said. Diplomatic sources in Yangon say Denmark, Italy, Israel and South Korea are considering following Britain, Germany and Australia in downgrading their level of representation. The U.S., European Union and Japan, however, are maintaining ambassadors at their embassies in Yangon. Hiram J. Ríos Hernández, spokesman for the U.S embassy in Yangon told RFA in an email that the US will continue to put pressure on the junta to return to the path of democracy in Myanmar. “Amb. Thomas Vajda presented his credentials to democratically elected President U Win Myint on January 19, 2021,” he told RFA by email. “The U.S. will continue to press the military regime to cease its violence, release all those unjustly detained, provide unhindered humanitarian access, and restore Burma’s path to democracy.” Zin Mar Aung, foreign minister of the National Unity Government, speaking with RFA during her visit to Washington May, 12, 2022. Credit: RFA Outreach to the NUG The European Union (EU) embassy in Yangon has said it will not change its current ambassadorial post, a spokesperson told RFA on behalf of Amb. Ranieri Sabatucci. “The EU does not envisage any change to my accreditation for the time being. The movements in the diplomatic sphere do not have any effect on our dealings with the military council,” he said, using a shorthand for the junta. Germany and Britain, the colonial ruler of what was formerly called Burma, and the EU have held meetings with representative of the country’s National Unity Government (NUG), a parallel administration made up of former lawmakers and officials of the government of leader Aung San Suu Kyi. “The federal government in Germany has spoken to individual members of the NUG. These exchanges have been made public,” said Lubawinski. “The U.K. sees the NUG as an important stakeholder for resolving the crisis,” said Small of the British Embassy. “The EU is having informal exchanges with the NUG. These are entertained by and from a number of interlocutors including our HQ in Brussels, the EU Mission to ASEAN and the EU Mission to the UN in New York,” said the EU mission in Yangon. “The EU retains the right to entertain relationships with any relevant party in Myanmar, including the NUG,” the statement issued on behalf of Sabatucci. Analyst Kyaw Swa Tun said that although the NUG has not yet been officially accepted by the international community, these contacts can been as a sign the group in increasingly being recognized as a legitimate government. Zin Mar Aung, who represents the NUG on the world stage, held key meetings on the sidelines of the U.S.-ASEAN summit in Washington last week with Wendy…

Read More

Vietnamese attorneys face abuse from police when defending their clients

Attorneys in Vietnam say their ability to defend their clients in court is being undercut by threats and physical abuse the lawyers themselves face, often at the hands of state authorities. Defense lawyers in civil cases and politically charged ones said they not only encounter the usual obstacles to their work in a country with a long history of corruption — long pre-trial detentions of clients, witness intimidation, and politically motivated charges — but they also have been threatened and, in some cases, beaten by police and investigators who want defendants to be found guilty. Attorney Le Hoang Tung from Everest Law Firm filed a complaint after he was assaulted this month by an investigator while meeting with police officers in Ho Chi Minh City. City police denied the accusation on Wednesday, saying that the investigator did not assault Tung and that the lawyer was injured when he slipped and fell. They failed to explain why there were shoe marks on Tung’s shirt — evidence supporting the accusation that the investigator kicked the lawyer. In response, the Vietnam Bar Federation (VBF), which protects the rights of lawyers, submitted a request to police to investigate the incident, and to act against people who abuse attorneys or otherwise interfere with their ability to practice law. Attorney Nguyen Van Hau, a standing member of the VBF, told RFA on Wednesday that the organization sent requests to the directorates of the Ho Chi Minh City police and procuracy, which must provide public responses and handle the case in accordance with the law. “As for our part at VBF, we will monitor [the case] and protect the legitimate rights of lawyers participating in legal proceedings,” he said. Vietnam’s Law on Lawyers ensures that attorneys have the right to take part in legal proceedings, provide legal services, and protect justice, individuals and organizations’ rights and interests, and citizens’ rights to democracy and freedom. “No one can violate these rights,” Hau said. Tung’s case appears to involve the wrongdoing of single person, he said. “Sometimes, after lawyers raise an issue, the two sides [lawyers and investigators] start to argue with each other, and then they lose control,” said Hau. “If violations are detected, they should be handled properly and seriously. According to the Constitution, the body of a person is inviolable. Assaulting an ordinary person is already an infringement.” Defending their rights Other lawyers have suffered physical attacks in recent years. In November 2015, attorneys Tran Thu Nam and Le Van Luan were attacked by a group of eight people wearing face masks after they visited Do Thi Mai, whose son, Do Dang Dung, had been beaten to death at a temporary detention center. Prior to that, Mai said that Hanoi police had forced her to refuse access to lawyers. Nam and Luan then met with her to learn more about the case. In November 2021, attorney Ngo Anh Tuan from the Hanoi Bar Association reported that local police chased him away when he visited a client in Thanh Khuong commune, Bac Ninh province. “I will fulfill the responsibilities and protect the dignity of a lawyer until the last day I have my lawyer’s card,” he wrote on Facebook at the time. “I will have zero tolerance and will fight against all the violations of mine and my colleagues’ lawful rights.” Attorney Nguyen Duy Binh was representing colleague Tran Vu Hai, who as a lawyer defended political dissidents until he was accused of tax evasion, when Binh was forcefully escorted out of the courtroom by police for asking a defendant if the court had denied her request to petition five other lawyers to represent her. Binh was detained for a short time, before being released. Speaking about the incident, Binh told RFA on May 18 that he had been treated violently at least three times by people working in the justice system and that police had confiscated his mobile phone and deleted all of his data. Binh said that more attorneys are being assaulted by police due because Vietnam’s judiciary system” that enables investigative agencies and police investigators to prevent lawyers from doing their job. “Investigators don’t want lawyers to get involved in the cases they are working on because lawyers will make it harder for them to accuse suspected people and prove them guilty,” he said. “Perhaps, they think that lawyers will give advice to their clients in accordance with the law, making their clients more confident in answering questions and issues raised by investigative agencies,” said Binh. Lack of judicial independence In its annual worldwide human rights report last year, the U.S. State Department identified the lack of judicial independence as a key shortcoming in Vietnam. “The law provides for an independent judiciary, but the judiciary was effectively under the control of the [Communist Party of Vietnam], it said in the report, covering the year 2020. “There were credible reports political influence, endemic corruption, bribery, and inefficiency strongly distorted the judicial system,” it added, noting that “most, if not all, judges were members of the CPV.” Observers say attorneys who work as defense lawyers in political or sensitive cases are more likely to be assaulted. The number of cases in which police officers “raised their arms” or “lifted their legs” and “bumped” into people, including lawyers, with the intent to injure them have become common, attorney Dang Dinh Minh told RFA Wednesday. “Even lawyers who have good understanding of the law are sometimes victims of this problem,” he said. He suggested that authorities take a hard look at the problem and prosecute perpetrators. “Calling it by its true name would make it easier to address the issue in accordance with the law,” Minh said. “This is not only a sanction but also a deterrent to prevent the violation from being perpetuated. It would also help the relationship between citizens and law enforcement officers be healthy again.” Translated by Anna Vu for RFA’s Vietnamese Service. Written in English by Roseanne Gerin.

Read More

Conflict between Myanmar’s proxy forces may outlast a political resolution

Pro-military Pyu Saw Htee militiamen and anti-junta People’s Defense Force (PDF) paramilitaries are engaged in what will likely become a protracted conflict in Myanmar with no formal process in place to mediate between the two civilian proxy armies, an analyst said Wednesday. In September, Myanmar’s shadow National Unity Government (NUG) declared war on the junta and ordered allied PDF groups around the country — formed to protect civilians from the military in the aftermath of its Feb. 1, 2021, coup — to attack junta targets. In areas where the PDFs were the strongest, such as in Magway and Sagaing regions in the north and west, the junta armed and trained groups of citizens who support military rule, forming the militia groups now known as the Pyu Saw Htee. The militia — whose name is derived from Pyusawhti, the legendary founder of the first Burmese kingdom — was given carte blanche to make arrests, seize property, kill PDF members and destroy villages, sources have told RFA’s Myanmar Service. More than 15 months since the military takeover, the two proxy forces have grown substantially and regularly clash throughout the country, where many of their fighters live virtually side by side as residents of neighboring townships and villages that support either the NUG or the junta. Min Zaw Oo, executive director of the Myanmar Institute for Peace and Security (MIPS), said that even if the junta and the NUG hammer out a resolution to Myanmar’s political crisis, the conflict between the Pyu Saw Htee and the PDF may well continue far into the future. “These are conflicts that are not easily ended,” he said. “It’s different from dying in a battle — war can end if a ceasefire is agreed to by two armies. … But such killing between civilians is not easily forgotten. This is a problem that will remain for decades to come. The mistrust will fester and remain a black mark on our society.” Observers say that between 150 and 200 civilians are killed each month in Myanmar — not on the battlefield, but during violent raids on villages that have in some cases resulted in massacres. The Institute for Strategy and Policy (ISP Myanmar), an independent research group, recently said it had documented the killing of at least 5,646 civilians across the country between the time of the coup and May 10, 2022. The current chaos is the result of the junta’s failure to control the violence, whether willingly or not, Min Zaw Oo said. A member of the People’s Defense Force in Kayah state’s Loikaw township. Credit: Loikaw PDF Forced recruitment Despite international pressure to defuse the situation through inclusive talks with all of Myanmar’s stakeholders, the junta has not only refused to meet with the NUG, which it calls a “terrorist organization,” it is forcibly “recruiting” Pyu Saw Htee fighters to battle the PDF in regions such as Sagaing and Magway, sources said Wednesday. Moe Gyi, a resident of Kan Doe village in Magway’s Gangaw township, told RFA that a joint force of junta troops and Pyu Saw Htee fighters entered the tract on May 13 and ordered people there to form a militia. “They told us to form a Pyu Saw Htee group within a week and said they would set the village on fire if we didn’t do so,” he said. According to Moe Gyi, a Buddhist monk from the village refused, and the junta forces promised to return in seven days. “There will be violence,” he said, adding that many residents have fled in fear of the military, which is “expanding their control to the south” of the township through the formation of Pyu Saw Htee militias. Other sources told RFA that the junta has provided training and weapons to the Pyu Saw Htee in Gangaw’s nearby Myauk Khin Yan and Han Thar Wa Di villages under the direction of “Bullet” Hla Swe, a former member of Parliament for the military proxy Union Solidarity and Development Party (USDP). USDP spokesperson Nanda Hla Myint said that although the party has not instructed its members to attack the PDF, it would “not stop” those who do. “We don’t have a party policy directing members to take up arms,” he said. “But it is their right to participate in programs set down by the local authorities, depending on the security situation in their area, so we have nothing to say about it.” Reports of forced recruitment into pro-junta militias were echoed by a resident of Sagaing’s Pale township named Zaw Zaw, who told RFA on Wednesday that fighters from two Pyu Saw Htee camps in the villages of Imahtee and Zeebyugone have threatened to harm area inhabitants if they do not fight the PDF. “People were told that food and water supplies will be cut off if they do not take up arms,” he said, adding that the junta is “exploiting” them because it does not even bother to maintain lists of Pyu Saw Htee fighters killed in operations against the PDF. An aerial view of Chaung Oo village, in Sagaing region’s Pale township, where junta troops and Pyu Saw Htee fighters burned more than 300 homes, Dec. 18, 2022. Credit: RFA ‘Working for the peace of the community’ The junta has repeatedly denied reports that it is behind the expansion of the Pyu Saw Htee, insisting that villagers are willingly and independently forming militia units to protect themselves from the PDF. Junta deputy minister of information, Maj. Gen. Zaw Min Tun, on Wednesday denied reports that the military is forcing villagers to form militias. “If there is a real need, we will provide training,” he said. “During the training, we teach them not only how to shoot but also what rules to follow, as well as the duties and responsibilities that any ordinary soldier should know. We are working for the peace of the community in a systematic way.” Zaw Min Tun said PDF groups “often attack villages when they hear that a militia unit has been formed,” and…

Read More
site logo

An uneasy truce is under threat in Myanmar’s Rakhine state

Tensions between Myanmar’s military and the Arakan Army (AA) insurgent group are rising in the restive western state of Rakhine, although an uneasy ceasefire remains in effect for now, residents in the area told RFA. In late 2020, the AA agreed to end about two years of intense fighting with Myanmar’s military. The ceasefire was tested in February when the military attacked two AA bases in Rakhine, prompting new clashes in the area, sources told RFA at the time. Although the skirmishes did not lead to an all-out conflict, locals say tensions remain high and fighting could soon resume. The AA’s commander-in-chief, Maj. Gen. Tun Myat Naing, tweeted a warning to the leader of the junta’s Western Command, Htin Latt Oo, as the military and the AA work to establish a presence in towns like Minbya and Rathedaung. “We saw heavy security in Rathedaung Township since about a week ago,” Kyaw Min Khaing, a resident of Rathedaung, told RFA’s Myanmar Service. “It seems like both sides are ready for a full-scale battle. There are lots of them, in full force, both inside and outside the town. So, people are worried about a renewed fighting.” Soldiers from both sides are said to be facing each other in several Rathedaung villages, including Chaung, Aung Thar Si and Hteeswe. “Our people are worried because there are similar tensions in other areas,” said Annthar Gyee, a resident of Minbya, a town of 170,000 people where junta and AA forces have confronted one another. “There could be new fighting breaking out at any time. This time it could be bigger than before. What will happen if there is renewed fighting? We are worried about the consequences,” Annthar Gyee told RFA. On May 15, the AA said in a statement that the junta was deploying more forces in Rakhine, including areas controlled by the United League of Arakan (ULA), the AA’s parent political organization. The AA’s statement indicated that it viewed the junta’s activities to be a threat to the ULA’s administrative authority. Residents told RFA that junta soldiers are stationed in Taungup, Kyaukpyu, Ramree, Pauktaw and Ponnagyun to monitor AA activities in Rakhine, especially in Muslim villages. They also urge villagers not to support the AA and to inform them about the AA’s activities. The AA has called on the public to be vigilant in case tensions boil over and fighting erupts. Junta spokesman, Maj. Gen. Zaw Min Tun, told RFA that the military is only trying to promote security in the region. “We have to do what is necessary for security. What we are seeing lately is the AA’s statements about the current worrisome situation and the possibility of renewed fighting,” he said. “So, the question we want to ask is, What kind of attitude did they have when they issued such statements? We have to think about whether they are asking for some fighting,” Zaw Min Tun said. AA spokesman Khaing Thukha said what happens next will be determined by the junta’s activities in Rakhine. “We will take necessary action, depending on the political or military moves of the Myanmar army,” Khaing Thukha said. Disruptive activities by the military have brought the people of Myebon township to the brink, Pe Than, a former member of Myebon’s People’s Assembly, told RFA. “If the Myanmar army continues to harass and arrest our people or disrupts our judiciary practices, as they have been doing, I don’t think it’ll be long until we see new fighting.,” Pe Than said. “Troops from both sides are in close proximity on the ground and if new fighting were to occur, it’d be quite intense,” he said. He said the current ceasefire in Rakhine was a matter of mutual agreement that could be undermined without clarity between the two sides. Despite a ceasefire between the AA and the military, there are tens of thousands of people that have been displaced by the fighting between December 2018 and November 2020 and are still unable to return to their homes. Translated by Khin Maung Nyane. Written in English by Eugene Whong.

Read More

Hong Kong could move to block Telegram app, citing ‘privacy violations’

Authorities in Hong Kong could move to block the popular Telegram messaging app, amid fears that the city could gradually be moving towards mainland China-style internet censorship. Privacy Commissioner Ada Chung told a Legislative Council (LegCo) committee on Monday that the government remains concerned about doxxing and other violations of personal data privacy, and that her office is looking at blocking Telegram to address the issue. Chung’s office issued 227 takedown orders to 12 online platforms between Oct. 8, 2021 and Dec. 31, 2021, requesting the removal of posts that revealed people’s personal details, something that was criminalized in an amended Privacy Ordinance last October. She said around 80 percent of the 1,111 posts had been removed. Chung said her office had also been involved in having people arrested for posting information about LegCo members — all of whom were elected from a slate of candidates strictly vetted for their loyalty to the ruling Chinese Communist Party (CCP) — and their family members online. Such information, if it led to knowledge of lawmakers’ business interests and political connections, might be considered in the public interest elsewhere. Chung said her office was fighting an ongoing battle to prevent personal information being posted online, as people often repost the information after the takedown order has been implemented. She said it was much harder to enforce the law when it came to online platforms headquartered overseas. Chung said the newly amended law gives her office the power to restrict access to platforms that don’t comply with the city’s privacy laws, adding that her officials are compiling a blacklist of non-compliant platforms. Forum for social activism The pro-China Singtao Daily newspaper identified Telegram — which was widely used to coordinate civil disobedience and other actions during the 2019 protest movement — as the chief area of concern for the government. “Since 2019, the Privacy Commissioner has noticed that many of the messages that originated in Hong Kong were sent from a few groups on Telegram, and that most of them were political in nature, or involved the continuation of social activism,” the paper said. “Those targeted included government officials, LegCo members and even regular citizens.” Telegram said on Wednesday it was “surprised” by the claims of doxxing made by Hong Kong officials. “Doxxing content is forbidden on Telegram and our moderators routinely remove such content from around the world,” spokesperson Remi Vaughn said in a statement emailed to RFA. It said that while doxxing, illegal pornography or calls to violence would be deleted, the company wouldn’t carry out political censorship. “Any requests related to political censorship or limiting human rights such as the rights to free speech or assembly are not and will not be considered,” the statement said. Meanwhile, exiled Hongkongers in the U.K. are using public spaces to evade political censorship that would be meted out to them at home under a draconion national security law imposed on Hong Kong by the CCP, banning public dissent and political opposition. Art curator and former pro-democracy district councilor Clara Cheung moved to the U.K. with her family after it became clear that opposition politicians were increasingly being targeted under the national security law, which took effect from July 1, 2020. Now in Manchester, Cheung has put together an exhibit titled “The 24901-mile-wide Red Line,” showcasing works from Hong Kong artists that can no longer be publicly displayed in their home city. Milk Tea Alliance She also invited artists from Thailand and Myanmar, whose own protest movements were supported by Hong Kong protesters as part of the Milk Tea Alliance, to exhibit. The 24,901 miles refers to the earth’s circumference, and Beijing’s attempts to extend censorship far beyond China’s borders to the entire planet. Many of the works in the show would have been entirely unproblematic in Hong Kong just a few years ago, Cheung said. She said the exhibit was intended to encourage Hong Kong artists to keep testing the limits of government censorship. “Otherwise, the creative space will get smaller and smaller, and the red line will be more and more entrenched,” Cheung said. “Everyone will get squeezed tighter and tighter by the white terror,” she said, using a term that originated in Taiwan to describe political crackdowns on dissent under the authoritarian rule of the Kuomintang, which ended in the 1990s. “The people in charge of Hong Kong are giving us the impression … that curbs are actually more severe than those in mainland China,” Cheung said. “It’s as if the different departments in the Hong Kong government, like the state security police, prosecution service, etc, are fighting among themselves to see who is more loyal [to Beijing].” A Hongkonger viewing the exhibit who gave only the nickname A Chin said dissidents in Myanmar appear to have it still worse, however. “One artist in Myanmar died after being tortured for 12 hours … I don’t even know what to say to that; it weighs heavily on me,” A Chin said. “But it’s important for those of us who are still alive to see what we can do … you can’t stay in the pain of the past forever.” Translated and edited by Luisetta Mudie.

Read More