“Infodemic” and SDGs: Internet Freedoms in Southeast Asia
Download full report “Infodemic” and SDGs: Internet Freedoms in Southeast Asia, evaluates the impact of the ‘infodemic’ on internet freedoms in Southeast Asia. Using the Sustainable Development Goals as an indicator, the study analyses how the pandemic has exerted a debilitating effect on the development of internet infrastructure, fundamental freedoms and access to information as articulated in SDG 9.C (Access and Affordability of Internet) and SDG 16.10 (Fundamental Freedoms and Access to Information). The report further highlights that a suite of existing legislation and emergency measures—used by governments to silence their critics, rather than repress the infodemic—have served to regress fundamental human rights. In Southeast Asia, a key point is that governments have strived to define the infodemic as purely citizen-induced, in order to provide justification to enact repressive legislation that suppresses online debate and disregards human rights, while ignoring their role in also contributing to the infodemic. The report provides recommendations that encourage strengthening adherence to the SDGs targets, helping to combat the infodemic without infringing on internet freedoms. This report is a joint project with the Thai Media Fund.
Asia Centre and Destination Justice Sign MOU
Asia Centre and Destination Justice signed a Memorandum of Understanding on 4 July 2021. This MoU marks the start of the organisations’ collaboration on Thailand related projects, starting in 2021 and builds on 5 year of prior cooperation on regional issues. On 28 July 2021, Asia Centre and Destination Justice, together with other partners filed a submission: “Protection of Human Rights in the Context of Peaceful Protests During Crisis Situations” to the Special Rapporteur on the Freedom of Assembly and of Association. The submission draws attention to the protection of human rights activists and protesters in the context of crisis and emergency situations and the ensuing limitations to freedom of movement. The submission follows an op-ed “Thailand faces the spotlight on human rights” which was published in the Bangkok Post on 23 July 2021. In that piece both Asia Centre and Destination Justice highlighted the human rights situation of activists and protesters in Thailand, particularly to the very stringent bail conditions they were being subjected to. Earlier on 23 February 2021, Asia Centre contributed and co-sponsored a joint UPR Submission together with Destination Justice, “Human Rights Defenders and Fundamental Freedoms in Thailand” on 24 March 2021. The submission focuses on human rights defenders (HRDs) ranging from first-time protesters through to seasoned human rights advocates. The submission details how fundamental freedoms have been eroded in Thailand, particularly under the COVID-19 related emergency rule. In the Thai pipeline is a briefing note on the proposed Thai Supporting and Promoting Civil Society Organisation Act (SPCSO) and Law on Operations of Non-for-profit Organisation (LONGO), both aim to strengthen government control over local, regional and international CSOs and NGOs. Asia Centre and Destination Justice plan to study these laws and assess their alignment with international standards. This MoU also formalizes pre-existing collaboration between the two organizations: In August 2019, Asia Centre’s Dr. James Gomez met with Doreen Chen, Director of Destination Justice, met on the sidelines of the International Conference on Protection of Rohingya Survivors and Accountability for Genocide at Sogang University, South Korea. Thereafter, both organisations were part of a coalition that drew attention to and called for the boycott of businesses that collaborate with the Myanmar military. However cooperation between the two organisations began in 2016, when Céline Martin, then Destination Justice’s Litigation Program Coordinator based in Cambodia, participated in the Centre’s 1st International Conference of Asia Centre: Universal Periodic Review (UPR) in Southeast Asia, An Evidence-Based Regional Assessment. Ms. Martin subsequently participated as a speaker for Asia Centre’s 2nd and 3rd International Conferences on National human rights Mechanisms in Southeast Asia: Challenges of Protection (2017) and Business and human rights: Holding Governments Accountable in Asia (2018). Moving from the 3 international conferences in Bangkok, Destination Justice and Asia Centre had extended their collaboration into Cambodia on the Universal Periodic Review by co-convening a seminar entitled “Advocating for human rights in Cambodia: Is the Universal Periodic Review Effective?” on 3 November 2018, at the National University of management in Phnom Penh. On the occasion of the seminar, Asia Centre released its first book: The Universal Periodic Review of Southeast Asia: Civil Society Perspectives, in which Destination Justice has authored one chapter. Asia Centre signs MOUs with organisations with whom it has a track record of cooperation.The Centre has several ongoing MOUs with INGOs, NGOs, universities and parliamentary networks.
Asia Centre Internship Video
Human Rights Internship at Asia Centre In this Internship informational video, conceptualised, scripted, filmed and compiled by Asia Centre interns, prospective applicants can get an insight into the work at the Centre. It provides an overview of Asia Centre’s activities and the types of tasks interns engage with at the Centre. Submit an application, we look forward to hearing from you! Fill the online application form Here Watch on YouTube
Timor-Leste’s Problematic “Internet” Laws
Timor-Leste’s government must set out clearly defined steps in the drafting process of its legislation, including ensuring there are consistent and adequate opportunities for consultation with the country’s stakeholders. These concerns over inadequate consultation have arisen on the back of three proposed laws on defamation, cybercrime and privacy that stand to impact internet freedoms. The draft Criminal Defamation Law, proposed in June 2020, would reinstate criminal defamation in Timor-Leste’s Penal Code and provide an easy path to criminalise critical opinions against the state or its officials. The draft Cybercrime Law, proposed in January 2021, does not provide adequate protection to human rights defenders who call out rights violations by accessing online data, and poses concerns for data privacy and protection due to its vague nature. While the draft Data Privacy and Protection Law is not publicly available as of 14 July 2021, its provisions must prioritise the protection of citizens’ right to privacy. These “internet” laws are seen as likely to be used to reel online political expression as the country experiences increased internet connectivity and a rise in the use of social media to progress democratic ideals. The sharp scrutiny of government figures and critical debate on digital platforms has resulted in a push for legislation that can be used to crack down on criticism. These were the key issues aired during Asia Centre’s report launch “Timor-Leste: Internet Freedoms Under Threat” held on 14th July 2021, where the Centre shared its report findings on the impact of these laws on the state of internet freedoms in Timor. (watch here). Dr. Ramcharan, Executive Director at Asia Centre in his opening remarks to signify the report launch, made reference to the French Bastille Day – on the same day as this event. He said that this flashpoint of the French revolution had a significant and lasting impact on freedom of expression in France, paving the way for increased political debate and critique. The internet, Dr. Ramcharan added, is the needle that has moved the political debate in contemporary Timor. Dr. James Gomez, Regional Director at Asia Centre, then went on to present the findings of the report. He detailed the impacts that current legislation has upon digital freedom, and the concerns and potential impacts that the new draft laws may have on freedom of expression. The report also provides specific recommendations, enabling the promotion and protection of internet freedoms, freedom of expression and access to information online in Timor-Leste. Contextualising the report, he said that in order to understand the full gravity of the recent legislative developments in Timor, one should look at Southeast Asia as a whole and draw lessons from its experiences. Dr. Gomez directed the audience to examples within the Centre’s other report: Myanmar: Dismantling Dissent – Crackdowns on Internet Freedoms, where it displays that unscrupulous operators in critical sectors such as telecommunications are uncongenial for fostering democracy. Nukila Evanty, Executive Director of the Women’s Working Group, addressed internet freedoms through a gender lens. She highlighted that women and girls everywhere, including in Timor-Leste, continue to face discrimination online. The low affordability of smartphones continues to make internet access difficult for them. However, women are still more active on social media compared to their male counterparts, particularly with the running of small businesses and activism. The elimination of barriers of inequality should be prioritised to enable increased involvement of women in public and political participation. Marta Da Silva, researcher at La’o Hamutuk, highlighted the need for greater consultation with civil society in relation to the legislative drafting process. This however, comes with an issue of language accessibility. Many Timorese do not understand Portuguese, the sole language of parliament, creating a conspicuous information void and making political participation difficult for the majority. She noted that digital security is also a concern. As the country’s critical infrastructure opens up to foreign direct investment, people’s rights to privacy needs assurance, and the government needs to find the means to effectively implement these safeguards. She ended with a call for the promotion of a safe internet space through a ban on pornography and disturbing or graphic images. She believes such a ban would be a good step in preventing sexual assault, online bullying and harrassment. Adilson da Costa Junior, Strategic and Engagement Lead of Oxfam in Timor-Leste, expounded on the need to align the implementation of internet and media freedom-related legislation with transparency and human rights mechanisms. da Costa further elaborated on how the agenda-setting priorities by the government of the day would determine when these internet freedom-infringing laws would be implemented. Legislation is a valuable political tool, it is feasible that the shelved draft defamation law will be passed eventually, as the political impetus exists. Dr Gomez concluded the discussion. Again, while speaking from a regional angle, he made reference to Timor’s continued pursuit of accession to the ASEAN. The authoritarian-heavy nature of the group could potentially compromise Timor’s protection of human rights and internet freedoms, given the groupings’ poor performance in these issues. He emphasised that the implementation of the draft legislation in its current form, risks Timor’s internet freedoms staining the country’s democratic identity. To ensure that Timor protects itself from enacting unjust “internet” legislation and other laws, it needs to clearly signpost the processes for proposed laws. Transparent communication and consultation with civil society and other stakeholders should be at the heart of this process. Asia Centre’s newly-released report “Timor-Leste: Internet Freedoms Under Threat” can be downloaded from (here) and is a part of a series of reports on the state of internet freedoms that include Myanmar and Cambodia Asia Centre works on issues related to freedom of expression. If you like to collaborate with the Centre on evidence-based research, co-coveneing activities or other projects. Send an expression of interest to contact@asiacentre.org
Timor-Leste: Internet Freedoms Under Threat
Download full report Timor-Leste: Internet Freedoms Under Threat analyses the state of internet freedoms against the background of emerging national legislation pertaining to online content and privacy of data. With the rise in internet and social media usage, the scrutiny of government figures on digital platforms has resulted in a push for legislation aimed at cracking down on criticism, and allowing for surveillance and interception of online content. The collection of personal data in a move to digitalise public administration and the economy, furthers the risk of online surveillance of critics. This report examines the potential regression in online political expression that may emerge should the proposed laws and amendments such as the Draft Criminal Defamation Law, Draft Cyber Crime Law and the announced Data Privacy and Protection law be introduced. In order to promote and protect internet freedoms in Timor-Leste, this report provides specific recommendations that can be used as a tool box for freedom advocates to amend, or remove certain provisions in current and draft legislation.
Myanmar: Dismantling Dissent – Crackdowns on Internet Freedoms
Download Full Report Myanmar: Dismantling Dissent – Crackdowns on Internet Freedoms examines the state of internet freedoms in Myanmar. Since the military coup on 1 February 2021, any semblance of true freedom of expression online has drastically deteriorated. It is a sharp decline from the increased user growth and adoption of social media platforms for political expression. This report examines a range of national laws that have been used to impact internet freedoms, namely the Constitution, Penal Code, Electronic Transactions Law, Telecommunications Law, and Law Protecting the Privacy and Security of Citizens in the last 10 years. To ensure the people of Myanmar are able to enjoy fundamental freedoms on the internet in accordance with international law, this report presents specific recommendations that would safeguard internet freedoms, public access to information and freedom of expression.
Asia Centre Internship Podcast
How do I become an Intern at Asia Centre ? EP1 What Does a Media Intern Do at Asia Centre? EP2 How Can I be an Effective Intern at Asia Centre ? EP3 What Does a Research Intern Do at Asia Centre? EP4
Securitisation of Health Protocols: Impact on Vulnerable Communities
In responding to the COVID-19 pandemic, governments across the Asian region have adopted (exceptional) health protocols to contain and arrest the spread of infections, and are now focusing on acquiring vaccines and rolling vaccination programmes. Many of the measures adopted have been characterised by a securitisation of health protocols and have either failed to address the specific needs of vulnerable communities, or worsened their already precarious conditions. To facilitate discussions on these trends, and identify avenues for positive change, on 18 June 2021 Asia Centre, Harm Reduction International (HRI) and UNITE Global Parliamentarians Network to End Infectious Diseases (UNITE) co-hosted a closed peer-to-peer event, “The management of the COVID-19 pandemic in the Asia Pacific Region: good practices and lessons learned”. The meeting featured Ministers and Members of Parliament from Bangladesh, India, Malaysia, Nepal Pakistan, the Philippines, Sri Lanka, and Vietnam who were briefed by WHO officials, experts, and civil society. The aim was to reflect on the various COVID-19 responses and share lessons learned through comparing the experiences and challenges faced by each country. Speaking about the importance of enhancing accountability within the implementation of health protocols, Ajeng Larasati, HRI Human Rights Lead, emphasised the need for countries to discuss and adapt best policies and practices from one another, highlighting the various roles which governments, parliaments, and enforcement authorities have in ensuring just and effective health protocol implementation. In her opening remarks, Dr Adeeba Kamarulzaman of the World Health Assembly Science Council outlined the critical need for the alignment of health protocol with evidence-based and rights-centred research. Dr Kamarulzaman pointed out that amidst an epidemic, the disproportionate effects on health and economic viability are made even more pronounced. Against a backdrop of the backsliding of human rights and the Sustainable Development Goals, the development of health-oriented and multi-stakeholder strategies are imperative in ameliorating the crisis at hand. Dr Tamano Matsui, World Health Organisation’s Programme area manager for health emergency information and risk assessment, provided an overview of the state of the pandemic 18 months after its emergence. Dr Matsui noted that the resurgence of cases can be attributed, among others, to countries’ early lifting of control measures and the development of variants, thus underscoring the need for proper border legislation to mitigate the importation of virus variants. Moving forward, countries must focus on strengthening their detection and response capacities, as well as integrating non-pharmaceutical action within protocols. Dr Nina Sun, Deputy Director of the Jonathan Mann Global Health and Human Rights Initiative at the Drexel University Dornsife School of Public Health, evaluated the compliance of public health emergency responses across the world with human rights standards. A key concern was a widespread lack of judicial review of emergency measures which has contributed to perpetuating discrimination within health protocol implementation, resulting in the poor public health results, as well as negative social justice and human rights impacts. Dr Sun underscored that rights and people-centred approaches are crucial to the overall success of health policies, and thus moving forward, advocated for the integration of science and community needs within the response framework. Dr James Gomez, Asia Centre’s Regional Director, elaborated on how the pandemic has been increasingly treated as a public security rather than a public health threat. Anticipating the findings of the upcoming Asia Centre’s report, “The Securitisation of COVID-19 Health Protocols: Policing the Vulnerable, Infringing their Rights”, Dr Gomez paused on three main securitisation models: militarised, securitised and blended civil response. Presenting data from Indonesia, Malaysia, the Philippines, Singapore and Sri Lanka, he underlined how both securitisation and data surveillance potentially infringe on privacy rights of citizens, and underlined the need for enhanced support directed towards vulnerable groups. The presentations were followed by an exchange of experiences and lessons learned among Ministers and Parliamentarians. Representatives of Bangladesh, India, Malaysia, Nepal Pakistan, the Philippines, Sri Lanka, and Vietnam, Ministers and Members of Parliament (MPs) highlighted the adoption of similar health and social distancing protocols, including border controls, quarantine, curfews and lockdowns. Acknowledging the imperative for a people and community-centred approach in tackling the virus, they also surfaced the pressing need for existing gaps within healthcare systems to be addressed, including hospital vacancy and oxygen provision. Consensus was also reached that a multi-stakeholder task force is necessary in ensuring the proper integration of health leadership and government accountability within protocol implementation, as well as in enhancing the country’s readiness capacity. Additionally, Parliamentarians underscored the urgency of complementing preparedness measures with the long-term solution of vaccination programmes. Ministers and MPs alike pleaded with the international community to ensure equitable vaccine distribution. In spite of having the financial capability to procure vaccines, most cited supply disruptions and ‘vaccine apartheids’, resulting in relatively low vaccination rates in the Asian region. Moreover, in larger countries, inherent gaps within vaccine administering have caused wide inequalities and civic instability. Lastly, within pandemic protocol frameworks, support for vulnerable groups was highlighted as an imperative in ensuring the success of health policies. In light of the pandemic that has exerted a disproportionate effect onto the vulnerable, representatives agreed that extensive protection must be provided. It was also established that enhanced support for the vulnerable would mitigate the spread of the virus. Thus, overall government accountability during declarations of state-of-emergencies was also reinforced during the discussion. The roundtable discussion emphasised the importance of having a multi-stakeholder and community-centred health approach backed by science and evidence-based research. In handling the pandemic, governments must enhance the preparedness of their healthcare systems, provide enhanced support towards the vulnerable and engage in global collaborative efforts that enhance the equitable distribution of vaccines. As a prelude to the full report, The Securitisation of COVID-19 Health Protocols: Policing the Vulnerable, Infringing their Rights, Asia Centre and Harm Reduction International have published an advance briefing note, Waging War Against COVID-19: The Securitisation of the Health Response in Five Asian Countries
Waging War Against COVID-19
Download Waging War Against COVID-19: The Securitisation of the Health Response in Five Asian Countries, evaluates the various health responses enacted by Indonesia, Malaysia, the Philippines, Singapore and Sri Lanka. This briefing note categories the health responses as blended civil, securitised or militarised. Such an approach shows that authorities in the region, tackling the COVID-19 situation, primarily approach it as public security rather than a public health threat. This briefing note is a prelude to the full report The Securitisation of COVID-19 Health Protocols: Policing the Vulnerable, Infringing their Rights.
Timor Leste Risks Downgrading Freedoms With New Laws
Amidst recent pushback to protect internet freedoms, it remains to be seen if Timor-Leste will retain its high rankings in “freedoms” in the long-term, as the country seeks membership in ASEAN, a grouping whose freedom rankings exhibit a sharp decline. While the country ranks highly in terms of academic and press freedom, with internet freedom likely to be on a similar upward trajectory, access to the internet and emerging laws present a challenge. These were the broad assertions made during an online town hall titled “Timor-Leste: Internet Freedoms Under Threat” held on 4 June 2021 by Asia Centre to share its preliminary findings on internet freedoms in Timor and Southeast Asia (watch here) and gather feedback and recommendations in preparation of Timor-Leste ‘s Third Cycle UPR submission. A key challenge to realising internet freedoms in Timor-Leste is its telecommunication infrastructure. With cable connections limited, signals unstable and access expensive in part as a result of limited competition among service providers, there is a correlation between the state of infrastructure and ensuring better access to information. Timor-Leste is currently expanding its internet and cable infrastructure and has approved connecting to Australia’s network at an estimated cost of between 40 to 60 million ($USD). The majority of Timor’s citizens rely on the cellular network to access the internet, however the cost is incredibly high relative to the Gross National Income of its citizens. For example, a block of 10GB of Mobile Broadband Data is USD $25 in Timor with a GNI (PPP adjusted) of $4,970, while in Indonesia it is $6.75 and $11,970 respectively. Overall, the cost of accessing the Internet in Timor-leste is the highest in Southeast Asia by a significant margin. Yet as internet connectivity improves in Timor, the question of whether the country will follow the path of its ASEAN neighbours in restricting internet freedoms, or continue on her democratic trajectory remains. Improving telecommunications infrastructure and accessibility in Timor-Leste has led to the rise of the internet being used to express opinion, scrutinise political incumbents and progress democratic ideals. While Article 40 and 41 provide guarantees on freedom of expression, there is a push in Timor-Leste to reinstitute criminal defamation through draft laws in 2020 (Criminal Defamation) and 2021 (Cybercrime Bill). These laws, primarily articulated by those criticised authorities, seem to be aimed at curbing any just critique or debate. Often, the reasons behind these draft laws have been articulated either by those who feel hurtful, or were not used to the level of transparency and accountability required for an office holder; rather than for the benefit of the community as whole. While the draft law on criminal defamation faced pushbacks from civil society actors and the general populace and appears to be on hold at the moment. The sentiment in Timor that these laws will be implemented is strong. With increasing internet use, issues of data protection are an emerging concern. While Constitutional provisions are present to protect personal data and privacy in Articles 36, 37 and 38, they are considered insufficient. There is a need to ensure that personal data collected is not misused to persecute individuals who share critical opinions of the state, and that data is not shared without permission, as it has done by its ASEAN neighbours. Data protection measures implemented should focus on the rights of individuals, with strong independent oversight mechanisms. It is expected that Timor-Leste will examine new Data Protection laws, however, if we look across Southeast Asia, this trend of legislating against critics is further entrenching and empowering the authoritarian regime. Something that Timor-Leste needs to avoid. Increased internet access has unfortunately resulted in the proliferation of the traditional yet negative cultural notions with which women are generally viewed in Timorese society, for example domestic violence is sadly considered by both men and women as an acceptable form of discipline. This attitude has manifested online in rising hate speech and threats of violence against young girls and women. Laws to protect women and other vulnerable groups on the internet need to be in place and strengthened. Additionally, digital and media literacy in public institutions such as schools and universities should be a matter of priority in order to tackle the issue at the root, particularly against the backdrop of growing internet usage and connectivity in Timor. Timor’s efforts to improve connectivity and introduce new legislation that may curb freedom of expression is a struggle over its own values that led to its independence. Yet, in pursuing accession to ASEAN, an organisation dominated by authoritarian states, the emergence of these proposed draft laws is a concerning hint at Timor-Leste’s new conflict with its own democratic identity. Resistance from civil society groups has been encouraging, yet based on trends in the region it is not difficult to envisage the end result will be a less democratic Timor. Time will tell. As Timor-Leste aspires to be part of ASEAN, it needs to ask itself a hard question whether it wants to join the authoritarian club and behave the same. The event, which was live-streamed, occasionally intervened by representatives from the Timor ICT department and attended by participants from Timor-Leste and Australia, is part of a series of consultations to gather feedback on the Asia Centre’s report on internet freedoms in the country. Asia Centre works on issues related to freedom of expression. If you like to collaborate with the Centre on evidence-based research, co-coveneing activities or other projects. Send an expression of interest to contact@asiacentre.org