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Vietnam’s Skewed Sense of Social Justice

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In what is slated to become Vietnam’s largest graft case in history, nearly 50 elite bankers are on trial in Hanoi for alleged graft and mismanagement in a joint stock bank that led to losses worth $69 million. Among those accused are Ocean Bank’s former chairman and general manager.

They are accused of embezzling $2.2 million and appropriating a further $8.8 million. With the bank now taken over by the State Bank of Vietnam, the trials represent a high-level corruption crackdown by the Communist Party of Vietnam (CPV) – all in the name, naturally, of social justice and equality. The government’s focus on high-level cases, however, shows an inconsistency in tackling structural social justice concerns, since Vietnam’s minorities are still subjected to widespread abuse, discrimination and prosecution.

The CPV is undoubtedly using this trial to present itself as the central force for making Vietnamese society more equal, amid rapid economic growth that has failed to be accompanied by equality of income or opportunities, especially for ethnic minorities. Despite lifting nearly 40 million people out of poverty in the last 30 years, increasing income and wealth inequality is threatening the pace of Vietnam’s progress. Malnutrition rates among ethnic minority children are double those of the majority. Among the ethnic minorities of the Hmong and Dao, who migrated from the mountainous regions of China several centuries ago, only 13 percent children attend upper secondary school, compared with 65% of children from Vietnam’s ethnic majority group, the Kinh.

At the same time, Vietnam’s super-rich class is growing exponentially. A recent 2017 report identified 200 super-rich individuals, a 320 percent surge since 2006. Since these individuals control a disproportionate amount of the country’s wealth (around 12 percent of Vietnam’s GDP in 2014) this widening gap has been weakening the CPV’s claim to a sustained legitimacy, as has the corrosive effect of rising corruption. A Transparency International report has found Vietnam to have the second highest bribery rates for public schools in the Asia Pacific region. It costs up to $3,000 to buy a place at the most sought after public schools, a huge expense in a country where annual average incomes barely top $2,200. According to local media, 200,000 university graduates this year are consequently unlikely to find suitable domestic jobs, leading to a mass exodus of young academics in search of better opportunities abroad.

Facing rising inequality, an exodus of young academics, and a public increasingly infuriated by such unsustainable conditions, the Party is certainly feeling the pressure. But rather than striving to improve the socio-economic environment, CPV General Secretary Nguyen Phy Trong is taking this opportunity to consolidate his power. The August kidnapping of a disgraced government official in Berlin offers a glimpse of the length the party leadership is willing to go in applying its misguided sense of justice, and this year’s trials are no different. The problem is that Hanoi is clearly choosing whose lot it seeks to improve: the party’s attempts at social reform and ongoing anti-graft campaign is decidedly for the consumption of the majority ethnic Kinh Vietnamese.

However, the treatment of the 53 ethnic minorities living in Vietnam leaves much to be desired. The government’s policies for the improvement of minorities in Vietnam have largely been heavily patronizing, and their provisions seem to be frequently ignored. For instance, Program 134, created in 2002, sought to provide support for production and residential land for ethnic minority households, but pervasive land-grabbing has continued unabated. Minority groups in the Northwest have ceded countless acres of territory to Kinh settlers and developers, with state-affiliated firms often extracting concessions for mines, plantations and hydropower dams.

Furthermore, ethnic minorities complain of beatings, arrests and harassment for affiliations with churches or underground political groups. Ethnic Khmer Buddhists, called Khmer Krom, face restrictions on their religious freedom and movement, and often see their scared lands confiscated. A rare protest by Khmer Krom monks in February 2007 demanding the government to lift restrictions on religious festivals and education, was violently broken up by police. Soon thereafter, government-appointed officials defrocked 20 monks, and expelled them from their pagodas. In response, the Khmer Krom have sought to draw links with other minority groups, such as the Hmong and Montagnards, to seek safety in numbers.

It is clear that rather than helping minorities, policies appear to be deliberately left behind. Many of the government’s minority-targeted policies merely pay lip service to a greater developmental goal and in fact perpetuate one of the primary reasons for their pervasive poverty – social exclusion – for fear these groups develop an international profile of their own. Exemplary of this is the Lai Dai Han community, consisting of Vietnamese of mixed Korean descent – the result of brutal rapes committed on Vietnamese women by South Korean soldiers during the Vietnam War. To this day, the South Korean government has not apologized to the victims for the sexual assaults committed by their troops. Today, some 30,000 Lai Dan Han children live on the fringes of society as a result of their mixed ethnicity.

Even worse, Hanoi is not keen on letting the Lai Dai Han issue resurface. However, the community is becoming increasingly vocal in its quest for public awareness and obtaining formal apologies from South Korea’s government. A petition was circulated in 2015, and senior US officials spoke out in their defense. For its part, Vietnam is remaining quiet for political convenience: the country wants to look to the future, and South Korea wants to forget about its role in the war. Therefore, much like the Khmer Krom, the Lai Dan Han have little hope to emerge from the margins of society, let alone receive an apology from Seoul.

Though this month’s sensationalist graft trial seems a step in the right direction for a political party bent on widespread social reform, Vietnam’s relationship with corruption and inequality runs deep. If the CPV were serious about ensuring the benefits of economic growth flow to all Vietnamese, and not just its majority Kinh group, Hanoi has to tackle ethnic inequality. Failing to do so inevitably deepens the social rifts in Vietnam’s rise.

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Southeast Asia

The National Unity Government and the Rohingya Issue in Myanmar: A New Twist?

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In a Twitter message on 3 June 2021, the National Unity Government (NUG) in Myanmar announced a new policy position about the Rohingya issue. Entitled as ‘Policy Position on the Rohingya in Rakhine State’ the NUG unequivocally spells out, “In honour of human rights and human dignity and also to eradicate the conflicts and root causes in the Union, the NUG aims to build up a prosperous and federal democratic union where all ethnic groups belonging to the Union can live together peacefully. This objective is clearly stated in the Federal Democracy Charter.’ The statement further says, ‘We invite Rohingyas to join hands with us and others to participate in the Spring Revolution against the military dictatorship in all possible ways.’

This marks a monumental policy change on the Rohingya issue by the NUG that did not include any Rohingya when it was formed on April 16, 2021. It may be mentioned that the NUG includes a president, state counsellor, vice president, prime minister and 11 ministers for 12 ministries. There are also 12 deputy ministers appointed by the CRPH.  Of the 26 total cabinet members, 13 belong to ethnic nationalities, and eight are women. International community particularly global civil society actors criticized the NUG for excluding the Rohingyas in the newly formed civilian government. It is, indeed, a question about the credibility of the government when it talks about federal democracy, but excludes a community who have been living in Myanmar for centuries.

The new statement from the NUG is a welcome development and an adjustment of their position with a genuine spirit of bringing all ethnic groups together and create a strong platform against the brutal and genocidal military regime in Myanmar. The February 2021 military coup in Myanmar is a watershed political development in the country that has dramatically changed the attitudes and perception oof the Myanmar people and the civilian political forces because of illegality, extreme form of brutality and betrayal to democratic change. The spontaneous social movements by the Myanmar people with a high risk of lives and livelihoods was perhaps unimaginable to the Junta government as well as global community. The civilian political forces possibly did not think such kind of sustained resistance in the form of Civil Disobedience Movement (CDM) in Myanmar where people suffered direct military rule for more than five decades. Military rule was the order of the day in the country.

Against this backdrop, the statement of the NUG deserves a huge attention. Why has the NUG issue the statement? What is the significance of this statement for the status of the Rohingyas and the future of democracy in Myanmar? These questions are vital for establishing the rights of the Rohingyas who have been suffering as stateless people and living in different countries as the forcibly displaced people. Particularly, the presence of the 1.1 million Rohingyas in Bangladesh in the camps of Cox’s Bazar and Bhashan Char is a stark reality and a great casualty of humanity in the present world where a country called Myanmar can force more than a million of its residents overnight and continue to show the defiance not to accept them. The world is virtually silent!

In understanding the significance of the statement of the NUG we can identify several issues that deserve to be taken into consideration. First, the reason behind the change of position of the NUG on the question of Rohingyas is clearly spelled out at the bottom of the statement where they have urged the Rohingyas to join the movement to oust the military regime in Myanmar. It is not only addressed to the Rohingya people, but also to the forces and parties in the world who are supporting the cause of the Rohingyas. From this perspective it has a huge diplomatic purpose to bolster the movement of the NUG and CDM in their fight against the military regime. Particularly, the Western world, the United Nations and the Muslim countries who have expressed their solidarity and compassion for the Rohingyas and have devoted their resources for them. Second, the statement is not just a declaration of support of the NUG to the Rohingyas. It contains a roadmap about solving the Rohingya crisis for which some of the members of the NUG were liable. The leadership of the National League for Democracy (NLD) betrayed with the Rohingyas when their leader Aung San Suu Kyi joined hands with the Tatmadaw in 2011 and ruled the country jointly and ditched the cause of the Rohingyas.

The NLD leader also defended the crimes against humanity of the military leaders in the International Court of Justice (ICJ). It was a true infidelity to the Rohingyas and also to her own long credentials as a fighter for democracy. Therefore, to establish a credibility of their declaration, the NUG shows a way-out to resolve the Rohingya crisis. They have promised to repeal and amend laws such as the 1982 Citizenship laws by the new constitution. This new Citizenship Act must base citizenship on birth in Myanmar or birth anywhere as a child of Myanmar citizens. It is also mentioned that the NUG is in process of abolishing National Verification Cards to recognize Rohingyas as citizens. These two laws have discriminated for Rohingyas as the core ground. The NUG reaffirms to implement the aggrements signed with Rohingya repatriation and also agreed to Kofi Anan’s 88 points recommendations over Rohingya legal rights.

Third, the statement acknowledges the rights of Rohingya people and atrocity crimes they faced in Myanmar. The statement represents a shift from the persecution of the Rohingya by the military junta as well as previous governments, which routinely denied the existence of the Rohingya as well as evidence of mass atrocity crimes they suffered. The statement commits the NUG to ensuring justice and accountability for crimes against Rohingya in Myanmar. The NUG also affirmed its commitment to “voluntary, safe, and dignified repatriation” of Rohingya refugees to Rakhine State. The NUG makes a bold promise, “We will actively seek justice and accountability for all crimes committed by the military against the Rohingyas and all other people of Myanmar throughout our history.” They have gone to the extent of profound redressing of the past crimes and injustice as they say, “We intend if necessary to initiate processes to grant [the] International Criminal Court jurisdiction over crimes committed within Myanmar against the Rohingyas and other communities.”

Fourth, a critical issue is how would the supporters and sympathizers of the Tatmadaw at home and abroad respond to this major policy reversal of the NUG and its leadership who once viewed the Rohingyas in the same eyes as with the Tatmadaw? Understandably, China, Russia, ASEAN, India and several pro-military regime actors would not find it encouraging. They may rule it out at a tactic of the NUG to garner the global support particularly from the UN and West. Fifth, whatever the reactions of the global community, the Tatmadaw would find it a new avenue of diplomatic pressure on them. However, they will rule out this position as the military regime has already declared the NUG as a ‘terrorist’ outfit. Rather, the Tatmadaw would appeal to the Buddhist nationalists and Bamar people that the NUG has a sinister objective to legitimize the Rohingyas as citizens of the country.

Finally, the crux of the matter is that it is a great victory of the Rohingyas to show the world that the successive Myanmar regimes – military and pseudo military – have used false narratives, including branding them as terrorists, to undermine their rights and justice in the country where they have been living for centuries with their own identity. The NUG has made it loud and clear to the world that the military junta in the country is pursuing an apartheid policy and committed the crimes against humanity widely referred as ‘ethnic cleansing’ and ‘genocide’.

In conclusion, to mean the business and establish a credibility of their intention expressed in the new policy position, the NUG of Myanmar should appoint an ethnic-Rohingya member to the cabinet who would help it implement and expand upon its new policy on the rights of Rohingya people. The NUG must continue to highlight meaningful consultation with Rohingya people globally, including Rohingya women. This new twist in the position of the civilian leadership in Myanmar who once reigned power and supported the military regime is critical for the future of the Rohingya issue and if it sustains, then the prospect of democracy in the post-Tatmadaw Myanmar will energize pro-democracy forces and boost global support for the NUG.

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Bargaining and Strengthening position of EEZ: Indonesia’s Diplomacy in South China Sea

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The South China Sea issue is getting more complex and has become an international issue that never ends until now. Because in addition the water areas are rich in natural resources both from energy sources, offshore and fisheries, on the other hand,  the waters of the South China Sea also become a strategic territory because the South China Sea is a trade route that delivers international goods and services with the amount of US$5 trillion. Therefore, automatically, these territories become a bone of contention for many countries especially China and four ASEAN member countries such as Vietnam, Malaysia, the Philippines, and Brunei Darussalam in utilizing natural resources, where the involvement of many countries in claiming ownership of the South China Sea can trigger the occurrence of tension in an area such as the occurrence of conflicts such as there are showing of force between the armed forces, military intervention, and monitoring each other in the territorial waters of the South China Sea. These activities will disrupt the security stability of the South China Sea which triggers the threat of waters and disrupt the stability of neighbor countries that it close to the territorial. Coupled with the existence of China’s ownership claiming of the entire South China Sea through the Nine Dash Line rule, which is an ancient rule that emerged from Chinese history. This rule violates International law and is an illegal act, especially in violation of UNCLOS (United Nations Convention on the Law of the Sea) is an international treaty that was adopted and signed in 1982. In which the treaty emphasizes the existence of national sovereignty over the territorial sea as far as 12 miles from the coast and the Exclusive Economic Zone (EEZ) as far as 200 miles.

The Importance of Bargaining and Strengthening position of EEZ Indonesia Diplomacy In South China Sea

Indonesia has no claim position and disputes in the waters of the South China Sea. Because Indonesia respects the International law of the sea agreement. However, there is Indonesia’s EEZ (Exclusive Economic Zone) which intersects with China’s Nine Dash Line. It is clear that this action violates UNCLOS and has become an illegal action. Because China still maintains the claims and rules of the Nine Dash Line which is a rule that come from Chinese history that is contrary to International Law. It can be proven by the presence of a Chinese Coast Guard ship entering the Indonesian Exclusive Economic Zone in the North Natuna Sea, it can automatically disrupt the stability of Indonesia’s territory and can become a problem and it is obvious that China violates the International norms. Therefore, Indonesia is important to strengthen Indonesia’s diplomatic position in its EEZ (Exclusive Economic Zone) through negotiations with China through South China Sea diplomacy by maintaining its EEZ position to avoid inequality between the Nine Dash Line and Indonesia’s EEZ , especially in the Natuna Sea. Where this diplomatic activity can be used as a more effective strategy because it prioritizes peace or soft power strategy rather than through hard power diplomacies like military which can cause tension between the two countries, especially Indonesia and China. Indonesia and China have established diplomatic relations for 70 years in various aspects, both in terms of economy, education, military, religion, as well as public diplomacy activities that involving people to people strategy in each country as a strategy to maintain the relationship between two countries. As good partner country, Indonesia and China also need to carry out diplomacy activity, especially Indonesia in maintaining and showing a standing position and considering the overlapping Nine Dash Line in the Exclusive Economic Zone which if Indonesia does diplomacy through soft power, both countries will become good negotiating partners. Indonesia and China are coexistence with each other, therefore more comprehensive cooperation is important in discussing problems from various aspects, in particular, Indonesia must strengthen the position of Indonesia’s Exclusive Economic Zone to maintain the sovereign rights owned, especially the Natuna waters.

Therefore, Indonesia is important to negotiate and make a clear standing position in the EEZ by conducting diplomacy that is sustainable and encouraging China not to occupy Indonesia’s Exclusive Economic Zone. As Indonesia has sovereign rights in the waters of the South China Sea which consists of territorial integrity, regional stability, and economic interests. However, with the existence of Indonesia’s Exclusive Economic Zone (EEZ) which has been intersectingwith China’s Nine Dash Line, this has led to a reduction in Indonesia’s sovereign rights which can be feared to disrupt the stability of the international security of Indonesia waters, especially the Natuna Islands which can disrupt many activities such as navigation activities, activities in exploring natural resources, and can threaten the national stability of the country. It because the Natuna Island is an asset that owned by Indonesia which greatly influences the life of civil society in the Natuna Archipelago region and depends on it for their lives by looking for natural resources in the Natuna island. Therefore in addition to economic cooperation, education and others. There is also a need for clear cooperation and certainty from each country, especially Indonesia and China, regarding their clarity in claiming waters without offending the boundaries of the neighboring waters, especially the Indonesian territory in the Natuna Islands through diplomatic activities, which with the existence of diplomatic activities, bilateral negotiations from the two countries. It can be a strategy to achieve peace and prevent conflicts. Because until now Indonesia is dependent on China from any aspect in completing the country’s needs especially through Belt and Road Initiative (BRI), therefore the strategy in maintaining Indonesia’s Exclusive Economic Zone (EEZ) position through bilateral diplomacy can be a great strategy to create peace, without undermined cooperation and diplomatic relations between two countries especially must implement the aim and the purposes of ASEAN  to promote regional peace and stability through abiding respect for justice and the rule of law.

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The thorny issue of the South China Sea between Japan, China and Vietnam

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Photo: Ibrahim Mushan/Unsplash

Japan is a long and narrow island country from North to South and narrower from East to West. Its land surface (377,975 square kilometres) is little larger than Italy’s. It borders the Pacific Ocean to the East and looks across the ocean to the United States of America to the East; to the West it faces China, the Democratic People’s Republic of Korea (North Korea) and the Republic of Korea (South Korea), as well as the Russian Federation by sea but without strategic depth.

The rise of modern Japan during the Meiji Restoration elevated it at the time to the rank of “foundation of all Asian nations”. It opened up thousands of multiple political-military outlets and spread the country’s prestige in all directions. In so doing, it showed Japan’s intention to go beyond its Japanese archipelago and spread abroad.

This was confirmed, in fact, by the forms of continental policy, proposing a line of defence sovereignty and the theory of the Greater East Asia Co-Prosperity Sphere or Greater East Asia Collective Prosperity Sphere, shown in the 1940s.

In response to the situation in the Far East after World War I, Japan implemented a strategy of moving from North to South and in World War II it set for itself the goal of moving its interests to the Republic of China. When the armed forces invaded an internally divided China, due to Japan’s lack of internal resources, the self-sufficiency economic situation was seriously challenged, with the results we all know.

The Socialist Republic of Vietnam is located in the Eastern part of the Indochina peninsula, bordering China to the North, Laos and Cambodia to the West and the South China Sea to the East and the South. It covers an area of 331,212 square kilometres (slightly more than Italy’s). Its coastline is 3,260 km long (excluding islands), and the country stretches 1,600 kilometres from North to South: its narrowest point is 50 kilometres.

Mountains are high in the West and low in the East. Three quarters of the territory is mountainous. In the mid-19th century, Vietnam had no concept of marine economy or trade. However, with the occupation of some oil- and gas-rich areas and islands in the South China Sea, as well as through private development, Vietnam gained huge economic benefits, and has later formulated a series of marine policies since the 1960s.

In 2007, it approved a marine development project with 2020 as its goal. With strategic planning it tirelessly pursued the goals of a “sea power” and adopted a policy to strongly develop the marine economy, combining marine and maritime economy with national defence and security. Vietnam did not give up and fought for every square inch of island land, with the aim of obtaining a favourable strategic position and practical advantages.

As the awareness of maritime sovereignty grew, in the midst of fierce conflicts of national interests and drastic changes in international and regional geopolitical relations, Japan and Vietnam found themselves in the Senkaku (Chinese: Diaoyu), Paracel (Chinese: XishaQuan; Vietnamese: Hoàng Sa) and Spratly (Chinese: Nansha; Vietnamese: Truong Sa) islands.

There has been an open debate on the sovereignty issue. So far the disputes between China and Japan over the ownership of the South China Sea islands have not been properly resolved. The sovereignty of the South China Sea islands has become a serious issue that challenges bilateral relations between China and Japan, as well as the bilateral relations between China and Vietnam.

Indeed, one of the important goals in strengthening Japan’s and Vietnam’s maritime strategies is the use of oil and gas resources, but the dispute over the sovereignty of territorial waters and related exclusive economic zones is the most important issue.

With technological development, the earth’s resources will gradually shrink and be depleted. The ocean’s abundant resources will become the last piece of territory that can offer resources to the earth’s countries. Clearly the division of maritime borders and the island sovereignty between Japan and Vietnam involves the fundamental interests of national territorial sovereignties, and the various maritime measures and policies adopted by these two countries in the maritime sector will have a huge impact on the South China Sea. This impact is also the main reason for the stability of the South China Sea in the future.

As seen above, the issues regarding the South China Sea are complex and the other major player, namely the United States of America, must act cautiously and take precautions when dealing with the issue of these shores. Moreover, the effectiveness of its South China Sea policy should also be measured by whether it favours the achievement of the US strategic goals without coming into conflict with the People’s Republic of China, not least because of the presence of US military bases in the area.

Certainly, the United States will use the so-called South China Sea sovereignty issue in the Asia-Pacific region to incite China’s neighbours in the short term, but it must be said that in the long term the US influence will gradually decrease due to issues of greater remoteness. Dominance is waning, and the course of international relations is changing and cracking traditional hegemonies.

This is the iron law of historical development. China’s rise must therefore ensure the international security and fluidity of the South China Sea. Japan and Vietnam are the main reasons that will influence the stability of the South China Sea in the future.

As a result, China is stepping up the definition and implementation of the South China Sea military and maritime economic strategy. Having a strong ocean capability is the expression of a country’s comprehensive and global value in politics, economics and business, national defence, science and technology.

With the fast development of global industrial modernisation, China is an economically and demographically rich country. In the future, the South China Sea will be an important channel linking China to the rest of the world. The South China Sea and its coastal areas will be key strategic regions, and will cross the economic construction and national defence security of every country bordering it.

Fluidity and prosperity are also the ultimate goal of China’s rise. On the contrary, once wars and conflicts occur in these areas, they will affect and warn China’s economy and national defence security. Therefore, military strategy in the South China Sea outweighs economic value, if the latter is not adequately protected.

The confrontation over the South China Sea is not limited to a specific strategy in the field of maritime economy, but to a mutual development strategy that embodies the will of the coastal countries which, facing the ocean, are confronted with their own future.

At present, China itself is actively pursuing its maritime strategy, starting with maintaining and reclaiming sovereignty over territories traditionally belonging to the Motherland, by undertaking a more advanced military presence. It is also joining other countries in oil and gas exploration, as well as in mining, by strengthening research and sharing based on historical and legal principles.

Strengthening its presence, also through the construction of coastal, offshore and island areas, is a gradual march towards deep and distant seas, in line with the development interests for the South China Sea.

Provinces and cities in countries bordering the South China Sea are also considering the development of marine economy as an important goal, because the ocean is a strategic resource for the sustainable development of mankind and belongs to everyone.

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