President Ho Chi Minh had a dissimilar way of approaching international peace, and he held a view that the way western nations look into revolution and resurgence, particularly in colonial era, was different from what the people aspired. He took note of developments in colonial societies particularly when Turkish women were protesting against the invasion of Western nations and imperialism, and referred to Indian women protests against British domination way back in 1912. In fact, writing way back in 1918, he stated that the defence of India act was the suppression of genuine domestic grievances because it provided the right to arrest and detain suspected Indians. He was always very supportive of the workers and peasants’ movement across the world.
While congratulating the first Prime Minister of India Jawaharlal Nehru on organising the Asian relations conference, he stated that China and India were the big brothers of Vietnam and the most ancient civilizations. Writing way back in March 25th 1947, he opined that solidarity will make the three countries the mightiest defenders forwards peace and democracy. He argued that Vietnam was aspiring for unification and independence, and hoped that the Asian countries will come to their support. He stated that it is pertinent for the neighbours to have friendly relations, and alluding to the five principles (Panchsheela) of Nehru-Chau Enlai joint statement, he added that the five major principles which were enlisted in the joint statement between China and India, and Myanmar and China need to be replicated in the larger Asian context.
After the conclusion of the war with French in 1954, he clearly stated that the major challenges for Vietnam was proper implementation of the Geneva accords and sustaining the economy to upgrade the living standards of the people of Vietnam. Responding to a question asked by a journalist related to Geneva accords implementation in Vietnam, he stated that France being a major country and a colonial power, it is pertinent that the ceasefire agreement is implemented fully and this will ensure trust between the signatories. It is also important that scrupulousness in such kind of agreement so as to bring about peace and tranquillity.
He had time and again alluded to the five Panchsheela principles whenever he was giving any interview to the journalists and scholars. He clearly stated that there is need to respect sovereignty and territorial integrity, refrain from violation of each other’s territorial borders, non-interference in internal affairs, equal treatment for mutual benefits and peaceful coexistence. He opined that taking inspiration from India-China agreement, Vietnam would be willing to implement a similar kind of five principles with other countries, primarily Cambodia and Laos. Related to the illegal occupation of Goa by Portugal, he criticized the illegal occupation of Goa by Portuguese and the support that the US has provided to Portugal for continuing illegal occupation.
He talked about solidarity among Asian and African people and stated that for peace to exist the Geneva agreement should be implemented in full. After the first Indochina war, he stated that it is important that the peace as per the provisions of Panchsheela should be implemented at all levels. He has always alluded to Buddha and Mahatma Gandhi while talking about peace, clearly demarcating the role of culture and religion in maintaining peace. He was clearly against western imperialism and occupation of territories by force by any major power. He was also very clear and in one of the letters written on the eve of an interview given to New Delhi people in India, he clearly specified that the situation of world development particularly after the independence of many developing countries was beneficial for the peace movement. He stated that more than 1200 million Asian African people were in the line of peaceful forces and these people were liberated including those in erstwhile Soviet Union and other socialist countries. He lauded the role played by Asian African countries in peace protection and always supported fight against colonialism and Asian people’s solidarity. He was completely against military race, prohibition against nuclear weapons and hydrogen bomb, dismissing aggressive military forces and demolishment of military bases in foreign countries.
His views with regard to arms reduction and working together to reduce the scourge of nuclear bomb were very specific. While responding to the welcome address during the banquet dinner hosted by president of India Rajendra Prasad in 1958, he stated that “the pugnacious forces has been conspiring to push the mankind to the destruction of war. They are ceaselessly fighting to keep and consoled at peace, India made a big contribution. Peaceful forces are more powerful able to prevent the war but the pugnacious forces do not give up their conspiracy to wage their war.” He was really appreciative of any of the peace initiatives undertaken by any country and he has repeatedly thanked international committee which was chaired by India for supervising and controlling Geneva accord implementation in Vietnam.
President Ho Chi Minh was appreciative of the fact that the essence of Buddhism and culture would strengthen the spirit of love towards the country, national solidarity, and bring about cultural essence which will bring closer the eastern and western cultures. He stated that in terms of Buddhism the core philosophy is peace and the construction of the country.
President Ho Chi Minh was specifically influenced by Buddhism and he had stated that the people should practice the life of holy learning and Buddhist simplicity. Even though president Ho Chi Minh did not write and reflected about Buddhism but his life and career were intertwined with the core philosophy of Buddhism. He was very much interested in implementing the idea of peaceful humanity under Buddhism and ushering in Buddhist consciousness in every society. Ho Chi Minh had an idea that the human affection would help in self-improving human ethics and closer bonding with a larger population. Ho Chi Minh’s ideology included mercy, non-egoism, altruism, self-improvement, exercise of moral ethics, and solidarity spirit among masses. The acknowledgement of Buddhism as the core fundamental of life was slowly acknowledged by the Vietnamese people too and as per Ho Chi Minh, he had acquired the Buddhist ideas from family, national tradition, and the Buddhist way for liberating the country.
Taken into cognizance President Ho Chi Minh objective of peace, he was very much concerned with regard to ethics, solidarity, guaranteeing supreme benefits of the nation, bestowing rights and benefits to the people and ingrained self-consciousness which would bring about sincere affectionate, straightforward introspection. This will help in self-criticizing and unifying characters for the larger benefit of the society. He stated that the national solidarity should be in Sync with the international solidarity. In this context it is important to reflect on the Russia Ukraine crisis and he has been very instrumental in referring to Mahatma Gandhi for his approach towards peace and self-suffering. However, Ho Chi Minh was very attached to this concept of abhorrence of repression of the people and was very critical of any kind of imperialism which would subdue people from realising their ambitions and goals. Ukraine crisis also shows a new kind of geopolitics which will define the world order but he was also critical of the fact that international solidarity should be progressive and aspire for a long-lasting peace.
Amending the Malaysian Immigration Law: The Rohingya Refugees in Malaysia
Denied citizenship in Myanmar, the Rohingya refugees fled to various counties including Malaysia. However, the Rohingyas in Malaysia have been challenged by the Malaysian legal system and also the fact that Malaysia is not a signatory to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. So far, Malaysia does not have any formal legislative or regulatory mechanism to protect asylum-seekers and refugees. Due to this, the refugees in Malaysia are labelled as “illegal immigrants” which puts them at risk of refoulement. The Rohingyas in Malaysia have been subjected to harassment, extortion, imprisonment, and even deportation. One such instance was of forty Rohingya men who were imprisoned during the pandemic for entering Malaysia without a valid permit.
There are certain inconsistencies in the Malaysian legal system in meeting the standards set in international law for the treatment of refugees. Malaysia’s Federal Constitution, which provides the main provisions relating to non-discrimination and equality is inadequate as a non-citizen’s right to equality is protected but not their right to non-discrimination. A differentiation between rights available to citizens and non-citizens that are inherent within the Constitution negatively impacts the rights of non-citizens. Malaysia’s lack of proper domestic legislation for the protection of refugees is another inconsistency within the legal system of the country. Malaysia’s immigration law deals with the treatment of refugees. This law does not have principles of international law embedded within it. An example of the same is the principle of non-refoulement. This principle guarantees that no one should be returned to a nation where they might face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm. Within domestic law protecting refugees could enhance the domestic laws to a substantial level. Section 6 of the Immigration Act 18959/63 (Act 155) iterates that a person shall not enter Malaysia without a valid permit, and Section 6(3) reiterates that whoever contravenes subsection 1 shall be guilty of an offence and receive due punishment including being liable to whipping of not more than six strokes. In this regard, caning as a punishment imposed on refugees, albeit the factor that only adult males under the age of fifty-five are subjected to caning, would amount to torture, and would also violate human rights. Apart from this, a vast amount of powers are conferred on authorities under the Immigration Act, which could lead to arbitrary actions, and since there is also a lack of opportunity to review or challenge the decisions of the court regarding the status of refugees, this must be addressed. Despite having relief to gain restitution via employment tribunals and civil law lawsuits, there are several impediments to accessing justice along with financial hardships that make it difficult to utilize.
Given the limited protections in Malaysia, in my research I have proposed the following legislative amendments:
-The Malaysian Government should consider granting refugees basic rights and not penalising them under the Immigration Act. Punishments such as caning should not be given to the refugees. Since revisions were made to the Immigration Act in 2002, a total of 47,914 migrants have been subjected to caning for immigration violations.
-The Malaysian Government should ensure the protection of women and children refugees through protective measures against sexual abuse and violence. Such a concern has been seen in detention centres. As Malaysia is a part of the United Nations Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women, it needs to provide certain protective provisions. For women and children, alternatives for detention must also be provided under the Immigration Act. Detention should not be seen as the first practice, but rather as the last resort. Detention has an impact on the health and psychological well-being and alternatives such as placement with host families, bail schemes, and support from guarantors or sponsors should be looked into. Even if detention remains the practice, the period of time should be shortened, and there should be a right to appeal.
-Ratifying the Refugee Convention and the accompanying Protocol, or passing a law that governs refugee issues would contribute to the betterment of Rohingya refugees in Malaysia.
In conclusion, while the Malaysian government has experimented with a variety of policy approaches, more coherence and protection are needed. The Government should consider these amendments and work toward a successful approach to protect the Rohingya refugees which could also lead to the betterment of society in Malaysia.
MAHASETH, H., & BANUSEKAR, S. (2022). Living in the Shadows: Rohingya Refugees in Malaysia. Asian Journal of International Law, 1-8. doi:10.1017/S2044251322000091
Expanding the India-ASEAN Cyber Frontiers
The recently concluded India-ASEAN Foreign Minister’s Dialogue (also known as the ‘Delhi Dialogue’) celebrated thirty years of the India-ASEAN relationship. The current year, designated as the ASEAN-India Friendship Year, highlights the significance of strengthening the partnership in an increasingly dynamic regional and geopolitical landscape. For India, ASEAN stands at the core of its vision for the Indo-Pacific, as well as for its Act East Policy. For the ASEAN, India presents the solution for solidifying strategic autonomy as the great power competition between the US and China unfolds in the region.
It is argued that the great power competition is now about ‘technology’. According to this view, power transition theories emphasize the ‘innovation imperative’, and technological progress determines the viability for the ‘continuous rise’ of the rising powers. For India and ASEAN, capability and capacity building in this domain is now paramount to securing national interests.
At the Delhi Dialogue, the Foreign Minister of Singapore remarked that the digital revolution is creating a complete revamp of the means of production and wealth generation for the future. He stressed that “if ASEAN can complement India’s natural leader in the arena, the two can remake not just the next two decades, but at least the next half-century”.
In the cyber domain, India and ASEAN face common challenges and vulnerabilities. While digital infrastructure in Southeast Asia (SEA) has been regularly exploited as launchpads for cyber-attacks worldwide, India has been at the top of the list of victims.
India-ASEAN in the cyber domain
Indian and ASEAN strategies in the cyber domain converge to a great extent. In discussions related to cyberspace governance in the United Nations (UN), both have adopted a balanced approach. Like India, the ASEAN countries want to safeguard cyber sovereignty (the view led by China and Russia), while supporting the multi-stakeholder approach (the view led by the US and Europe). It has been argued that ASEAN countries’ policies are focused more on avoiding social disruptions and controlling the spread of disinformation, than on technology issues. While the latter remains important, the former aspect has gained increasing significance for New Delhi in recent years.
Unlike the US and some of the Western allies, ASEAN countries have so far refrained from using cyber attribution as a political tool. This is similar to India’s policy which has not yet adopted the ‘naming and shaming’ approach towards its cyber adversaries, despite a few instances of indirect inferences by officials and leaders.
A major challenge for India and ASEAN has been China’s exploitation of cyberspace. Over the years, China-based threat actors have wreaked havoc in cyberspace, with motives ranging from commercial espionage to political espionage. An exponential increase in China-linked cyberattacks is witnessed in India and SEA countries whenever disagreements and conflict arise on borders (e.g., the Galwan valley clashes) or in the maritime domain (e.g., the South China Sea dispute).
India-SEA cyber relationship has broadened and deepened over the past decade, both on bilateral and ASEAN levels. India has been part of deliberations on cybercrime, Information and Communications Technology (ICT) security, and emerging technologies at the ASEAN Digital Minister’s Meeting and the ASEAN Defence Minister’s Meeting.
Bilaterally, India-Singapore relations have significantly improved, with the Indian Prime Minister hailing the ‘warmest and closest’ relationship between the two lions (countries). Singapore is among the most active SEA countries in cybersecurity discussions at the UN. It participates in both the UN Group of Governmental Experts (UNGGE) and the Open-Ended Working Group (OEWG) on ‘Developments in the Field of Information and Telecommunications in the context of international security’.
India-Malaysia relations have also improved since the new leadership took reign in 2021. In April 2022, the two countries reviewed the entire gamut of bilateral relations and agreed on a faster revival of ties in the post-covid period. Malaysia is deemed ‘neither a technology powerhouse nor a prolific hacker’. However, Malaysia has worked towards developing a strong national cyber strategy and uses global cooperation mechanisms for enhancing its capabilities in fields like foreign intelligence gathering.
As a natural leader in SEA, Indonesia has championed the ASEAN Outlook on the Indo-Pacific (AOIP). Though Indonesia lacks a comprehensive national cybersecurity strategy, Indonesia’s leadership in the ASEAN framework remains important for developing frameworks for collective cyber resilience. For India, these present excellent case studies for developing an active cyber diplomacy approach and fostering global cooperation mechanisms in the cyber domain.
ASEAN provides the SEA countries with an avenue for advancing strategic autonomy in an increasingly competitive Indo-Pacific. The ASEAN centrality in the region is respected by the West which now seeks to engage the ASEAN countries diplomatically, economically, and politically. ASEAN centrality has also meant that Chinese aggressiveness has driven other regional middle powers like India, Australia, and Japan towards ASEAN, thus elevating its stature further. However, in recent decades, China has made significant inroads in the SEA markets and is now seen as an important political partner as well. Despite concerns over increasing Chinese imprints on SEA’s digital domain, Chinese technological capabilities and policies attract several SEA countries.
The US-China rivalry puts India and SEA at risk in cyberspace as the rivalry will percolate towards allies and partners. In this light, the need is for developing a third way in the cyber domain – a Cyber Non-Aligned Movement (NAM). India-ASEAN engagement can address the technological gaps and cybersecurity issues, without being drawn into the rising great power competition in the region. The partnership can encompass digital infrastructure, 5G technology, cyberspace governance, and the construction of a new South-South paradigm in cyberspace.
As fears of a ‘Digital Cold War’ emerge in the Indo-Pacific, a Cyber NAM can be a significant diplomatic effort towards a peaceful and secure cyberspace.
(Views are personal)
Vietnam’s role in eliminating Khmer Rouge in Cambodia
Right from the time of Ho Chi Minh, Vietnam has adopted a liberal socialist welfare state emulating the erstwhile USSR. Within the historical narrative related to Indochina region the atrocities committed by Khmer Rouge has been listed as one of the darkest periods of history in Cambodia. Khmer Rouge after coming to power were suspicious of Vietnamese intentions and has developed an antagonistic attitude towards Vietnam. There have been skirmishes between the armed forces of the two countries and Khmer Rouge was strongly supported by China at that time. The establishment of People’s Republic of Kampuchea after the defeat of Pol Pot which was a replacement for the authoritarian Pol Pot regime. Led to the re institution of the state institutions and the protection of the religion and trade. The support which was given to the other opposition parties by the US which have fled Cambodia and shortage refuge in Thailand.
The government instituted by Vietnam and the government in exile with Norodom Sihanouk as president and his deputy as Prime Minister, were seen as the two power centres. Vietnam has supported the re-establishment and restoration of public life in Cambodia in the late 1980s because of economic hardships and strong economic boycott adopted by the United States has led to more hardships to the Cambodian citizens. As a result of which Vietnam has justified its intervention in Cambodia to protect the citizens and the hardships brought about by Pol pot regime. Subsequently Vietnam withdraw its forces from Cambodia in 1989. In terms of protection of religion particularly Buddhism and restoration of monasteries large number of Vietnamese have helped Cambodians to adhere to the religion. However, withdrawal of Vietnamese forces led to a power struggle between different factions of Cambodia.
Following the negotiations in 1991 there was a agreement between different fractions which led to the formation of the coalition government under supreme National Council which was headed by Norodom Sihanouk and brought about representatives of the three factions representing different political orientations and royal representatives. The effective control of Cambodia was in the hand of the Phnom Penh regime and the conclusion of a peace agreement in 1991 led to first establishment of peace and protection of human rights across Cambodia.
The disarming of Cameroon was a major issue for the UN operations particularly UN Security Council and therefore it was thought that is structured de-weaponization of the rival factions should be done. Under the UNSC and its mandate way back in 1992-93 the national elections were held in July 1993. These were seen as one of the most free and fair elections across Cambodia. The election of FUNCINPEC led to the return of Prince Norodom Sihanouk to the seat of power. The Khmer Rouge resistance was eroded because of the lack in foreign funding and subsequently thousands of supporters defected to the government and joined Cambodian army. Vietnam has been instrumental in looking into the safe transition and exchange of power between different factions.
While much of the history has been documented but the Vietnamese army sacrifices to free Cambodians from brutal Khmer Rouge regime was not celebrated in the way it should have been. It was seen that more than 30,000 Vietnamese troops were killed before final withdrawal in September 1989. The Vietnamese soldiers underwent serious hardships and were supported by the Cambodians who were helping them in a limited way.
Vietnam’s sending of troops to Cambodia in late 1978 was primarily to protect the millions of Cambodians who have fled the urban centres to rural locations because more than 202 million people have died and executed by the Khmer Rouge regime. The Vietnamese army despite limited rations and supplies have tried to protect the population and because of the Vietnamese attack the Pol Pot fled from Cambodia. Immediately after driving US from Saigon, the engagement of Vietnam in Cambodia was seen as the draining of Vietnamese resources as many of the refugees had started trickling into Vietnamese borders. While Vietnam has fought against French and the Americans their role in Cambodia has been underplayed and many of the Vietnamese soldiers who returned from Cambodia felt that they were not given due recognition by new Cambodian government.
Even Cambodia has been ignorant of the fact that Vietnam was the one country which rescued them from the hardships of regime. In fact, the friendship monument in Phnom Penh clearly reflects the Vietnam’s role in driving Pol pot away. It was also a redemption of Vietnam’s glory and history which showcased that Vietnam could play a significant role in the Indochinese history. If one investigates the four years that they had ruled Cambodia, the brutal regime was responsible for forcing millions of people to work in community farms, but this forced social engineering was detrimental to the society and economy of Cambodia. The bloodshed also had aftereffects because many families died from exhaustion, disease, and starvation.
One of the important aspects of Pol pot regime was the support from the hill tribes and they are known respect for Buddhism as a religion. Pol pot was instrumental in isolating people and abolished money, religion, and private properties. In the history of Cambodia Khmer Rouge regime, the South 21 jail in the capital was seen as notorious because more than 17,000 men, women and children were detained in that centre during the rule of the regime. The full horrors of the regime were discovered when the documented stories and oral history narrated by people in their diaries and verbal communication highlighted the deplorable conditions of living and the killing fields which brought Cambodia to the verge of complete economic downturn and retreating the country to the primitive age.
The UN established tribunal decided and brought Khmer Rouge leaders to justice. In November 2018 the UN administered tribunal give sentences to Pol pot brother Khieu Samphan for crimes against humanity and genocide. The Pol pot regime also conducted ethnic genocide against Cham and Vietnamese minorities. In fact, the role that Vietnam has placed in computing history needs to be revisited and loaded for its efforts in protecting the Cambodians as well as other ethnic minorities.
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