Friday, September 7, 2012

The US and the Future: Middle East to Asia | Asia Sentinel


Malaysia's UMNO Goes After A Critic | Asia Sentinel

Malaysia's UMNO Goes After A Critic | Asia Sentinel
John Berthelsen, 06 September 201

Never mind 150 million euros in bribes, a dead woman and a global scandal, go for the whistle-blower's throat

In November of 2009, Suaram, the Kuala Lumpur-based human rights NGO, asked a French investigative law firm to look into what appeared to be huge bribes and kickbacks paid to Malaysian politicians by the French state-owned defense company DCN and its subsidiaries for the 2002 purchase of two submarines and the lease of a third.

The story was complicated by the sensational 2006 death of a Mongolian translator and party girl, Altantuya Shaariibuu, who was shot by two of then-Defense Minister Najib Tun Razak’s bodyguards and her body was blown up with military explosives. While the bodyguards were convicted of her for-hire killing, the court appeared to have actively suppressed any mention of who allegedly paid the two to kill her, raising Suaram’s concerns that there would be no justice delivered.

In the intervening three years, Suaram’s request to the law firm, headed by the Paris-based William Bourdon, resulted in a probe that exposed nearly 150 million euros in questionable funds paid to a close friend of Najib Tun Razak, now Malaysia’s prime minister.

Eventually, when a Paris-based investigating magistrate began to examine the evidence, the court turned up voluminous memos, emails and other documents from a raid on DCN’s offices indicating that massive bribes had been paid with the full knowledge of Alain Juppe, the French foreign minister, Mahathir Mohamad, then the prime minister of Malaysia, and Najib, who had negotiated the purchase. The evidence detailed a host of other sleazy dealings.

Some 133 documents listing the alleged criminal dealings were obtained independently by Asia Sentinel and posted here on June 25 on the Internet. Although the documents are in French, those who do not speak the language can get them onto their computer screens and click on Google Translate. While the grammar is somewhat primitive, their meaning is very clear. Those who do not want to bother may read two stories that Asia Sentinel published on the subject on 25 June. They can be found here and here.

The publication of the documents kicked off a storm in France and Malaysia. But what the publication of the French documents or the investigation did not do was spur any probe of the purported criminal activities in Malaysia.

What it did do, however, was to precipitate an unprecedented attack by a wide range of pro-government bloggers, ruling coalition politicians and others on the reputation and integrity of Suaram, and by extension against Asia Sentinel for printing the documents.

Suaram, an acronym for Suara Rakyat Malaysia, or Voice of the Malaysian People, was born in the wake of the infamous 1987 Operation Lalang ordered by Mahathir to use the Internal Security Act to jail 108 opposition members, union officials, activists and others. Suaram was created to work for the abolishment of the ISA and to protect the rights of those who had been jailed and others like them. Suaram insists that it is a nonpartisan organization although its leaders do include many opposition members including Kua Kia Soong, a former Democratic Action Party member of parliament who was detained for more than a year under the ISA, Syed Husin Ali, currently deputy president of Parti Keadilan Rakyat, Anwar’s party, and many others.

Cynthia Gabriel, the Suaram director, has particularly borne the brunt of the attacks. “If you ask me, they are spinning, just spinning, blackening our name, attempting to cause disrepute so that the public will lose trust in us,” Gabriel said in an interview.

In particular, she said, her organization has been falsely accused of money laundering and terrorism by a lawyer for the ruling United Malays National Organization.

In addition, Ismail Sabri Yaakob, the domestic trade, cooperatives and consumerism minister and a prominent member of the United Malays National Organization, also called the reform organization’s accounts were “highly suspicious” and demanded an investigation. Accordingly, Suaram has become a target for Malaysia’s Companies Commission, the Social Security Administration, UMNO, the Inland Revenue, the controversial Malay supremacy organization Perkasa, and the UMNO-owned newspapers Utusan Malaysia and the New Straits Times, Gabriel said.

In July the companies commission attempted to raid Suaram’s offices – without a valid warrant -- despite the fact that the NGO had already agreed to produce all the documents required for the commission’s investigation.

Suaram reaffirmed its intent to cooperate with the authorities for documents although the companies commission has neither asked for the documents nor notified the organization it was under investigation. That was followed by the Social Security Administration’s demand on Aug. 3 to produce a list of documents by Aug. 30 although the officer in charge was “clueless to our presence even after being shown the letter sent to us which was signed off by none other than himself,” Suaram said in a press release signed by Nalini Elumalai, the organization’s executive director.

One blog, “the Unspinners,” accused Suaram of being an agent of the US Central Intelligence Agency, presumably to overthrow the country, and of “foreign subversion” despite the fact that Malaysia is one of the US’s staunchest allies in the region and that US soldiers train on its soil.

The popular blog Rocky’s Bru, written by Ahirudin bin Attan, a former editor of a variety of UMNO-owned publications, spent days on the question of why Suaram and Asia Sentinel were publishing the documents. A flock of other blogs have asked the some questions. The Unspinners demanded that “Don't bullshit about the submarine case. Suaram have no proof and their facts are all wrong! They are slanderous.”

Unfortunately what none of the bloggers, politicians, government bureaucrats or newspapers have been able to refute is the 133 documents themselves that were presented by French police to the French investigating magistrate. They were not created by Suaram’s lawyers or Suaram or Asia Sentinel. The bulk of them came from DCN’s files and they dealt with Malaysian contacts. They were presented to the court on April 7,2010 by investigators from the anti-organized crime unit of the French Directorate of Judicial Police, not Suaram, not Suaram’s lawyers and not by Asia Sentinel.

Taken together, they reveal allegations of attempted blackmail, bribery, influence peddling, misuse of corporate assets and concealment, among other allegations, both in France and Malaysia. They tie Altantuya Shaariibuu to the case despite numerous protestations by the critics that she had never visited France or had anything to do with the submarine transaction.

The documents indicate that DCN and its subsidiaries steered the money to two companies controlled by Prime Minister Najib’s best friend, Abdul Razak Baginda, in contravention of the OECD convention on bribery by routing the money through companies controlled by Jean-Marie Boivin, the former DCN finance director, who stepped out of the defense contractor to in effect become the thin wall of insulation between DCN and the Malaysian officials who got the money.

As much as UMNO and the UMNO cronies would like to discredit Suaram, the one thing they can’t discredit is those documents. But they can certainly be expected to keep trying.

(John Berthelsen is the editor of the Asia Sentinel)

Wednesday, September 5, 2012

Thailand: Deaths from stray bullets 'shock' group | The Nation Thailand

Thailand: Deaths from stray bullets 'shock' group | The Nation Thailand
The Nation Thailand, September 2, 2012

After two years, the People's Information Centre (PIC), a group of activists and academics who seek to end state impunity in relation to the 2010 crackdown on red-shirt protesters, is releasing its report, titled "Truth for Justice: Events and Impact on the Dispersal of Protests in April-May 2010". The group claims there were 94 deaths from all sides. Pravit Rojanaphruk talks to PIC coordinator and co-editor of the report, Puangthong Pawakapan, about what they discovered. Excerpts:

What did you discover that might change the way society looks at the incidents?

I was rather shocked by the many 'stray' deaths, of those who had nothing to do with the protests but were hit by stray bullets.

Many think that death and violence occurred after the burning of buildings [on May 19], but we discovered that military operations began from May 14 onwards, and on that day, 11 persons in Bon Kai, Lumpini Park and Rajprarop Road areas were killed. A senior military officer with the pen name Hua-na Kuang wrote in an Army journal [in 2010] about the 'success' of the military operation that it is credited to the use of live bullets against protesters. This is likely the reason why many were hit by stray bullets.

As for the so-called 'men in black', there is no clarity as to who they were and even the [Abhisit Vejjajiva] government has failed to trace them. Also, deaths and injuries occurred on the afternoon of April 10, [2010], before the claim by the Abhisit administration and the Centre for the Resolution of Emergency Situation (CRES) that it occurred in the evening [after clashing with 'men in black'].

The [Abhisit] government says those who died were terrorists but in the evidence we gathered, we discover no traces of gunpowder on the hands of any of those killed.

What about the deployment of Army snipers?

There are so many video clips on the Internet showing many soldiers using telescopic guns. This explains why almost 30 per cent of the deaths resulted from bullet wounds on their heads. And if combined with another 22 per cent who died from gunshot wounds on the chest, the figure is above 50 per cent. This is no shooting for self-defence [as claimed by the Abhisit government].

Who do you think ought to be responsible for all these deaths?

The mastermind, the head of the government, the one who gave orders at the CRES and the person/s who came up with Army strategy. It is the responsibility of those who employed military means to disperse the protest and failed to control it.

Your group is regarded as sympathetic to red-shirt demonstrators. Would this not affect the credibility of your findings?

We are not surprised by the accusation. But what we want society to consider is the information we are presenting, and in many cases point to the excessive use of force and not in line with what the government or CRES claimed.

Even if you have all the military might and the law, you have no right to violate the right to life of protesters who had no lethal weapons and fought against the government. None of those maimed or killed appeared to carry lethal weapons.

You are also pessimistic about two other fact-finding reports soon to be released by the Truth for Reconciliation Commission of Thailand (TRCT) and the National Human Rights Commission (NHRC). Why?

The TRCT is still confused between the issue of finding the truth and reconciliation. It appears that they fear that the truth may hinder reconciliation. As for the NHRC, we hope that it will apply human rights principles equally on both sides and not use human rights principle to defend the [Abhisit] government's use of indiscriminate force.

Also, while many protesters have been detained before verdicts were given, and some have been acquitted, the trial of Abhisit [and his people] has yet to begin. Not even one.

It seems that different groups in Thai society already have their own conclusions as to what happened in 2010.

We do not expect society to change their conclusion. Whether the information we gathered will be beneficial or not will depend on political change in the future. Then the culprits will be punished.

Are you not confident that state impunity will end?

I have no confidence. But we can't just sit idly and do nothing. We hope that if we do not accept [state impunity] then it will be shaken. What we are doing is to challenge the culture of impunity.

China pledges free movement in tense sea as Clinton visits

China pledges free movement in tense sea as Clinton visits


BEIJING – China promised Wednesday to ensure freedom of navigation in the tense South China Sea and told Secretary of State Hillary Clinton it was willing to work on a code of conduct to manage disputes.

After weeks of escalating tensions in the strategic sea and a war of words between Washington and Beijing, the Pacific powers toned down the rhetoric and pledged cooperation as Clinton met with most of China’s top leadership.

“Freedom and safety of navigation in the South China Sea is assured,” Yang told a rare joint news conference with Clinton inside the imposing Great Hall of the People.

“For China and our neighboring countries, the South China Sea is really a lifeline for exchanges, trade and commerce. There is no issue currently in this area, nor will there ever be issues in that area in the future,” he said.

His assurances may be met by scepticism from neighboring countries such as the Philippines and Vietnam, which have accused China of carrying out a campaign of intimidation as its economic and military clout grows.

The United States has rallied behind the Southeast Asian nations and sharply criticised Beijing’s recent establishment of a remote garrison in the South China Sea, through which half of the world’s cargo flows.

Yang said that China had “plentiful historical and jurisprudential evidence” for its claims to virtually all of the South China Sea, a position that has led Beijing to consider much of the disputed areas to be within its own waters.

But he sounded upbeat on Clinton’s calls for an eventual code of conduct in the South China Sea, which would establish rules and means of dialogue to prevent maritime incidents from escalating into full-fledged conflict.

Pointing to his recent tour of several Southeast Asian nations, Yang said that China agreed to “work towards an eventual adoption of a code of conduct” on the basis of consensus.

Yang said without elaborating that he hoped for “success” at the East Asia Summit in November in Cambodia. Clinton has said that she wanted to see progress on the code in time for the summit after talks in July by Southeast Asian foreign ministers failed to make headway.

Clinton, who met Yang for a dinner Tuesday that stretched past midnight, said it was “in everyone’s interest” for China and the 10-member Association of Southeast Asian Nations to seek a code of conduct.

She denied charges that the growing US military and political focus on Asia was aimed at containing China, saying that President Barack Obama’s administration did not want “unhealthy competition”.

“Both President Obama and I have said frequently that the United States welcomes the rise of a strong, prosperous and peaceful China,” she said.

The show of conciliation stands in marked contrast to the tone of China’s state-run press which has ripped into the United States nearly daily ahead of Clinton’s visit.

Just as Clinton was meeting Chinese leaders, the overseas edition of the People’s Daily warned Wednesday against the United States “sowing discord” among China’s neighbors, calling such a strategy “a counterproductive waste”.

Yang, asked if he shared the dire media assessments of US intentions, said: “Nowhere else do China and the United States share more converging interests and interact more frequently than in the Asia-Pacific region.”

Clinton met President Hu Jintao and much of the top leadership but Vice President Xi Jinping — who is expected to take power next year — called off talks at the last minute.

While China has in the past used abrupt cancellations to show displeasure, the two sides played down the absence of Xi, who made friendly gestures during a visit to the United States earlier this year.

Yang warned against “unnecessary speculation”. A US official said that Xi planned to send a letter to Clinton and that she would likely meet later with someone else involved in the leadership transition.

Clinton’s last visit to China in May was overshadowed by a row over blind dissident Chen Guangcheng, who dramatically escaped house arrest for the safety of the US embassy. China eventually allowed him to move to New York to study.

Clinton pointed to human rights as she said that the United States and China “do not always see eye to eye” on all issues. Concerns have mounted over China’s treatment of Tibet which has seen a wave of self-immolations.

Tuesday, September 4, 2012

Clinton heads to China with hopes over sea tensions | Philippine Daily Inquirer

Clinton heads to China with hopes over sea tensions
, , Philippine Daily Inquirer,

JAKARTA—Secretary of State Hillary Clinton heads Tuesday to Beijing after talks in emerging US ally Indonesia as she voiced hope for progress in managing soaring tensions in the South China Sea.

Clinton, on her third visit to the region since May, encouraged a united front among the 10-member Association of Southeast Asian Nations as she stood firm in calling for freedom of navigation in the strategic sea.

The top US diplomat travels to China after sounding an optimistic note in Southeast Asia’s largest nation Indonesia, where she will meet Tuesday with President Susilo Bambang Yudhoyono and visit the headquarters of the ASEAN bloc.

Clinton said she saw positive signs in Southeast Asia and was optimistic for movement on a code of conduct governing the South China Sea in time for an Asia summit in Cambodia in November to be attended by President Barack Obama.

“I think we can make progress before the East Asia Summit and it’s certainly in everyone’s interest that we do so,” she told a joint news conference with Indonesian Foreign Minister Marty Natalegawa.

Clinton refrained from criticising China directly before her visit but signalled unease over Beijing’s recent establishment of a remote garrison in the South China Sea where six nations have often overlapping claims.

“The United States believes very strongly that no party should take any steps that would increase tensions or do anything that would be viewed as coercive or intimidating to advance their territorial claims,” Clinton said.

“We believe the nations of the region should work collaboratively together to resolve disputes without coercion, without intimidation, without threats and certainly without the use of force,” she added.

The United States has taken a vocal stance on the South China Sea — through which half of the world’s cargo flows — as the Philippines and Vietnam accuse a rising Beijing of intimidation to exert its claims.

But when Clinton visited Cambodia in July, ASEAN foreign ministers for the first time failed to reach a joint communique at their annual meeting as the nations stood divided on how to deal with an increasingly active China.

The United States and its partners believe a code of conduct would establish dialogue and mechanisms to manage disputes in the South China Sea and prevent flare-ups of the kind seen recently from escalating into full-blown conflicts.

In an effort that heartened Clinton after the divisive meeting in July, Indonesia’s foreign minister spearheaded a recent statement of ASEAN principles that includes the 10 nations working together on a code of conduct.

Natalegawa, who welcomed Chinese Foreign Minister Yang Jiechi to Jakarta last month, said that his initiative was not aimed at countering China as a code of conduct was in the interests of all nations in the region.

“Absent a code of conduct, absent a diplomatic process, we can be certain of more incidents and more tensions in our region. So it is a win-win,” Natalegawa said.

The Obama administration has supported a greater role for Indonesia, seeing the populous and historically moderate Muslim-majority democracy as a positive force for the region and beyond.

US relations with China have been fraught with tensions, despite what US officials say is quiet cooperation in several areas including on pressuring Iran over its disputed nuclear programme.

Chinese state media have accused Clinton of trying to contain the Asian power’s rise. China claims most of the South China Sea and has generally preferred to negotiate individually with each nation instead of a united ASEAN.

Clinton’s last visit to China in May was overshadowed by a crisis over prominent dissident Chen Guangcheng, who fled to the US embassy after reporting beatings under arbitrary house arrest in his home in Shandong province.

China eventually allowed the blind activist, who angered authorities by exposing forced abortions under the one-child-only policy, to leave for New York to study.

A US official said that Clinton was expected to discuss human rights but that it was unclear if Chen’s case would again come up.

Monday, September 3, 2012

US sees Indonesia as a key player in S. China Sea issue: Expert | The Jakarta Post

US sees RI as a key player in S. China Sea issue: Expert | The Jakarta Post
Bagus BT. Saragih and Yohanna Ririhena, The Jakarta Post, September 03 2012

US Secretary of State Hillary Clinton’s visit to Jakarta on Monday is expected to highlight Indonesia’s leading role in ASEAN, especially in moderating tensions in the South China Sea between China and several ASEAN member nations, an expert has said.

“The US sees Indonesia as a key and important player in the South China Sea issue. Indonesia is not a claimant, but has put a lot of effort in harmonizing ASEAN,” University of Indonesia international relations expert Andi Widjajanto said.

Andi also said that it would be in the US interest to see a consolidated Southeast Asia when facing an assertive China, especially following President Barack Obama administration’s efforts to “pivot” US foreign policy to Asia, after long wars in Afghanistan and Iraq.

Andi said that the Clinton visit would not be related to APEC. “The visit will be aimed at discussing the growing tensions in the South China Sea. On such a very short visit, I don’t see any urgent Indonesia-US issues being discussed, except for frictions in the South China Sea,” he said.

As part of her six nation Asia-Pacific tour, Clinton is expected to stop in Jakarta on Monday. Indonesia is her second destination, after Cook Islands. Her itinerary will include stops in China, Timor Leste, Brunei Darussalam and Russia for the APEC forum in Vladivostok.

Victoria Nuland, the spokesperson for the US Department of State, said in a statement on the department’s website that Clinton “will discuss with senior Indonesian officials the US-Indonesia Comprehensive Partnership and our respective engagements on regional global issues”.

Clinton is set to hold bilateral talks with Foreign Minister Marty Natalegawa on Monday evening.

Presidential spokesman Julian Aldrin Pasha said that Clinton would meet with President Susilo Bambang Yudhoyono on Tuesday before her departure for Beijing.

ASEAN member nations have been sharply divided on China’s expansion and conflicting claims in the South China Sea. In Phnom Penh in July, ASEAN failed to reach consensus on how to handle the disputes, resulting in the first time the association failed to issue a closing communiqué in its 45-year history.

On other regional issues, Clinton is expected to discuss upcoming plans for the East Asia Summit (EAS) and Indonesia’s approach to critical issues such as building institutions like the EAS and the ASEAN Regional Forum.

Bilaterally, the ministers are expected to discuss preparations for an upcoming joint commission meeting in Washington later this month.

The joint commission is an annual forum formed after the launch of RI-US Comprehensive Partnership in 2010. The forum, chaired by the ministers, is expected to review a wide range regional and multilateral issues affecting US and Indonesian interests.

International human rights watchdogs, meanwhile, have urged Clinton to raise concerns about the plight of religious minorities when meeting with Indonesian officials.

New York-based Human Rights Watch (HRW) said Indonesia had failed to adequately address the increasing incidence of violence against religious minorities, particularly Ahmadiyah followers, Christians and Shia Muslims in Java and Sumatra.

“Clinton should press the Indonesian government to take concrete steps to address the rising religious intolerance,” the group’s Asia advocacy director, John Sifton, stated in a release received by The Jakarta Post on Sunday.

Saturday, September 1, 2012

Tense, stable naval arms build-up in SEA | The Jakarta Post

Tense, stable naval arms build-up in SEA | The Jakarta Post
The Jakarta Post, September 01 2012

Maritime relations between Southeast Asian nations is characterized by an ongoing trend of a tense but stable build up of naval armament throughout the region, military experts say.

“The good news is that all of the countries involved [in Southeast Asia] support freedom of the seas, and they all recognize the UN Convention on the Law of the Sea,” Ralph Cossa, president of the Centre for Strategic and International Studies’ (CSIS) Pacific Forum, said on Thursday.

Cossa added that no Southeast Asian country wanted to have conflict in the region and that all states within it respect ideas like sovereignty and international law.

“The bad news is that quite a few countries have different interpretations of what it [international law] means and what it doesn’t mean. So everybody believes that what they do is in complete accordance with it, but somehow their definitions vary,” he added.

Adding to the problem of misunderstandings among nations is the way Southeast Asian countries have constantly expanded their naval armaments.

Richard Bitzinger, a senior fellow at the Singapore-based S. Rajaratnam School of International Studies, said that these build-ups, while not necessarily the same as the Cold War’s idea of an arms race, have had the effect of creating an atmosphere of tension between states.

He said that there is “a certain mutual aspect to armaments”, but warned that weapons can be procured in ways that increase uncertainties on the part of a country about the intentions of its neighbors.

“If you already don’t think your neighbor is a very nice person and he goes out and buys a gun, then you probably will have more concerns about your neighbor,” Bitzinger said.

This uncertainty makes it hard for Southeast Asian nations to find the common ground necessary to lead the way to collective security.

One military analyst, Yoji Koda, a retired vice admiral from the Japan Maritime Self-Defense Force, went so far as to say that there was no “key ingredient” that could bind the nations of Southeast Asia together.

Instead, the region is arguing over common definitions of who owns what.

“You can’t commonly defend a certain area if two different people are claiming the same area,” Cossa said.

At the same time, Southeast Asian nations are trying to come together through organizations like the ASEAN Defense Ministers’ Meeting - Plus, which brings defense officials from all member countries together.

Cossa said that this organization is a promising example of nations moving forward collectively.

“But I think we have a long ways to go before we actually have that type of meaningful [collective security] cooperation, but at least a mechanism is now being created which may help us work on this.” (png)