Jakarta, IO – The ASEAN Civil Society Conference/ASEAN People’s Forum (ACSC/APF) took place from September 1-3, 2023, at Atma Jaya University, Jakarta, with “Reclaiming Safe Spaces, Restoring Democracy and Equity in Southeast Asia!” as its theme.
The forum serves as a platform for ASEAN’s Civil Society Organizations to consolidate and build solidarity on the region’s significant issues, including human rights, discrimination and inequality, injustice, democracy, and good governance.
According to a number of studies conducted by the Asia Centre, a regional think tank and research institution headquartered in Bangkok, Thailand, the space for civil society to participate in various ASEAN-related issues is diminishing, as are human rights and democracy in this region.
Independent Observer spoke with Nukila Evanty, Representative and Advisor at the Asia Center. Nukila was a panelist at the ASEAN Civil Society Conference/ASEAN People’s Forum (ACSC/APF) together with James Gomez (Regional Director of the Asia Centre), Marc Piol Rovira, and Ekmongkhon Puridej.
In her “Protecting Civic Space: Pushing Back Against Post-Pandemic Authoritarian Governance” presentation, Nukila highlighted that civic space, as required by non-government actors to access information, express themselves, associate, organize and participate in public life, is the basis of functioning democracy, law, policy and institutions.
“When civic space is protected, it will facilitate public participation, which is everyone’s fundamental right that covers freedom of expression, peaceful assembly and association. With these rights, the government can align policies better, tailoring them to the community’s needs,” explained Nukila.
“It is impossible for the government to oversee and criticize itself. Consequently, the government should provide a healthy civic space, both online and offline, so that government work can be correctly managed and executed,” Nukila continued. According to the Economist Intelligence Unit, in its 2022 Democracy Index report, there are five elements to indicate a country’s level of democracy: the electoral process and pluralism; the functioning of government; political participation; democratic political culture and civil liberties. According to Nukila, Indonesia’s score for the electoral process and pluralism was 7.92; the functioning of government was 7.86; political participation was 7.22; political culture was 4.38; and civil liberties were 6.18. Between a score of 0 and 10, Indonesia’s overall score is 6.71, a score that did not change from the previous year. This annual survey assesses the state of democracy in 167 countries.
The score for Malaysia improved from 7.24 in 2021 to 7.30 in 2022. Then Timor-Leste, a newly admitted ASEAN member, was allotted a score of 7.06. Among 167 countries, Taiwan ranked first in Asia and tenth globally, with a total score of 8.99 out of 10. Japan ranked 16th and South Korea 24th. These are the only countries in Asia considered to be true democracies.
Nukila mentioned eight primary legal frameworks that impact civil space: the Constitution (Basic Law); the Criminal Code; the Code of Civil Law; laws concerning freedom of expression, organization, and association; laws concerning information, communications, and media security; laws concerning personal protection and personal data; and Regional Regulations in districts and regencies.
According to Nukila, three significant factors restricting civil liberties are: First, the abuse of ITE Law No. 19 of 2016 (Information and Electronic Transactions Law) is “rubber law” for its ambiguous interpretation and is used for detention on allegations of defamation and hate speech. The ITE Law has been used to prosecute and punish anyone harshly. Journalists who report on corruption cases, academics who criticize university policies, workers who criticize companies, and even consumers who write critical reviews are all at risk. “They should revoke immoral articles, defamation, and hate speech,” said Nukila.
Second: Indonesia’s State Capital Law (UU IKN). The IKN Law was discussed only briefly; the Central Government and the House of Representatives did not provide adequate space for communities and indigenous people to participate and be represented. The government-designated land allocated 256,000 hectares for the IKN region in East Kalimantan, which is inhabited by indigenous people. The absence of a feasibility study has affected land rights and the environment.
Third: Indonesia’s Buzzer Phenomenon The pervasive practice of using buzzers to silence government criticism is jeopardizing democracy. Nukila pointed out that buzzers typically use defensive narratives and the ITE Law to suppress their political opponents.
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Nukila offered three recommendations to avoid the narrowing of civil space for expressing opinions: first, governments in ASEAN countries must ensure that every decision-making process reflects the people’s interests and accommodates the interests of vulnerable and marginalized societies.
Second, the state is responsible for protecting the rights and activities of civil society. Third, governments need to bridge digital, technological and skills gaps among young and elderly populations, rural and urban groups, and those from high and low socio-economic backgrounds. “It is very important to ensure equal access to information for everyone and to keep hoaxes, misinformation and disinformation low,” she concluded. (des)