November 18-24, 2024

NORTHEAST ASIA

Standing up for ‘Hong Kong 47’

Little if any hope was left since China imposed its national security law on Hong Kong in 2020. But a Nov. 19 court ruling sentencing 45 of its most prominent activists and democrats to jail terms of up to 10 years still left many reeling as the single greatest blow to the city’s autonomy.

These prosecutions – the largest-ever under the national security law imposed by Beijing in 2020 – were a stark affront to democracy, freedom of expression, and rule of law, says Asia Democracy Network (ADN). The regional coalition of Asia-based rights groups called on the international community – governments, civil society organizations, and multilateral bodies – to denounce the sentences and hold both Chinese and Hong Kong authorities accountable.

“The struggle for democracy in Hong Kong is not an isolated issue—it is part of a broader fight against authoritarianism in the region,” the group said in a statement on Nov. 20. “ADN calls for the immediate and unconditional release of all individuals imprisoned for their democratic beliefs and actions in Hong Kong.” 

FAST FACTS 

• The “Hong Kong 47” comprises activists, academics, legislators, journalists, and community leaders, who had organized unofficial primary elections to choose pro-democracy legislative candidates. 
• They were arrested and charged in 2021 with conspiracy to commit subversion, as authorities claimed that their actions violated the draconian law imposed by China four years ago to “safeguard” national security in Hong Kong.
• Among those who were sentenced were activist Benny Tai, tagged as the “mastermind” of the alleged conspiracy. He was handed the longest sentence of 10 years. The other three election organizers got six to seven years, while activists like Joshua Wong got four years. Only two of the so-called Hong Kong 47 were previously acquitted.

Sentences handed down to some of Hong Kong’s pro-democracy figures 

• The ruling sent shockwaves across the world as the United Nations, foreign governments, and rights groups alike expressed grave concerns over the use of the NSL to imprison opposition figures and silence critical voices. 
• Human Rights Watch associate China director Maya Wang was particularly fearful of how fast civil liberties nosedived in Hong Kong, once a hub of dissent, since China imposed its draconian measure in 2020.

ACTIONS SOUGHT

• ADN called for the immediate and unconditional release of the Hong Kong 47 and challenged the international community to hold China and Hong Kong accountable.
• The U.N. Human Rights Office urged the appellate courts to review these convictions and sentences against international human rights standards. It also called on Hong Kong to repeal the NSL and suspend its application.

SOUTHEAST ASIA

Human rights make business sense 

As Malaysia currently designs a new five-year roadmap – the National Business and Human Rights Action Plan (NBHRAP) 2025-2030 – integrating human rights into its business sector, a landmark report highlighted significant human rights challenges in the sector and how these should be addressed. 

The National Baseline Assessment (NBA) on Business and Human Rights in Malaysia, published in August by law group AmberBON and reported by The Edge Malaysia last week, recommended that the government establish a Ministry of Human Rights and Justice to prioritize human rights issues across all government departments. 

It’s the first report of its kind in Malaysia that looks into the interconnection between business and human rights (BHR), said Edmund Bon Tai Soon, head of chambers at AmberBON and lead consultant for the NBA. It identified several violations in the sector, such as exploitation of migrant workers and lack of transparency, and is hoped to be incorporated in the NBHRAP 2025-2030 by the state.

FAST FACTS

• Efforts toward the BHR agenda are driven by the 2011 U.N. Human Rights Council’s adoption of the Guiding Principles of BHR, which provides a global standard for addressing and preventing human rights impacts in business activities. 
• Malaysia’s government began efforts in the BHR agenda in 2019, and focuses mainly on three areas: governance, labor, and environment. But its state rights watchdog, SUKAHAM (Human Rights Commission of Malaysia) actually put forward a strategic framework in 2015. At the time, however, there was no governance structure to drive the BHR agenda forward, AmberBON said in the report. 
• The NBA noted that the country’s business sector continues to perpetuate harmful practices. This includes, for example, forced and child labor; lack of social protections for workers; lack of clear environmental commitments from companies; and poor enforcement of business-related human rights standards. 
• While Malaysia has a state rights watchdog, the SUKAHAM can only receive complaints on BHR violations as it lacks enforcement powers. Malaysia also does not have a public ombudsman that can litigate governance and BHR violations.
• The report coincides with moves to finally establish an Ombudsman Malaysia, with a bill likely to be introduced in parliament early next year. AmberBON is also hoping to integrate the report’s recommendations in the NBHRAP 2025-2030. 

ACTIONS SOUGHT

The NBA recommended, among others:

• The establishment of a new Ministry of Human Rights and Justice to mainstream matters related to law, human rights, and access to justice;
• Enact a new, specific law on human rights to make issues justiciable and make it mandatory for companies to prevent and mitigate human rights impacts;
• Review all laws related to labor, environmental, and governance compliance to improve human rights standing. 

SOUTH ASIA

Stopping the Press Council’s overreach

In Nepal, the blacklisting of several media outlets – and even several YouTube channels – by its Press Council is raising questions about infringing on press freedom and freedom of speech in the name of combatting disinformation.

On Nov. 19, Freedom Forum, a Nepal-based group advocating for freedom of expression and press freedom, called on the Press Council Nepal (PCN) to stop its overreach, and reminded it of its mandate to regulate only news media. 

On Nov. 12, the Council said it had written to the Cyber Bureau Division of the Nepali police to investigate a YouTube channel Purvanchal dbr TV for “sharing misleading content.” It also said it was “conducting special monitoring of social media accounts, especially Facebook and YouTube channels both associated or non-associated with media.”

“Monitoring and regulation of social media platforms is against the jurisdiction of the PCN,” said Freedom Forum executive chief Taranath Dahal. “Moreover, the council has no authority to monitor the media neither listed nor registered in the council.”

FAST FACTS

• The PCN is a statutory media regulatory body established by the Nepal government in 1972 to promote press standards and to advise the state on matters related to the media. Its main mandate is to regulate news media outlets and they make sure they adhere to ethical principles and norms. 
• Reporters Without Borders, which ranked Nepal 95th in the world in terms of press freedom, has been lobbying for the creation of a press council that is independent of the government. 
• If the PCN finds journalists or media outlets to be erring and decides to blacklist them, the council seek their exclusion from accreditation and stripped of a press pass, barred from joining state-organized visits, and from using facilities by the council or even the government for a time (its charter does not state for how long).
• Outlets can also be shut down, as was the case with a PCN 2023 decision to block National Dainik after a damning report about women leaders defrauding people, raising questions about the breadth of the council’s powers.
• Since October this year, the PCN has gone on a blacklisting streak, even asking the Nepal police to take action against 43 YouTube channels amid what it called a growing problem of disinformation in Nepal. Civil society groups like Digital Rights Nepal have slammed PCN’s efforts to monitor social media as “problematic and an infringement on the right to freedom of expression.”  

ACTIONS SOUGHT

Freedom Forum has called on the PCN to:

• Focus on regulating news media according to the Journalist Code of Conduct and stop overreaching into social media platforms; and to
• Stop taking action against non-members of the council as it is not part of its mandate. 

GLOBAL / REGIONAL

Forging a better future for children

The future isn’t looking too bright for the world’s children, who are now set to face a future plagued by extreme weather events, air pollution, resource scarcity, and gnawing inequality. 

This was the grim forecast of UNICEF’s “State of the World’s Children 2024” report released in time for World Children’s Day, Nov. 20. Among others, the report called for urgent investments in education, climate transition, and improving social support systems for children. 

“Children are experiencing a myriad of crises from climate shocks to online dangers, and these are set to intensify in the years to come,” warned UNICEF Executive Director Catherine Russell. “Creating a better future in 2050 requires more than just imagination, it requires action. Decades of progress, particularly for girls, are under threat.” 

FAST FACTS

• The report looks ahead to 2050 and, currently at the three “megatrends” shaping the world: climate change, demographic shifts, and technological advancement. If business stays as usual, the risk of children exposed to heat waves will be 13.5 times higher and only one in two children will complete secondary education.
• By 2050, the report predicts that there will be as many children in the world as there are today: 2.3 billion, but they will be unevenly distributed. High-income countries are seeing an aging population, while more than a third of the world’s children will live in China, India, and Pakistan – countries already struggling to meet children’s basic needs and address climate risks.

Trajectories of child populations in different regions, 2000 to 2050

• In a separate report, UNICEF said that South Asia – where half the population is below 24 years old – will be seeing the largest labor force until 2040. Yet many young people in the region say they do not feel prepared for the future, citing their lack of employable skills or support to improve their skills.
• The report offers some positive projections. Life expectancy is set to increase, and nearly all children are expected to complete primary education by the 2050s. Increased investments in education, health, and environmental protection could further improve child outcomes, such as reducing gender disparities and environmental risks.

ACTIONS SOUGHT

The UNICEF report puts forward several recommendations, including: 

• Prioritizing education, services, and the development of sustainable, resilient cities for children; 
• Enhancing climate resilience through improved infrastructure, technology, essential services, and robust social support systems; and
• Ensuring universal connectivity and promoting safe, child-friendly technology designs.