December 16-22, 2024

NORTHEAST ASIA

Guarding press freedom and electoral rights

Mongolia’s June 28 parliamentary elections, the first under a constitutional reform expanding the legislature from 76 to 126 seats, highlighted media struggles with editorial independence and defamation laws.

This was among the conclusions of the election observation mission (EOM) led by the Office for Democratic Institutions and Human Rights (ODIHR), whose recently published final report urged the government to repeal provisions criminalizing “fake news” during elections and for the media to ensure diverse, independent and informative programming.

“[We] noted a decline in press freedoms and highlighted the lack of economic sustainability of the media outlets and compromised professional and ethical standards, which have led to low public trust,” the report said.

FAST FACTS

• In their initial report issued on June 29, the EOM found the elections “generally well-administered.” But while Mongolia’s legal framework “was adequate for conducting democratic elections, (it) needed further alignment with international standards on fundamental rights and freedoms.” 
• One of its major findings involves Mongolia’s media environment, which has been adversely affected by Article 13.14 of the Criminal Code, which penalizes the dissemination of false information during elections. At least seven journalists A based on complaints from government agencies, politicians and civil servants during the election period.
• In January 2020 – when this law first took effect – Transparency International flagged this law for not defining what constituted “false information.” 
• The EOM also noted that coverage favored major political parties and often resembled paid political ads, suggesting party influence. Many of Mongolia’s predominant channels are either state-owned or have links to public officials. For example, public broadcaster MNB TV; TV 9 is owned by the sister of former president Enkhbayar Nambar while Mongol TV is co-owned by the current minister for culture Nomin Chinbat. All showed clear preference for the ruling Mongolian People’s Party.
• This “limited news coverage, along with minimal investigative and analytical reporting, hindered voters’ ability to make informed decisions,” the report said.
• According to the 2024 Press Freedom Index by Reporters Without Borders, Mongolia’s press freedom ranking dropped 21 places to 109th out of 180 countries. It was 88th in 2023.

ACTIONS SOUGHT

The ODIHR EOM recommended the:

• Repeal of laws criminalizing the dissemination of false information, especially those targeting elections; and
• Strengthening public broadcaster independence to ensure unbiased and diverse reporting.

SOUTHEAST ASIA

Myanmar in ASEAN’s hot seat

As Thailand hosts a regional meeting (Dec. 19–20) among Asian nations aimed at addressing the Myanmar problem, Southeast Asian lawmakers are drawing attention to an ongoing crisis unfolding in the country: the intensified forced conscription of youth into what is rapidly becoming a losing situation for the junta. 

On Dec. 19, the ASEAN Parliamentarians for Human Rights (APHR) thus urged “decisive action” by the international community, including the regional bloc, to immediately halt forced conscription in Myanmar and to ensure the release of those who were already coerced. 

“Many of these young conscripts are pushed into committing the Military Junta’s war crimes, including extrajudicial killings, torture, sexual violence, and the targeting of civilians – acts that constitute serious violations of international law and crimes against humanity,” the APHR said. “The forced conscription of Myanmar’s youth is not just a human rights crisis – it is a direct assault on the country’s future.”

FAST FACTS

• APHR’s call coincides with Thailand’s announcement to hold an “informal consultation” between ASEAN members as well as India, Bangladesh, and China about the Myanmar conflict, as the latter continues to defy the ASEAN Five-Point Consensus Plan aimed at de-escalating violence by the junta. 
• The issue of conscription came under scrutiny this year after the junta announced plans to revive a dormant mandatory conscription law for working-age men and women. The move, observers say, was an attempt to stem the junta’s losses to rebel and ethnic armed forces in strategic areas. 
• The law has spurred a mass exodus of eligible Burmese citizens seeking to avoid involvement in the war. In response, the junta has intensified forced conscription efforts across the country. Nighttime raids, threats against families, and the coercion of local leaders have become increasingly prevalent.
• Last October, Amnesty International issued a report saying that the stateless Rohingya Muslims were the most vulnerable to such practices, as the junta either abduct them from refugee camps or lure them with the promise of citizenship.
• APHR pointed out the manifold nature of forced conscription abuses, already itself a violation: “It disrupts education, tears families apart, displaces entire communities, and perpetuates cycles of violence. The militarization of society not only deepens authoritarian control but also fosters a culture of fear and repression that feeds on itself,” said Mercy Chriesty Barends, APHR Co-Chairperson and member of Indonesia’s House of Representatives.

ACTIONS SOUGHT:

APHR has called on the ASEAN and the international community to urge Myanmar to:

• Halt forced conscription and release conscripts;
• Offer refuge to fleeing youth in neighboring countries
• Document and preserve evidence  
• Provide humanitarian aid to families of conscripts and displaced communities

SOUTH ASIA

Spotlighting Nepal’s forgotten refugees

Decades after being forced to flee Bhutan due to discriminatory policies, Bhutanese refugees of Nepali origin remain in limbo in camps in eastern Nepal, where they live in squalid conditions.

On Dec. 21, regional rights group South Asians for Human Rights (SAHR) warned that they may soon be “facing a grave humanitarian issue which needs the immediate attention of the Nepalese government and neighboring countries…before it reaches a critical point.”

“(We) call on the Government of Nepal to urgently take measures to address the issues of the Bhutanese refugees of Nepali origin which has already prolonged for over 40 years, mainly taking into consideration the dire situation these people are living in the country,” the group said.

FAST FACTS

• The Bhutanese refugees of Nepal are primarily ethnic Nepalese, also known as Lhotshampas, who were expelled from Bhutan in the 1980-90s. This after a series of discriminatory policies implemented by the Bhutanese government, such as the “One Nation One People” policy, which aimed to suppress Nepali language and culture.
• These refugees have been living in camps in eastern Nepal for decades, relying heavily on international aid. There they face numerous challenges, including limited access to education, healthcare, and employment opportunities.

Challenges facing Bhutanese refugees in Nepal

Source: SAHR

• Between 2007 and 2016, the U.N. Refugee Agency facilitated the resettlement of over 113,500 Bhutanese refugees from camps in eastern Nepal to eight countries, including the United States and Australia. Some refugees opted to remain in Nepal, either with the hope of returning to Bhutan or continuing to live in Nepal.
• Observers say that this problem remains a stain on Bhutan’s reputation as a “kingdom of happiness” particularly since the majority of Bhutan’s political prisoners are Lhotshampas who spoke out against the discriminatory policies during the 1990s.

ACTIONS SOUGHT

The SAHR outlined multiple recommendations for the governments of Nepal and Bhutan, particularly: 

• Protecting the welfare and wellbeing of the refugees and providing them documents to make life easier;
• Granting them the right to work and explore the possibility of citizenship rights to refugee children born in Nepal; and
• Establishing a permanent task force within Nepal’s Foreign Ministry to study refugee issues and lead renewed negotiations with Bhutan

¹The 1993 Bhutan-Nepal joint ministerial committee classified Bhutanese refugees in Nepal into four categories: forcibly evicted Bhutanese, voluntary emigrants, non-Bhutanese, and those with criminal offenses. A ten-member verification committee, with five members from each country, was formed to categorize refugees.

²In 2023, it was discovered that at least 875 non-refugee Nepalis were scammed by a syndicate who charged them between 1 million rupees to 5 million rupees (US$7,615-US$38,000) in exchange for being added to the JMC categories for refugees to fly to the United States.

GLOBAL / REGIONAL

Rescuing the distressed at sea

Every year, thousands of refugees and migrants embark on perilous sea crossings, either to seek refuge or simply a better life. These perilous journeys are often made aboard overcrowded and unseaworthy vessels, with limited resources, leaving them at risk of drowning, drifting or simply disappearing.

Since 2014, over 64,650 have been recorded dead from these voyages, underscoring the critical need for enhanced monitoring, prevention strategies, and coordinated search and rescue efforts to save lives, say U.N. agencies.

“Preventing the loss of lives and disappearances at sea by rescuing people through effective rescue operations is a humanitarian imperative and an international legal obligation grounded in the law of the sea and international human rights law,” read their joint statement led by the U.N. Refugee Agency (UNHCR).

FAST FACTS

• The U.N. agencies’ statements came on International Migrants Day, Dec. 18, and following reports that 2024 saw the highest death toll of migrants in transit. 
• Most migrants fleeing by sea are often driven by a desperate search for safety and a better future, especially amid armed conflict and political or economic instability in their home countries. Increasingly, migrants are also being displaced by climate change, as rising sea levels, frequent and stronger typhoons, drought and food insecurity ravage poor nations. 
• In Asia, most of the refugees who cross by sea are the Rohingya Muslims of Myanmar, who embark on dangerous voyages toward Indonesia, Malaysia, or Bangladesh. In 2023, at least 569 died at sea, the highest in nine years. Just last week, the Sri Lankan navy also rescued 100 more – including 25 children – who were left adrift in the Indian Ocean.
• Ironically, one in three migrant deaths happen while people flee conflict, according to the International Organization for Migration. According to their Missing Migrants project, the most deadly route is the Central Mediterranean route, where at least 23,093 people have died since 2014.

Causes of deaths among migrants in transit, 2014-2024

ACTIONS SOUGHT

The U.N. agencies has urged states to:

• Adopt a wide interpretation of “distress” at sea, prioritizing a humanitarian and precautionary approach. This includes considering factors like unseaworthiness, overcrowding, lack of supplies, the presence of vulnerable individuals, and adverse weather conditions;
• Strengthen regional SAR agreements that prioritize human rights and safe disembarkation; and
• Establish mechanisms to monitor compliance with maritime, human rights, and refugee laws.