Journal of Southeast Asian Human Rights
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Moderate Secularism in Practice: A Comparison of European and Muslim Countries
Get PDFMulticulturalism has increasingly been identified with ethno-religious identities in recent years. Multiple authors paraphrase the interaction of multiculturalism and secularism as “moderate secularism,” which emphasizes equal status of the majority and minority religions. In the academic realm, the discussion on moderate secularism has foremost been limited to Western countries, irrespective that this debate is particularly relevant in non-Western secular countries. This study widens the scope and compares to what degree Western and non-Western Muslim states allow religious minority groups to co-exist with the majority religions. Three European and three non-Western countries are included in the study based on a review of national policies and practices around secularism, analyzed through Modood’s framework of moderate secularism. This study finds that the position of minority religions is generally weakened in all the countries, with strong political tensions between different religious groups. While the European countries continue to assess the position of minority religion from a secular perspective, strengthening Christian identity, non-Western countries with strong Islamic constituencies gain more influence in political processes. This study also concludes that Modood’s model of moderate secularism is flawed, as it does not take into account political realities and public attitudes.
Keywords: moderate secularism, multiculturalism, immigratio
Coming to Terms with the World: Hannah Arendt’s Perspective for Reconciling with the 1965 Tragedy
Get PDFThis article seeks to elaborate on Hannah Arendt’s conception of political reconciliation as a means of coming to terms with the mass killings of civilians suspected and accused of being members or sympathizers of the Indonesian Communist Party. Known as the 1965 tragedy, this episode of massacres remains an enduring historical burden that continues to fragment and divide Indonesian society. Since the fall of President Soeharto in 1998, several Indonesian governments have attempted reconciliation processes, all of which have failed. From the perspective of transitional justice, it has been argued that these failures are often attributed to the government’s inability to rehabilitate victims’ rights and hold perpetrators accountable. Contrary to this view, this research argues that the failure to come to terms with the 1965 tragedy is due not to a lack of punitive or restorative measures, but rather due to an excessive or disproportionate focus on individual actors—victims or perpetrators—at the expense of the common world. Drawing on the lens of Arendt’s political thought, this article proposes that reconciliation should instead center on the common world—a social reality constituted and inhabited by free and equal individuals. In this light, political reconciliation is understood as coming to terms with a world marked by a dark and painful past. Such an understanding presupposes the capacity of those dwelling within the common world—particularly victims and perpetrators—to engage in reflective judgment around what has occurred, and to assume collective responsibility for building and sustaining a shared future. This article will first examine the 1965 mass killings as the dark side of the Indonesian common world, followed by an exposition of Hannah Arendt’s proposal for coming to terms with such tragedies. The final section will outline two key elements of political reconciliation: reflective judgment and collective responsibility
Non-State Humanitarian Activism and Migrant Workers in Malaysia: Idea Construction and Actions
Get PDFBased on empirical research the existence of a phenomenon of humanitarian activism whereby Indonesian migrant workers voluntarily helps fellow countrymen facing difficulties both on a case-by-case basis as well on an on-going basis. Equally importantly, they have close and constructive relations with the key members of local society including police and community leaders. Their good deeds in this humanitarian context contribute to trust and confidence-building with the locals. The questions posed: What drives these folks\u27 actions? What sort of projects have they carried out together? How does this phenomenon fit into or contribute to the literature or even the theory of international relations (IR)? This article argues that through dead body management, their presence can contribute positively to humanity, at least for the community when state actors have limitations. Religious and social motivations combine to form potent forces that can support migrant workers to provide a helping hand to those in need. Their good deeds can also offer a fresh perspective on humanitarian activism, which up until now has been dominated by conflict narratives. It is exactly fresh perspective which this paper makes an important contribution to by focusing on migrant workers, humanity, and peace
Peasant Rights and the Struggle for Climate Justice in Indonesian Degraded Peatland
Get PDFThe United Nations Declaration on the Rights of Peasants and Other Peoples Working in Rural Areas (UNDROP) recognizes and protects the dignity of peasants for their contributions to food production and climate change mitigation and adaptation. For Indonesia, signing UNDROP complements its international commitments to human rights and environmental protection, particularly climate change. Indonesia has ratified the Paris Agreement, which includes climate change mitigation in peat ecosystems as one of its agendas. At the regional level, Indonesia supports the ASEAN Human Rights Declaration and the ASEAN Transboundary Haze Agreement. The Indonesian government has established a zero-tolerance policy towards peatland burning. This policy has resulted in legal vulnerability for peasants who have a tradition of burning peatlands for agriculture. This article examines the influence of laws and policies to control forest and land fires as a form of climate change mitigation in protecting peasants\u27 rights to food and a better environment. In particular, it discusses community-based and participatory approaches to peatland ecosystem restoration implementation in Indonesia and how they relate to the provisions of UNDROP. The research underpinning this article used a participatory legal research method involving the authors in policy making. The authors collected data and analysed laws and policies concerning peatland restoration and peasants\u27 protection. The participatory observation was carried out on agricultural innovation practices and the legal empowerment of the peasants. This article concludes that although UNDROP is not used as a reference in forming peatland restoration policies, some activities have demonstrated the fulfilment of several UNDROP provisions
Keywords: Climate change, peatland, peasants, right to food, UNDRO
The Abolition of Forced Labor in Vietnam: Is it Compatible with ILO\u27s Standards?
Get PDFThis article analyzes the legal problems in the identification of forced labor and the provisions for the abolition of forced labor in Vietnamese law compared with the core international standards. This article points out the inconsistencies and lack of specificity in Vietnamese law compared to International Labour Organization (ILO) Conventions, specifically regarding the definition of forced labor and the identification of the perpetrators of such acts. Furthermore, the paper analyzes the manifestations of forced labor in Vietnam, as well as challenges in the law enforcement process due to the lack of harmonization between national law and core international labor standards ratified by Vietnam. To implement this research, the author has compared the content of Vietnamese law with ILO regulations on eliminating forced labor (Convention No. 29 and Convention No. 105) in aspects such as the concept and identification of forced labor; regulations on subjects affected by forced labor, the people performing forced labor, and how to address forced labor; and the forms of forced labor which take place in Vietnam. On that basis, the article identifies the legal contents that need to be improved to eliminate forced labor in Vietnam. These include the necessity of specifying the manifestations of forced labor acts; ensuring consistency in identifying the perpetrators of forced labor; and amending and supplementing the elements constituting the crime of forced labor in the Criminal Code, with an emphasis on incorporating consequential elements regarding both physical and mental health.
Keywords: abolition; forced labor; Labor Code; ILO labor standards; Vietna
State and University Collusion: The Repression of Academic Freedom in Indonesia
Get PDFThis article discusses the decline of academic freedom in Indonesian universities, which has become increasingly evident in recent years. Although academic freedom is a key pillar of higher education, in practice it is often undermined by state interference, authoritarian tendencies among university leaders, and a weak legal framework for protecting the academic rights of lecturers and students. This study seeks to answer two main questions: how the state, university administration, and legal regulations interact to suppress academic freedom, and what forms of repression occur, along with the reforms needed to strengthen academic autonomy. The data for this study were obtained through document and content analysis of academic publications, higher education regulations, media reports, and official documents related to cases of repression. The findings show that repression takes three primary forms: (1) the criminalisation of lecturers who criticise campus policies; (2) censorship and silencing of student press institutions; and (3) the prohibition and dissolution of public discussions that raise sensitive issues or criticise the government. These forms of repression are reinforced by a neo-feudal culture within campus bureaucracy and by insufficient legal protections, particularly for students. The study highlights the urgent need for reforms in higher education regulations and the strengthening of institutional autonomy to ensure that academic freedom is protected as a fundamental right for all members of the academic community
Democratisation and the Labour Struggle: Trade Union Dynamics in Malaysian Borneo and Indonesian Borneo
Get PDFTrade unions are proliferating in Malaysia despite the presence of a semi-authoritarian climate. Comparatively, Indonesia is observing a decline in trade unions and respective membership despite a developing democracy. The present study aims to assess the trade unions in Malaysian and Indonesian Borneo that are rarely given attention. The literature reveals that the national culture significantly influences trade unions in both regions. For instance, the trade unions in Malaysian Borneo are highly distinctive compared to those of Peninsular Malaysia. Subsequently, national culture, including individualism and collectivism, uncertainty avoidance, power distance, and masculinity versus femininity, affect adherence to the national trend. Moreover, internal and external factors, such as union awareness, the commando spirit, cooperative or confrontational attitudes, employment laws, and opinion differences, could impact trade unions and democracy. Accordingly, this study conducts case studies in both regions on three main economic sectors with high similarities, namely oil and gas, timber, and palm oil, to determine the underlying factors. Although Malaysian and Indonesian Borneo demonstrated significant differences in the observance of national trends, similar democracy challenges, especially marginalisation and disempowerment of workers and trade unions, were observed.
Keywords: Borneo, Malaysia, Indonesia, Trade Union, Labour Movement, Democratisatio
Between Tradition and Revolution: Exploring Feminism and Gender Equality in Vietnam
Get PDFOver the past century, the trajectory of gender equality in Vietnam has been marked by a nuanced interplay of historical contexts, societal norms, and ideological shifts. A burgeoning women’s movement has emerged, favoring the term ‘gender equality’ over ‘feminism’ in private and public spheres. Gender equality has historically challenged traditional norms, notably during times of war, reshaping gender roles. Under communism, gender equality became static, confining feminism within a framework of patriotism and heroism. The persistence of gender equality is revealed in the context of a complex and contested amalgam of Western feminist ideas and historical antecedents. This article delves into the evolution of gender roles in Vietnam, exploring how communism and wartime conditions influenced feminism from the national liberation era to the Vietnam War. The article argues that the patriarchal structure present in a longstanding culture of Confucianism in Vietnam does not inherently obstruct gender equality and women\u27s rights. Instead, it stems from changing women’s roles outside the domestic sphere to heroism during war efforts. Vietnamese women’s movement, before the term ‘gender equality,’ emerged during wartime but did not contest feminism. The notion of gender equality has become static; however, feminism is still contested and has yet to be imported to this day.
Keywords: Feminism, Gender Equality, War, Communism, Vietnam
A Human Rights Approach to Examine Indonesia’s Social Forestry Policies
Get PDFThis research evaluates social forestry policies in Indonesia through the lens of human rights, focusing on the experiences of forest farmers within local communities. While social forestry is intended to empower marginalized groups, promote forest conservation, and ensure equitable access to resources, its implementation exposes systemic barriers that undermine the human rights of local communities. Such issues restrict the right of affected marginalised communities such as indigenous peoples and women. This exclusion perpetuates socio-economic inequalities and undermines their fundamental rights to fair participation and equitable resource distribution. Based on this observation, the study highlights significant gaps in policy implementation. By drawing comparisons with community-based forest management models in other countries, the study underscores the importance of collaborative governance and equitable benefit-sharing mechanisms. The findings emphasize the need for a rights-based, integrated approach to social forestry that prioritizes transparency, inclusivity, and the empowerment of marginalized groups. Aligning local implementation with global human rights and conservation goals is essential for achieving equitable, sustainable, and socially just outcomes in Indonesia\u27s social forestry initiatives.
Keywords: Human Rights, Social Forestry, Indonesia, Marginalised Communities, Indigenous Peopl