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11. Cambodian Civil Society at a Critical Juncture

Author:
Lana Baydas
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
As the July 2018 elections approach, Cambodian civil society has faced an uptick in attacks and restrictions on their operations and funding. The government has increasingly attempted to stifle dissent and incite the opposition’s demise. As civil society grapples with the effects, some organizations have begun to organize their response, while others increasingly give way to self-censorship. In response, the international community, donors, and civil society must take action in order to halt further precipitation into a one-party autocracy and to preserve the remnants of Cambodian democratic framework that still remain.
Topic:
Civil Society, Democracy, Protests, and Repression
Political Geography:
Asia, Cambodia, and Southeast Asia

12. Simultaneous Disasters in Southeast Asia: Is Risk Outpacing Resilience?

Author:
Margareth Sembiring, Foo Yen Ne, and Christopher Chen
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
Since Southeast Asian leaders signed the ASEAN Agreement on Disaster Management and Emergency Response (AADMER) in 2005, the region has prioritised developing national and regional disaster management capabilities to respond to disasters. However, the recent back-to-back disasters that occurred between July and August 2018 tested the response capacities of national governments and the humanitarian community. Parts of Myanmar, Vietnam, Laos, Cambodia and the Philippines battled floods of varying severity induced by seasonal monsoon rains, tropical storms and a dam collapse on a tributary of the Mekong River. Meanwhile, Indonesia’s Lombok Island, West Nusa Tenggara was hit by multiple earthquakes and aftershocks between 29 July and 19 August. The ASEAN Coordinating Centre for Humanitarian Assistance on disaster management (AHA Centre) reported that at the peak of these disasters, over 588,000 people were displaced and more than 5.2 million people in Southeast Asia were affected. Against the backdrop recent disasters generating simultaneous responses, this NTS Insight makes key observations on Southeast Asia’s ability to meet the immediate needs of disaster-affected communities while building greater disaster resilience for the future. It assesses the (i) institutionalisation of disaster management in ASEAN; (ii) localisation of disaster response; and (iii) opportunities for financial risk management for building disaster-resilient communities.
Topic:
Security, Disaster Relief, Humanitarian Aid, and Treaties and Agreements
Political Geography:
Vietnam, Philippines, Cambodia, Southeast Asia, Laos, and Myanmar

13. Election Forensics Toolkit and Guide

Author:
Allen Hicken and Walter Mebane
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Institute of International Education
Abstract:
There is an acute need for methods of detecting and investigating fraud in elections, because the consequences of electoral fraud are grave for democratic stability and quality. When the electoral process is compromised by fraud, intimidation, or even violence, elections can become corrosive and destabilizing—sapping support for democratic institutions; inflaming suspicion; and stimulating demand for extra-constitutional means of pursuing political agendas, including violence. Accurate information about irregularities can help separate false accusations from evidence of electoral malfeasance. Accurate information about the scope of irregularities can also provide a better gauge of election quality. Finally, accurate information about the geographic location of malfeasance—the locations where irregularities occurred and how they cluster—can allow election monitors and pro-democracy organizations to focus attention and resources more efficiently and to substantiate their assessments of electoral quality. Election forensics is an emerging field in which scholars use a diverse set of statistical tools—including techniques similar to those developed to detect financial fraud—to analyze numerical electoral data and detect where patterns deviate from those that should occur naturally, following demonstrated mathematical principles. Numbers that humans have manipulated present patterns that are unlikely to occur if produced by a natural process—such as free and fair elections or normal commercial transactions. These deviations suggest either that the numbers were intentionally altered or that other factors—such as a range of normal strategic voting practices—influenced the electoral results. The greater the number of statistical tests that identify patterns that deviate from what is expected to naturally occur, the more likely that the deviation results from fraud rather than legal strategic voting. Through a Research and Innovation Grant funded by USAID’s Center of Excellence on Democracy, Human Rights, and Governance under the Democracy Fellows and Grants Program, a research team from the University of Michigan, led by Professors Walter Mebane and Allen Hicken, built an innovative online tool, the Election Forensics Toolkit, that allows researchers and practitioners to conduct complex statistical analysis on detailed, localized data produced through the electoral process. The Election Forensics Toolkit presents results in a variety of ways—including detailed country maps showing “hot spots” of potential fraud—that allow practitioners not only to see where electoral fraud may have occurred but also the probability that the disturbances in the election data that the statistical analyses detect are attributable to fraud, rather than to other cultural or political influences, such as gerrymandering or geographic distribution of voting constituencies, among others. The team also produced two publications under the DFG grant: a Guide to Election Forensics and a more detailed Elections Forensics Toolkit DRG Center Working Paper. The Guide provides a more general introduction to election forensics as a field, and the DRG Center Working Paper focuses on presenting in detail the results of applying election forensics to specific elections in Afghanistan, Albania, Bangladesh, Cambodia, Kenya, Libya, South Africa, and Uganda
Topic:
Corruption, Politics, Elections, Democracy, Election watch, and USAID
Political Geography:
Uganda, Afghanistan, Bangladesh, Kenya, Libya, South Africa, Cambodia, Albania, and Global Focus

14. Incident Prevention and Mitigation In The Asia Pacific Littorals: Framing, Expanding, and Adding to Cues

Author:
Graham Ong-Webb, Collin Koh, and Bernard Miranda
Publication Date:
08-2017
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies (NTS)
Abstract:
This paper explores the possibility of South China Sea claimants and regional countries playing an active role in developing measures to prevent untoward incidents involving government (including naval and maritime law enforcement) and non-government vessels while political negotiations take place with respect to the proposed Code of Conduct between ASEAN and China. It argues that such a comprehensive incident prevention and mitigation plan must be multidimensional and multilevel in its approach, cascading from the political, strategic, operational, to tactical levels. This study breaks down into three main sections. The first examines the framing of the existing Code for Unplanned Encounters at Sea (CUES) and its expansion as well as any new prevention and mitigation initiatives. The center of gravity and theory of success for CUES must be at operational and tactical levels, this paper highlights, while also proposing that CUES should be expanded to include sub- surface and aerial- based actions as other potential triggers for unplanned encounters and unintended escalations at sea. The end-state calls for a comprehensive CUES in light of the multidimensional nature of the SCS maritime landscape. The second section of this paper assesses the prospects for an expanded CUES, focusing on maritime law enforcement and irregular forces. It examines the viability of expanding this mechanism through what this paper terms as “Phased” and “Blanket” Approaches, which is dependent on the regional political climate. The third, final section raises two proposals at the strategic level, and six proposals pegged at the operational and tactical levels of planning and activity to build on and enhance the existing slate of such mechanisms as CUES to promote navigational safety and risk reduction in regional waters.
Topic:
Regional Cooperation, Military Strategy, Non State Actors, Maritime, Conflict, and ASEAN
Political Geography:
China, Indonesia, Malaysia, Asia, Vietnam, Philippines, Cambodia, Singapore, Thailand, Laos, Myanmar, South China, and Brunei

15. Ambassador John Gunther Dean

Author:
John Gunther Dean and Charles Stuart Kennedy
Publication Date:
06-2017
Content Type:
Journal Article
Journal:
American Diplomacy
Institution:
American Diplomacy
Abstract:
The Association for Diplomatic Studies and Training Foreign Affairs Oral History Project Information Series. Ambassador John Gunther Dean Interviewed by: Charles Stuart Kennedy Initial Interview date: September 6, 2000
Topic:
Cold War, Diplomacy, Memoir, and Oral History
Political Geography:
Vietnam, Cambodia, Southeast Asia, Laos, and United States of America

16. Voices for Reconciliation: Assessing Media Outreach and Survivor Engagement for Case 002 at the Khmer Rouge Trials

Author:
Christoph Sperfeldt, Melanie Hyde, and Mychelle Balthazard
Publication Date:
02-2016
Content Type:
Working Paper
Institution:
East-West Center
Abstract:
Using outreach-friendly television broadcasting of the Khmer Rouge (KR) trials in Cambodia in conjunction with community-based dialogue meetings, the Voices for Reconciliation: Promoting Nationwide Dialogue on the Khmer Rouge Past through the Mass Media and Community-Level Survivor Networks project aimed to 1) increase community awareness and understanding of the Extraordinary Chambers in the Courts of Cambodia (ECCC) trials, 2) empower conflict-affected groups to create spaces for dialogue at the community level, and 3) build the necessary capacities among those groups and civil society intermediaries to create environments favorable for longer-term reconciliatory processes beyond the ECCC. The project engaged with the Cambodian Human Rights and Development Association's Civil Party Representative Scheme, which supports a network of Civil Parties (CPs) and Civil Party Representatives (CPRs) who are party to the ECCC proceedings. To achieve the objectives, the project had a three-prong strategy: 1) the production and broadcasting of television programs and media outreach to the general population, 2) the organization of community-based dialogue meetings using outreach films to inform Cambodians in rural areas about the ECCC and its developments, and 3) capacity building to civil society groups and 46 CPRs who were directly involved with the project. This report was produced as part of an evaluation of the project in Cambodia, and involved an assessment of the project outcomes in relation to the participation of the CPs and CPRs in the project and lessons learned from the project implementation. The results are based on interviews with a non-random sample of 101 CPs and 38 out of 46 CPRs who participated in the project. To complement the survey, four focus group discussions including a total of 18 women and 14 men, were conducted in four different provinces. The interviews and the focus group discussions took place during the first two weeks of July 2015 at the end of the project. The results represent the points of view of study participants at the time of the survey and focus groups discussions only. This project was supported by USAID and implemented by the East-West Center and WSD Handa Center for Human Rights & International Justice, Stanford University.
Topic:
Conflict Resolution, Civil Society, Human Rights, History, and Mass Media
Political Geography:
Cambodia

17. A Well-Reasoned Opinion? A Critical Analysis of the First Case Against the Original Leaders of Khmer Rouge

Author:
David Cohen, Melanie Hyde, Penelope Van Tuyl, and Stephanie Fung
Publication Date:
01-2015
Content Type:
Working Paper
Institution:
East-West Center
Abstract:
On 7 August 2014, the Extraordinary Chambers in the Courts of Cambodia (ECCC) reached an important institutional milestone when the Court published its long-awaited Trial Judgment in the first case against two of the surviving alleged senior leaders of the Khmer Rouge--Nuon Chea and Khieu Samphan ("Case 002/01"). The Court found both men guilty of crimes against humanity, and sentenced them each to life imprisonment, while awarding "moral and collective reparations" to the 3,869 Civil Parties participating in the trial. Despite hopes that the five-year process of judicial investigation, trial, deliberation, and Judgment-drafting would produce a rigorous and insightful final product, in reality, as this report argues, the Case 002/01 Judgment fails to deliver the most fundamental output one expects from a criminal trial--systematic application of the elements of crimes to a well-documented body of factual findings. Based, in part, on insight gained from the continuous presence of a team of trial monitors throughout trial, this report provides commentary on how a contentious and confusing trial process in Case 002/01 ultimately produced a similarly problematic final Judgment.
Topic:
Conflict Resolution, Political Violence, Politics, and History
Political Geography:
Cambodia

18. Evelyne Schmid. Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

Author:
Mara Tignino
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Evelyne Schmid’s new book, Taking Economic, Social and Cultural Rights Seriously in International Criminal Law, aims to provide a bridge between developing practice and existing knowledge. At the heart of her book lies the question of how, or to what extent, violations of ESCR are addressed in international criminal proceedings and transitional justice mechanisms. She criticizes the current marginalization of ESCR abuses in scholarship on international criminal law and bemoans the reality that ‘efforts to address the legacy of widespread human rights abuses display a bias towards civil and political rights’. While some have argued for an expansion of international criminal law to account more directly for violations of ESCR, Schmid claims such an expansion is unnecessary; in her view, such violations already fall within the scope of international crimes.
Topic:
Genocide, Human Rights, International Law, United Nations, War Crimes, Courts, and Transitional Justice
Political Geography:
Europe, North Korea, Cambodia, United Nations, and Myanmar

19. Determining the Relationship Between International and Domestic Laws Within an Internationalized Court: An Example From the Cambodian Extraordinary Chambers’ Jurisdiction Over International and Domestic Crimes

Author:
Melanie Vianney-Liaud
Publication Date:
08-2015
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Internationalized criminal tribunals such as the Extraordinary Chambers in the Courts of Cambodia (ECCC) differ from traditional international criminal tribunals by a lesser degree of internationality. The ECCC emerged through an international agreement but their mixed composition and operating rules are also defined in Cambodian Law. The relationship between the ECCC’s Agreement and Law has not been clearly stated, which generates questions since both texts are not always consistent. This paper proposes, through the study of the provisions of the ECCC Law relating to the ECCC’s subject-matter jurisdiction, to determine the impact of such discrepancies on the activity of the Chambers. The decisions of their judicial bodies on the application of Articles 3, 4 and 5 which provide for the ECCC’s jurisdiction over crimes against humanity, genocide and certain domestic crimes have allowed to cope with the uncertainty generated by those differences. However, a bigger issue remains which is due to the ECCC’s particular hybrid structure. Composed of national judges in the majority, ECCC’s decisions may only be taken if the required qualified majority is reached, which implies the need for an agreement with their international counterparts.
Topic:
International Law, Sovereignty, Legal Theory, and Jurisdiction
Political Geography:
Asia and Cambodia

20. CHINA'S UNRAVELING ENGAGEMENT STRATEGY

Author:
Jeffrey Reeves
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
The Washington Quarterly
Institution:
Center for Strategic and International Studies
Abstract:
The growing consensus among Chinese analysts, both in China and the West, that elements of China's contemporary foreign policy have been self - defeating is important but limited in two significant ways. First, it focuses on China's most divisive policy stances—such as its expansive territorial claims, disruptive diplomacy in the Association of Southeast Asian Nations (ASEAN), or growing use of unilateral economic sanctions. This focus on controversial policies, while important, ignores less litigious policies which are also now contributing to regional instability. Second, analysts who look at China's foreign policy largely confine their work to China's relations with large or medium powers—such as Japan, India, Vietnam, or the Philippines—or with regional organizations such as ASEAN. This focus ignores China's relations with smaller, developing states—such as Cambodia, Laos, Mongolia, or Myanmar—which are, in many ways, the building blocks of China's periphery security.
Topic:
Foreign Policy
Political Geography:
Japan, China, India, Mongolia, Vietnam, Philippines, Cambodia, Laos, and Myanmar