Indonesia

Executive Summary

Indonesia is a multiparty democracy. In April 2019, Joko Widodo (popularly known as Jokowi) won a second five-year term as president. Voters also elected new members of the House of Representatives and the Regional Representative Council, as well as provincial and local legislatures. Domestic and international observers deemed the elections to be free and fair. Due to the COVID-19 pandemic, elections for some provincial and local executives originally scheduled for September 23 were postponed until December 9 to allow for implementation of health safety protocols.

The Indonesian National Police is responsible for internal security and reports directly to the president. The Indonesian National Armed Forces, which also report to the president, are responsible for external defense and combatting separatism, and in certain conditions may provide operational support to police, such as for counterterrorism operations, maintaining public order, and addressing communal conflicts. Civilian authorities maintained control over security forces. Members of the security forces committed abuses.

In Papua and West Papua Provinces, government forces continued security operations following a 2018 attack by the Free Papua Movement in which 19 civilians and one army soldier were killed. This led to the displacement of thousands of provincial residents, further Free Papua Movement attacks that caused civilian and security force deaths, and created serious humanitarian concerns.

Significant human rights issues included: unlawful or arbitrary killings; reports of torture by police; arbitrary arrest or detention; political prisoners; restrictions on free expression, the press, and the internet, including censorship and the existence of criminal libel laws; interference with the freedom of peaceful assembly; serious acts of corruption; lack of investigation of and accountability for violence against women; crimes involving violence or threats of violence against lesbian, gay, bisexual, transgender, and intersex persons; and the existence of laws criminalizing consensual same-sex sexual conduct between adults.

While the government took steps to investigate and prosecute some officials who committed human rights abuses, impunity for historic and continuing serious human rights abuses remained a significant concern, especially as some of those implicated in past abuses received promotions and occupied senior official positions.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: In April 2019 Joko Widodo (popularly known as Jokowi) won a second five-year term as president. Voters also elected new members of the House of Representatives and the Regional Representative Council, as well as provincial and local legislatures. Domestic and international observers deemed the elections free and fair.

Due to the COVID-19 pandemic, elections for some provincial and local executives originally scheduled for September 23 were postponed until December 9 to allow the government to implement heightened health safety protocols.

Political Parties and Political Participation: There are no inordinate restrictions on parties and political participation, although NGOs raised concerns about the growing number of uncontested races in the regional head elections, which they attribute in part to the high costs of launching successful political campaigns.

Participation of Women and Members of Minority Groups: No law limits participation of women and members of minority groups in the political process, and they did participate. The law on political parties mandates that women comprise a minimum of 30 percent of the founding membership of a new political party. As of November, 10.6 percent of candidates for the December local elections were women, lower than the 20.5 percent rate for the 2019 national elections, but higher than the 8.8 percent rate in the 2018 local elections.

Malaysia

Executive Summary

Malaysia is a federal constitutional monarchy. It has a parliamentary system of government selected through regular, multiparty elections and is headed by a prime minister. The king is the head of state, serves a largely ceremonial role, and has a five-year term. The kingship rotates among the sultans of the nine states with hereditary Malay rulers. In 2018 parliamentary elections, the opposition Pakatan Harapan coalition defeated the ruling Barisan Nasional coalition, resulting in the first transfer of power between coalitions since independence in 1957. Before and during the campaign, then opposition politicians and civil society organizations alleged electoral irregularities and systemic disadvantages for opposition groups due to lack of media access and malapportioned districts favoring the then ruling coalition. In February the Pakatan Harapan coalition collapsed, and power transferred to the new Malay-dominated Perikatan Nasional coalition; Muhyiddin Yassin became prime minister.

The Royal Malaysian Police maintain internal security and report to the Ministry of Home Affairs. State-level Islamic religious enforcement officers have authority to enforce some criminal aspects of sharia. Civilian authorities at times did not maintain effective control over security forces. Members of the security forces committed some abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings by the government or its agents; reports of torture and cases of cruel, inhuman, or degrading treatment or punishment by the government; harsh and life-threatening prison conditions; arbitrary detention; problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; restrictions on free expression, the press, and the internet, censorship, site blocking, and criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on and intolerance of religious freedom; restrictions on freedom of movement; serious acts of corruption; lack of investigation of and accountability for violence against women; trafficking in persons; violence against transgender persons; criminalization of consensual adult same-sex sexual activities; and child labor.

The government arrested and prosecuted some officials engaged in corruption, malfeasance, and human rights abuses, although civil-society groups alleged continued impunity.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. In 2018 the opposition Pakatan Harapan coalition unseated the ruling Barisan Nasional coalition in general elections, marking the first federal transition of power between coalitions since independence in 1957. Prior to the 2018 elections, then opposition political parties were disadvantaged due to the Barisan Nasional government control over traditional media outlets and malapportionment of constituencies, among other issues.

While authorities generally recorded votes accurately, there were irregularities perpetrated by the former Barisan Nasional coalition government that affected the fairness of elections.

The constitution also provides for transfers of power without new legislative elections. This occurred in February when the ruling Pakatan Harapan coalition collapsed, resulting in a transfer of power to the new Perikatan Nasional coalition. The king determined that Perikatan Nasional commanded a parliamentary majority and appointed Muhyiddin Yassin prime minister, in conformity with constitutional parameters. The new coalition sought no popular mandate through a general election during its first eight months in office, and convened three sessions of parliament–one session lasting less than a day in May, when the prime minister permitted no motions, including an attempted vote of no confidence, a second sitting in August focusing on adopting a COVID-19 economic stimulus package, and a third sitting in November and December to consider the budget.

The constitution fixes the number of seats in parliament assigned to each state to the advantage of rural states and regardless of population shifts over time. Moreover, it does not require equal populations in electoral constituencies in any given state. Each constituency elects one member of parliament. The Electoral Commission has established constituencies with widely varying populations, further to the advantage of rural populations. For example the rural district of Igan had 18,000 registered voters, while the urban district of Kapar had more than 144,000 registered voters. Local and municipal officials are appointed at the state or federal level.

Elections and Political Participation

Recent Elections: The country’s most recent general election was held in 2018 amid allegations of partisanship on the part of public institutions, in particular the Election Commission and the Registrar of Societies. A consortium of NGOs released a formal report later in 2018 detailing irregularities in the election, including vote buying, the use of public funds for partisan activity, and allegations of biased behavior by public officials. According to the NGOs, none of which were formally accredited to observe the polls, federal and state governments spent more than five billion ringgit (RM) ($1.2 billion) on “handouts” after legislatures had been dissolved and lawmakers were ostensibly prohibited from making new financial commitments. The report also alleged that one accredited election observer actively campaigned for the former Barisan Nasional government.

Despite strong objections by opposition political parties and civil society, in 2018 the former Barisan Nasional coalition government approved redrawn parliamentary districts that critics said unfairly advantaged Barisan Nasional through gerrymandering and malapportionment. By law the government was not allowed to redraw the electoral boundaries until 2026 unless members of parliament amended the federal constitution, a process which requires a two-thirds majority vote. Despite alleged electoral irregularities and systemic disadvantages for opposition groups, Barisan Nasional lost the election to Pakatan Harapan, the first transfer of power between coalitions since independence in 1957.

Political Parties and Political Participation: Many opposition candidates were unable to compete on equal terms with the then ruling Barisan Nasional coalition and were subject to restrictions and outside interference during the 2018 election campaign. Registering a new political party remained difficult because of government restrictions on the process.

Participation of Women and Members of Minority Groups: No laws limit participation by women or members of minority groups in the political process, and they did participate. In parliament 33 women hold 14.8 percent of the seats, an increase from 10.8 percent in the previous election cycle. Eight out of 14 Federal Court judges are women. In March the number of non-Muslim judges serving on the Federal Court rose to four; the number was previously limited to two. In May, Tengku Maimun Tuan Mat was appointed chief justice, the first woman to ascend to the highest judicial office of the country. In July, Dato’ Sri Azalina binti Othman Said was appointed as the first female deputy speaker of parliament.

The political environment was hostile towards women. Attacks on female politicians and women who were critical of the country’s politics were common, including sexist remarks in parliament against female members, threats of rape and murder via Facebook and other social media platforms, and stereotyping female political candidates. The advent of the new Perikatan Nasional administration saw reduced female influence in the highest echelons of government, including the position of deputy prime minister previously held by Wan Azizah Wan Ismail.

Nine cabinet positions are held by women, compared with 10 held by women under the Pakatan Harapan administration. A significant portion of female leaders in state agencies were also replaced by men.

Philippines

Executive Summary

The Philippines is a multiparty, constitutional republic with a bicameral legislature. President Rodrigo Roa Duterte, elected in May 2016, began his constitutionally limited six-year term in June 2016. Midterm elections in May 2019 for 12 (of 24 total) senators, all congressional representatives, and local government leaders were seen as generally free and fair, despite reports of violence and vote buying. The ruling party and allies won all 12 Senate seats and maintained an approximately two-thirds majority in the 306-seat House of Representatives. Barangay (village) and youth council elections originally scheduled for 2021 were rescheduled for December 5, 2022, so that local and national elections would occur in the same year.

The Philippine National Police is charged with maintaining internal security in most of the country and reports to the Department of the Interior. The Armed Forces of the Philippines (armed forces), which reports to the Department of National Defense, is responsible for external security but also carries out domestic security functions in regions with a high incidence of conflict, particularly the Mindanao region. The two agencies share responsibility for counterterrorism and counterinsurgency operations. The national police Special Action Force is responsible for urban counterterrorism operations. Governors, mayors, and other local officials have considerable influence over local police units, including appointment of top departmental and municipal police officers and the provision of resources. The government continued to support and arm civilian militias. The armed forces controlled Civilian Armed Force Geographical Units, while Civilian Volunteer Organizations fell under national police command. These paramilitary units often received minimal training and were poorly monitored and regulated. Some political families and clan leaders, particularly in Mindanao, maintained private armies and, at times, recruited Civilian Volunteer Organization and Civilian Armed Forces Geographical Unit members into those armies. Civilian control over security forces was not fully effective. Members of the security forces committed numerous abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, by and on behalf of the government and nonstate actors; reports of forced disappearance by and on behalf of the government and nonstate actors; torture by and on behalf of the government and nonstate actors; harsh and life-threatening prison conditions; arbitrary detention by and on behalf of the government and nonstate actors; significant problems with the independence of the judiciary; arbitrary and unlawful interference with privacy; unlawful recruitment or use of child soldiers by terrorists and groups in rebellion against the government; serious restrictions on free expression and the press, including violence, threats of violence, and unjustified arrests or prosecutions of journalists, censorship, and the use of criminal libel laws to punish journalists; and corruption.

The government investigated a limited number of reported human rights abuses, including abuses by its own forces, paramilitaries, and insurgent and terrorist groups. Concerns about police impunity continued following the increase in killings by police in 2016. Significant concerns also persisted about impunity for other security forces, civilian national and local government officials, and powerful business and commercial figures. Slow judicial processes remained an obstacle to bringing government officials allegedly involved in human rights abuses to justice.

Muslim separatists, communist insurgents, and terrorist groups continued to attack government security forces and civilians, causing displacement of civilians and resulting in the deaths of security force members and civilians. Terrorist organizations engaged in kidnappings for ransom, bombings of civilian targets, beheadings, and the use of child soldiers in combat or auxiliary roles.

Section 3. Freedom to Participate in the Political Process

The law provides citizens the ability to choose their government by secret ballot in free and fair periodic elections based on universal and equal suffrage. Candidates, including for the presidency, frequently had their legal right to run for office challenged by political opponents based on alleged criminal history, citizenship, or other disqualifying conditions. These cases were sometimes pursued to the Supreme Court. Political candidates were allowed to substitute placeholders for themselves if unable to complete the registration process on time.

Elections and Political Participation

Recent Elections: The country conducted nationwide midterm elections in May 2019 for national and local officials. International and national observers viewed the elections as well organized and generally free and fair, but they noted vote buying continued to be widespread and that dynastic political families continued to monopolize elective offices. The PNP reported 60 incidents of election-related violence that led to 23 killings in the month leading up to the election and on election day, a 55 percent drop in violent incidents compared with the 2016 national elections. Election officials described the polls as relatively peaceful. International Alert, however, reported 144 election-related incidents in the Bangsamoro region alone, mostly fistfights and small-scale bombings. President Duterte’s release of his “narco-list” ahead of the 2019 midterms as a tool to defeat opposition candidates was of uncertain effect, as the Philippine Drug Enforcement Agency confirmed that 25 of 46 politicians on it won in the midterm polls.

Barangay and youth council elections were held in May 2018. On December 3, 2019, President Duterte signed into law a bill postponing the next barangay and youth council elections, previously scheduled for 2021, to December 2022 to align the schedule with national elections.

Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process, and they did participate. At the national level, women constituted nearly 30 percent of the legislature. Participation by these groups did not change significantly compared with previous elections.

Men dominated the political scene, although the number of women holding elected positions in government rose after the 2019 elections. Media commentators expressed concern that political dynasties limited opportunities for female candidates not connected to political families.

There were no Muslim or indigenous Senate members, but there were 11 Muslim members of the House of Representatives, mostly from Muslim-majority provinces, and at least three members of indigenous descent. Muslims, indigenous groups, and others maintained that electing senators from a nationwide list favored established political figures from the Manila area.

The law provides for a party-list system, designed to ensure the representation of marginalized and underrepresented sectors of society, for 20 percent of the seats in the House of Representatives.

Thailand

Executive Summary

Thailand is a constitutional monarchy, with King Maha Vajiralongkorn Bodindradebayavarangkun (Rama X) as head of state. In March 2019 Thailand held the first national election after five years of rule by a junta-led National Council for Peace and Order. The National Council-backed Phalang Pracharath Party and 18 supporting parties won a majority in the lower house, and they retained as prime minister National Council leader Prayut Chan-o-Cha, the leader of the 2014 coup and a retired army general. The election was generally peaceful with few reported irregularities, although observers noted that a restrictive legal framework and selective enforcement of campaign regulations by the Election Commission favored Phalang Pracharath-aligned parties.

The Royal Thai Police and the Royal Thai Armed Forces share responsibility for law enforcement and the maintenance of order within the country. The police report to the Office of the Prime Minister; the armed forces report to the Ministry of Defense. The Border Patrol Police have special authority and responsibility in border areas to combat insurgent movements. While more authority has been returned to civilian authorities following the election, they still do not maintain full control over the security forces. Members of the security forces committed a variety of abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings by the government or its agents; torture and cases of cruel, inhuman, or degrading treatment or punishment by government officials; arbitrary arrest and detention by government authorities; political prisoners; politically motivated reprisal, including allegations of forced disappearance, against individuals located outside the country; political interference in the judiciary; serious restrictions on free expression, the press, and the internet, including arrests and prosecutions of those criticizing the government, censorship, website blocking, and criminal libel laws; interference with the rights of peaceful assembly and freedom of association, including harassment against human rights activists and government critics; refoulement of refugees facing threats to their life or freedom; restrictions on political participation; serious acts of corruption; trafficking in persons; and significant restrictions on workers’ freedom of association.

Authorities took some steps to investigate and punish officials who committed human rights abuses. Official impunity, however, continued to be a problem, especially in the southernmost provinces, where martial law remained in effect in Yala, Pattani, and Narathiwat provinces while the deep south emergency decree was in effect in all but six districts in those provinces. In each of the six districts where the emergency decree has been lifted since 2011, the 2008 Internal Security Act has been subsequently invoked.

Insurgents in the southernmost provinces committed human rights abuses and made attacks on government security forces and civilian targets.

Section 3. Freedom to Participate in the Political Process

The constitution largely provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. In March 2019 the country held national elections after five years of rule by the military-led NCPO following a 2014 coup. The campaign season was mostly peaceful with many political parties competing for seats and conducting political rallies for the first time in five years. A restrictive legal framework and selective enforcement of campaign regulations by the Election Commission, however, impacted the final outcome in favor of the parties aligned with the Phalang Pracharath Party.

Elections and Political Participation

Recent Elections: The country held national elections in March 2019, following five years of military rule. In June 2019 parliament voted to return Prayut Chan-o-Cha to the premiership and in July 2019 Prayut’s cabinet was sworn in, officially disbanding the junta NCPO. On December 20, the government held local elections for the first time since the 2014 coup.

There were few reports of election irregularities during the March 2019 national elections, although there were frequent reports of vote buying by both government and opposition parties. The NGO Asian Network for Free Elections (ANFREL)–the only global organization allowed by the government to observe the election–found the election “partly free, not fair.” ANFREL noted many positive aspects of the election primarily related to election-day activities, including high voter turnout, free access to the polls, and peaceful conditions during the campaign and on election day. ANFREL found, however, that a restrictive and biased legal framework and lack of transparency by the Election Commission meant authorities “failed to establish the healthy political climate that lies at the heart of free and fair electoral process.”

Political Parties and Political Participation: Critics complained that police and courts unfairly targeted opposition parties for legal action. In February the Constitutional Court dissolved the opposition Future Forward Party (FFP), citing an illegal loan to the party from its leader, Thanathorn Juangroongruangkit, and banned all members of the party’s 16-person executive committee from politics for 10 years. Prodemocracy activists alleged the decision was part of a politically motivated effort to weaken a key opposition party. Thanathorn and other former FFP leaders remained under indictment in more than 20 other cases, many of which carry jail terms.

Participation of Women and Members of Minority Groups: No law limits participation of women and members of minority groups in the political process; however, their participation was limited. There were 76 female members of parliament in the elected lower house out of 489 members and 26 female senators out of 250 members. There were four women in the 35-member cabinet, all in deputy minister positions. There were four lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals in parliament and one member of the Hmong ethnic group.

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