JOURNAL ARTICLE: The Emergence of a Hybrid Public Sphere in Myanmar: Implications for Democratisation

Publication date: 20 April 2021

Publication: TRaNS: Trans-Regional and -National Studies of Southeast Asia

Authors: Carl Middleton and Tay Zar Myo Win

Abstract:

Myanmar was under a military government for almost six decades, during which time the state maintained an ‘authoritarian public sphere’ that limited independent civil society, mass media and the population's access to information. In 2010, Myanmar held flawed elections that installed a semi-civilian government and established a hybrid governance regime, within which civil, political and media freedoms expanded while the military's influence remained significant. In this paper, we examine ‘hybrid governance at work’ in the ‘hybrid public sphere’, that holds in tension elements of an authoritarian and democratic public sphere. The boundaries of these spheres are demarcated through legal means, including the 2008 military-created Constitution, associated judicial and administrative state structures and the actions of civil society and community movements toward political, military and bureaucratic elite actors. We develop our analysis first through an assessment of Myanmar's political transition at the national level and, then, in an empirical case of subnational politics in Dawei City regarding the planning of the electricity supply. We suggest that the hybrid public sphere enables discourses—associated with authoritarian popularist politics in Myanmar—that build legitimacy amongst the majority while limiting the circulation of critical discourses of marginalized groups and others challenging government policies. We conclude that for substantive democracy to deepen in Myanmar, civil society and media must actively reinforce the opportunity to produce and circulate critical discourse while also facilitating inclusive debates and consolidating legislated civil, political and media freedoms. On 1 February 2021, shortly after this article was finalized, a military coup d’état detained elected leaders and contracted the post-2010 hybrid public sphere, including constraining access to information via control of the internet and mass media and severely limiting civil and political rights.

Keywords: hybrid governance, accountability, authoritarian public sphere, media freedoms, Dawei

See the article here.

Citation: Middleton, C., & Win, T. (2021). The Emergence of a Hybrid Public Sphere in Myanmar: Implications for Democratisation. TRaNS: Trans -Regional and -National Studies of Southeast Asia, 1-20. doi:10.1017/trn.2021.2

CRITICAL NATURE: Protecting journalists to protect the environment: Can a Southeast Asian Press Councils Network help?

by Anisa Widyasari*

[Thai version available here]

Deforestation in Borneo. Picture by IndoMet in the Heart of Borneo, CC BY 2.0, via Wikimedia Commons

In Southeast Asia, journalism work can be dangerous with environmental reporters among those who consistently face threats, physical harm and even get killed for doing their work. This is of extreme concern as environmental journalists are at the forefront of our quest to protect the environment, as they play a pivotal role in educating the public about environmental issues.

Southeast Asia is consistently ranked[i] amongst those with the most hostile climate for journalists and environment reporters with many targeted with threats and, in some cases, even murdered. The Guardian stated that environmental reporting is the one of the most dangerous fields of journalism after war reporting[ii]. Based on the report released by Reporters Sans Frontières (RSF) in 2016, ninety percent of the killings of environmental journalist have been in Asia, with Southeast Asia being the deadliest[iii].

One of the most important agencies for the protection of journalists and press freedom are national Press Councils. These are self-regulatory bodies set up by the media themselves in order to maintain public confidence – they set professional standards for journalists and set rules so that people featured in news media can complain if there is inaccuracy.[iv] Therefore, Press Councils play an important role in ensuring media accountability. A Press Council stands for good, responsible and reliable journalism as it promotes an ethical code for journalists and investigates complaints about a breach of this code[v]. By abiding to the rules of a Press Council, journalists and media professionals declare their dedication to the values of objectivity, plurality and democracy.

In Southeast Asia, Press Councils are present in only five of the eleven countries: Indonesia, the Philippines, Thailand, Myanmar, and Timor-Leste. In 2019, four of them established the Southeast Asian Press Councils Network (SEAPC-Net), citing the need for regional cooperation[vi]. The idea of this regional cooperation was seen as beneficial in the effort to improve press freedom in the region. Regional cooperation can address common regional press challenges and opportunities in Southeast Asia as well as provide a platform for journalists to exchange information.

This article looks at the current state of environmental journalism in Southeast Asia and explores whether a Regional Press Councils Network would be able to both help protect environmental journalists and further goals on sustainable development across Southeast Asia.

The Status of Press Freedom in Southeast Asia

Southeast Asia faces a critical situation in regard to fundamental freedoms, which include press freedom (as cited by several press freedom reports and freedom of expression index including Reporters Sans Frontières (RSF)[vii] and Freedom House[viii]). Despite having an ASEAN Charter and ASEAN Human Rights Declaration which stipulates that ASEAN and its Member States shall respect every person’s “right to freedom of opinion an expression, including freedom to hold opinions without interference and to seek, receive and impart information”[ix], current trends show that the space for public to express their opinion is shrinking throughout the region.

Figure 1. Southeast Asian Countries performance in Press Freedom Index by RSF[x] and Global Freedom Index by Freedom House[xi], 2020

According to the 2020 World Press Freedom Index from RSF, Timor-Leste, is the only country in the region with a rank among the top 100. The rest, with the exception of Malaysia and Indonesia, are within the bottom third of the list with Vietnam being the worst performing country in terms of press freedom in the region. Meanwhile, the 2020 report from Freedom House showed that, except for Timor-Leste, none of the countries in the region can be categorized as ‘free’ with regards to freedom of expression; The Philippines, Indonesia, Malaysia, Singapore, and Thailand were ‘partly free’ while the others were ‘not free’. This data provides a good insight on the serious situation faced by journalists working in Southeast Asia.

The data also shows the poor record of the government in the region in upholding press freedom, even though rights to freedom of press is acknowledged in various international human rights instruments. Article 19 of the Universal Declaration on Human Rights explicitly states that: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontier”.

The countries in the region, except Brunei, Malaysia, Myanmar and Singapore, are also a signatory party to the International Covenant on Civil and Political Rights (ICCPR). ICCPR also guarantees the freedom of the press in its Article 19, which explains that “everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”.

Today, in Southeast Asia, only five countries have existing Press Councils: Indonesia, the Philippines, Thailand, Myanmar, and Timor-Leste. The presence of these self-regulatory bodies in a minority of countries in the region is indicative of the predominance of state regulation around the region, instead of media self-regulation, in dealing with media ethics and freedom issues. The predominance of state-owned or controlled media has prevented the emergence of independent bodies to examine media ethical practices as well as promote freedom of the press.

Harassment of Environmental Journalists

Harassment of environmental journalists most often by state actors is common in the region. Some of these incidents have even resulted in the deaths of reporters. The high risks faced by environment journalists is on a par with the serious threats faced by environmental activists: for instance, 164 environmental activists were killed in 2018 globally with the Philippines found to be the deadliest country for environmental defenders in that year, with 30 environmentalists murdered[xii].

One of the most infamous cases of the killing of an environment journalist in the Philippines happened in January 2017: Mario Contaoi, an educator and former environmental protection broadcaster, was shot dead by an unknown assailant. Contaoi was frequently outspoken against the heavy military presence in places where environmentally destructive projects are located[xiii]. Even until now, the authorities have yet to determine the assailant and the motive for the murder[xiv].

In Cambodia, Hang Serei Odom, a reporter for the Khmer-language Virakchun Khmer Daily, was found dead in the trunk of his car at a cashew plantation in O'Chum district of northeastern Ratanakiri province in September 2012. Hang Serei Odom frequently reported on illegal logging activities in the province[xv]. A local military police captain and his wife were initially charged with the murder, but charges were later dropped[xvi].

Myanmar is also a dangerous place to report on the environment. Soe Moe Tun, a local journalist for Daily Eleven newspaper was beaten to death on December 2016. The perpetrator and motive behind his murder was not found, but at the time of his death, he was investigating a story of illegal logging and wood smuggling in Sagaing Region[xvii]. Just a few months before, in October, another journalist, Ko Tin Zaw Oo, who had been writing about the illegal sawmills in Thabeikkyin Township was receiving threats and intimidation and had to go into hiding[xviii].

In Indonesia, Maraden Sianipar and Martua Siregar, two journalists who had reported on an illegal oil palm plantation in North Sumatra were found dead in a ditch near the plantation on October 30 2019, just a few weeks after the death of Golfrid Siregar, a well-known environmental activist also from North Sumatra[xix]. Five people, including the alleged owner of an oil palm plantation in Sumatra where two journalists were found dead, have been charged with their murder[xx].

Environmental reporting is not only risky for the journalists but it’s also dangerous for the local communities since most of the environmental reporting will cover cases which feature the affected communities. One of the most chilling examples is the death of Chut Wutty, the president of the Phnom Penh-based Natural Resource Conservation Group, who was killed by the police while taking to two journalists near an allegedly illegal logging site in April 2012[xxi].

The dangers of environmental reporting also include legal risks. Legal harassment is one of the most common forms of harassment of environmental journalists, the region’s governments are adept at passing and using repressive laws to silence voices of dissent. More recently, the growth of online media platforms has resulted in a mushrooming of laws aimed at curbing web-based journalism and silencing online reporting.

For example, on November 12, 2015 in Thailand, Tungkum Ltd., a Thai mining firm filed an initial complaint against several journalists from Thai PBS, the local public television channel, about a citizen-journalist news clip showing a youth camp involved in raising awareness of environmental issues in Wang Sa Phung District, Loei Province[xxii]. The firm filed the complaint referring to Section 326 of Thailand’s criminal code on public defamation[xxiii]. According to Fortify Rights, during 2010-2018, Tungkum Ltd. has brought at least 19 other criminal and civil lawsuits against 33 Loei residents, including members of the Khon Rak Ban Kerd Group (KRBKG), a community-based environmental organization actively engaged in protesting local gold mining operations[xxiv].

This legal harassment does not just target local journalists but foreign journalist as well. In a case from Indonesia last year, Philip Jacobson, an editor for the non-profit U.S.-based conservation and environmental science platform Mongabay was detained on December 17, 2019 then later arrested on January 21, 2020 by Indonesia’s immigration authorities alleging that he violated the conditions of his visa[xxv].  Jacobson has previously written articles for Mongabay about the environmental destruction caused by one of Indonesia’s largest paper producers in Borneo, and often criticized Indonesian president Joko Widodo on his track record on environmental issues[xxvi].

Would a Press Council have worked to support or defend the journalists in these above cases? The answer is not yet totally clear since in those countries with a Press Council, their role in these cases of harassment has varied from country to country.  In general, the power of the Press Council is related to media ethics and their own code of conduct, so they are unable to interfere with legal proceeding when court cases are brought against reporters. The role of the Press Council seems mainly to raise awareness about the cases and pressure their government to uphold principles of press freedom, a role which could be amplified cross the region by an active network of Regional Press Councils. A Press Councils Network could also help to consolidate regional advocacy strategies in pressuring individual governments to ensure press freedom in their respective countries.

Environmental Journalism for Enhanced Transparency and Accountability

In Southeast Asia as elsewhere, a number of so-called development projects can result in adverse impacts on the environment and local economies. Journalists play an important role in raising public awareness about the socio-environmental impact of these projects. Along with Civil Society Organisations (CSO) and others, reporters help with transparency and accountability in public sector projects undertaken by the government and also private sector investments. Press freedom is therefore an essential pillar for achieving sustainable development in the region.

In December 2018, Center for Social Development Studies (CSDS) organized a Policy Forum on Resource Politics and the Public Sphere in Southeast Asia: Deliberation, Accountability and Alternatives, which addressed the challenge of the shrinking public sphere in the region, including the media. The event highlighted the role of public spaces, mass media, and social media in protecting the local commons and community livelihoods, and therefore showing the importance of environmental reporting as the pillar of sustainable development[xxvii]. From the discussion on the event, it is apparent that journalists can help further the message of sustainable development by writing compelling stories and help educating the public in the process.

One example of the role of journalism in sustainable development is the environmental reporting on topics around the Mekong River, where journalists are working together to raise awareness about the dangers to the Mekong River Basin ecosystems and the impacts of development projects like hydropower infrastructure on livelihoods and health[xxviii]. Formed in September 2014, the Mekong Matters Journalism Network helped to connect and train journalists in the Lower Mekong and they have produced numerous stories covering environmental issues such as drought, coal plants and hydropower[xxix].

This kind of positive initiative would be useful if replicated in other places in the region, and this is where a Regional Press Councils Network could play a valuable role in providing a platform for journalists in the region to exchange information, not only about news and stories but also about best practices and initiatives that could help maximize their role in educating the public especially in regard to environmental issues.

Utilizing the Existing Media Networks

One example of an existing Regional Press Councils Network is the Alliance of Independent Press Councils in Europe (AIPCE), which is a loose-knit network of European Press Councils for both press and broadcast media[xxx]. The network regularly organized annual conferences where it provides a forum for media, Press Councils and other international organizations to discuss topics on journalistic ethics and to exchange ideas, experiences and information. The network has been seen as a useful platform to learn from each other and discuss the common challenges and sharing advice on how to keep the Press Council in each country independent and financially sustainable[xxxi].

In Southeast Asia, Southeast Asian Press Councils Network (SEAPC-Net) was established in September 2019 with the Indonesia Press Council, Myanmar Press Council, Timor-Leste Press Council and the National Press Council of Thailand as the founding members through the Bangkok Declaration[xxxii]. In the declaration, they mentioned the need for regional co-operation between the Press Councils and recognized the similarities of the challenges in Southeast Asia in terms of press freedom.  One of the activities they did together in 2020 was issuing a joint statement on May 6 about combating COVID-19, where the network reminded the press to always comply with the basic principles in the journalists’ code of ethics as well as to adhere to the health and safety protocols when reporting on COVID-19 cases[xxxiii]. On December 11 last year, they also held their annual general meeting where they set plans for 2021, which includes expanding the network and organizing seminars related to promoting freedom and ethics of the press in the region[xxxiv].

Apart from coordinating their efforts in tackling various journalism and ethics issues in the region, another thing that could be expected from the work of a Southeast Asia Press Councils Network is for them to be working together with existing journalists in other countries in the region who still do not have an official Press Council. The Press Councils Network could help those countries to establish one by advocating its importance to the governments, as well as sharing the best practices they already have in their own countries.

In terms of protection of journalists especially those who are covering on sensitive topics like illegal logging, mining and wildlife trade, the Press Councils Network could make a joint effort in raising awareness of this issue, highlighting how instead of looking at environment journalists as a threat, they should be seen as valuable allies in achieving goals on sustainable development, and also ensure that there is better accountability in managing development projects both by state and the private sector. The journalists can be better afforded protection if governments are serious about the threats faced by reporters who need to deal with actual physical harm just for doing their duty as reporters. It also can help if governments do not always try to use harsh laws to clamp down on press reporters. Regional governments therefore should take adequate steps to ensure the protection of the environment journalists and help them to conduct their duties by providing a safe working space.

Acknowledgment

The author would like to thank Rajesh Daniel and Carl Middleton for their helpful comments and editorial review of this article.

———-

* Researcher, Center of Excellence in Resource Politics for Social Development, Center for Social Development Studies, Faculty of Political Science, Chulalongkorn University

[i] See also: Hostile Climate For Environmental Journalist (RSF, 2015), 2020 World Press Freedom Index: “Entering A Decisive Decade For Journalism, Exacerbated By Coronavirus” (RSF, 2020), A Leaderless Struggle For Democracy (Freedom House, 2020).

[ii] Juliette Garside and Jonathan Watts, 'Environment Reporters Facing Harassment And Murder, Study Finds' (the Guardian, 2019).

[iii] Reporters Without Borders, 'Hostile Climate For Environmental Journalist' (2015).

[iv] Alliance Of Independent Press Councils Of Europe (AIPCE), ‘About' (Presscouncils.eu, 2015).

[v] 'Role Of A Press Council In Promoting Responsible Journalism' (Unesco.org, 2013).

[vi] Southeast Asian Press Councils Network, 'Bangkok Declaration' (2018).

[vii] '2020 World Press Freedom Index: “Entering A Decisive Decade For Journalism, Exacerbated By Coronavirus”' (RSF, 2020).

[viii] 'A Leaderless Struggle For Democracy' (Freedom House, 2020).

[ix] ‘Charter of the Association of Southeast Asian Nations (ASEAN Charter)’ (asean.org, 2007).

[x] '2020 World Press Freedom Index | Reporters Without Borders' (RSF, 2020).

[xi] 'Countries And Territories' (Freedom House, 2020).

[xii] ‘Defending The Philippines' (Global Witness, 2019).

[xiii] 'The Murder Of Environmental Protection Advocates Must Outrage Us All' (The Manila Times, 2017).

[xiv] The Aktionsbündnis Menschenrechte – Philippinen, 'Human Rights In The Philippines Under Duterte' (2019).

[xv]   'Cambodian Journalist Found Dead In His Own Car' (Committee to Protect Journalists, 2012).

[xvi]   ‘A Bad Year For Journalism' (The Cambodia Daily, 2018).

[xvii] Maung Zaw, 'Police Suspect Murder After Eleven Media Reporter Found Dead' (The Myanmar Times, 2016).

[xviii] Kyaw Ko Ko, 'Mandalay Journalist Threatened After Reporting On Illegal Logging' (The Myanmar Times, 2016).

[xix] 'Indonesian Journalists Critical Of Illegal Palm Plantation Found Dead' (EcoWatch, 2019).

[xx] Basten Gokkon, 'Palm Owner Charged With Ordering Murder Of Two Journalists In Indonesia' (Mongabay Environmental News, 2019).

[xxi]  'Cambodian Activist Killed While Helping Journalists' (Committee to Protect Journalists, 2012).

[xxii] 'Thailand: Dismiss Criminal-Defamation Charges Against Thai PBS And Journalists - Fortify Rights' (Fortify Rights, 2018).

[xxiii] 'Tung Kham Company Sued Youth Journalist And Thai PBS' (Freedom.ilaw.or.th).

[xxiv] 'Thailand: Uphold Decision To Dismiss Criminal-Defamation Complaint Against Thai PBS And Journalists - Fortify Rights' (Fortify Rights, 2018).

[xxv] Richard C. Paddock, 'American Journalist Is Arrested In Indonesia Over Visa Issue' (Nytimes.com, 2020).

[xxvi]   Amy Gunia, 'Indonesia Arrests American Journalist Over Alleged Visa Issue' (Time, 2020).

[xxvii]   CSDS Communications, 'EVENT [REPORT]: Policy Forum On Resource Politics And The Public Sphere In Southeast Asia: Deliberation, Accountability And Alternatives [Bangkok, 13 December 2018] — Center For Social Development Studies' (CSDS, 2018).

[xxviii] 'Mekong Matters Journalism Network' (Earth Journalism Network).

[xxix] ‘Environmental Journalists Net Stories In The Mekong | Internews' (Internews.org, 2017).

[xxx] 'Alliance Of Independent Press Councils Of Europe' (Ethical Journalism Network).

[xxxi] 'European Press Councils Reaffirm Central Role Of Self-Regulation In Maintaining The Quality Of Journalism' (UNESCO, 2017).

[xxxii] Southeast Asian Press Councils Network, 'Bangkok Declaration' (2018).

[xxxiii] 'Joint Statement : SEAPC-Net Solidarity In Combating The Pandemic Coronavirus (COVID-19)' (Presscouncil.or.th, 2020).

[xxxiv] ‘ปธ. สภาการสื่อมวลชนฯ ประชุมสามัญประจำปี SEAPC-Net’ (Presscouncil.or.th, 2020).

JOURNAL ARTICLE: National Human Rights Institutions, Extraterritorial Obligations and Hydropower in Southeast Asia: Implications of the Region’s Authoritarian Turn

Publication date:
June 2018

Publication: Austrian Journal of Southeast Asia Studies

Authors:
Carl Middleton

Abstract:
This article examines the role of National Human Rights Institutions (NHRIs) and transnational civil society in pursing Extraterritorial Obligation (ETO) cases in Southeast Asia as a means to investigate human rights threatened by cross-border investment projects. Two large hydropower dams under construction in Laos submitted to NHRIs from Thailand and Malaysia, namely the Xayaburi Dam and Don Sahong Dam, are detailed as case studies. The article argues that the emergence of ETOs in Southeast Asia, and its future potential, is dependent upon the collaborative relationship between the NHRIs and transnational civil society networks. Whilst NHRIs are in positions of political authority to investigate cases, civil society also enable cases through networking, research, and public advocacy. Further institutionalization of ETOs is significant to emerging regional and global agendas on business and human rights, including the UN Guiding Principles on Business and Human Rights that both the Thai and Malaysian governments have expressed commitment to. However, in Thailand and its neighboring countries where investments are located there has been an authoritarian turn. Reflecting this, there are weakening mandates of NHRIs and reduced civil and political freedoms upon which civil society depends that challenges the ability to investigate and pursue cases.

Read the article here.