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Asia's response to humanitarianism



HEADLINES
(1) Bomb damages monument (Bangkok Post - Dec 13, 98)
(2) Anwar injuries have to wait (Hong Kong Standard - Dec 14, 98)
(3) Mahathir warns of `colonialism' (Hong Kong Standard - Dec 14, 98)
(4) ASEAN BRIEF: Dashed Hopes (The Nation - Dec 14, 98)
(5) Law and war: Asia's response to humanitarianism  (The Nation - Dec 14, 98)
(6) China Detains Two More Dissidents (The New York Times) ( December 13,
1998)
(7) Myanmar's Suu Kyi Marks Anniversary (AP - Dec 10, 98)

(1)Bomb damages monument
Anucha Charoenpo 

Abomb attack on Democracy Monument on Friday night was meant as "a warning
against the country" said the Metropolitan Police commissioner yesterday.

Pol Lt-Gen Wannarat Kotcharak declined to elaborate or say who he thought was
responsible for the bombing which no group has claimed. 

The small bomb went off near the base of the monument at 7.30 p.m. It had been
placed in a group of spotlights. The explosion scattered brick and glass
around the area but there were no injuries.

Pol Lt-Gen Wannarat said investigators were awaiting test results from the
Evidence Detection Division.

Pol Maj-Gen Jakthip Kunchorn na Ayuthaya, the Metropolitan Police assistant
chief, said the explosion had been small and he did not think it was connected
to the Asian Games.
Prior to the games police have been keeping a watch on international
terrorists who might stage acts of sabotage in the kingdom.
Bangkok Post - Dec 13, 98


(2)Anwar injuries have to wait

KUALA LUMPUR: Officials were too busy to turn to a report on injuries
sustained by ousted deputy premier Anwar Ibrahim while in police custody,
Malaysia's attorney-general claimed yesterday. 

``We have been very busy lately and I cannot promise a time frame to study the
investigation papers,'' Mohtar Abdullah said. ``We will proceed when we are
ready.'' - AFP 
Hong Kong Standard - Dec 14, 98


(3)Mahathir warns of `colonialism'

PRIME Minister Mahathir Mohamad warned yesterday of foreigners recolonising
Malaysia through ``puppets'' as he renewed his attacks on Vice-President Al
Gore and financier George Soros. 

``Al Gore and Soros are extremely insolent,'' he said in closing remarks to an
assembly of the United Malays National Organisation (Umno), the main party in
the nation's ruling National Front coalition. 

``For 400 years, we were under colonial rule. We did not progress. 
``But 40 years after independence, we have grown more than 100 times,'' he
added. 

During a visit last month, Mr Gore described supporters of ousted deputy
premier Anwar Ibrahim as ``brave'', unleashing a torrent of hysterical outrage
from Dr Mahathir's supporters. 
Rather than preaching to Malaysians, Dr Mahathir said foreigners ``must learn
from us'' instead. 

``Those who try to preach to us do not do anything,'' he said, adding that
``this race'' was trying to ``teach'' Malaysians. 
``We do not bow to them. As long as Umno is united and strong, our country
will not be ruled by foreign powers. 
``We have to condemn those who try to conquer us, whether they are capitalists
or politicians,'' the veteran leader said. 

Earlier yesterday, the 73-year-old premier said foreigners were ``searching
for a credible stooge'' in Malaysia, in apparent reference to Anwar. ``When
they have identified their stooge, they use the weaknesses in the person to
control the individual (who would eventually) take over the leadership of
Malaysia and obey their orders,'' he said. 

``It can be clearly seen that attempts to colonise the nation have already
been made,'' he told the 1,900 delegates at the assembly, called to amend the
party constitution. 
An Umno member said that among the amendments was that a candidate seeking the
presidency, which Dr Mahathir currently holds, must secure nominations from at
least 30 per cent of the divisions, while candidates for the number two post
must obtain 20 per cent. 

Political analyst Rustam Sani said such a rule would benefit the incumbent.
``What they want to do is to ward off any challenge. I do not know Mahathir's
position in Umno, but some say it's bad.'' 

Dr Mahathir also said he would like his next deputy to be an ``exact replica
of myself'' in terms of policy direction. ``The main thing is that the
policies are followed . . . not so much the personalities,'' he said,
reiterating he did not want to appoint a new deputy until the annual assembly
in June. - Agencies 
Hong Kong Standard - Dec 14, 98


(4)ASEAN BRIEF: Dashed Hopes

This year Vietnam failed to bring Cambodia into the grouping as a member. The
no-consensus solution of the foreign ministers on Cambodia's entry on Friday
dashed Vietnam's high hopes to be the first host of a 10-member Asean. 

Many considered the foreign ministers' decision as final but Vietnam, as host,
pushed for re-consideration at the Asean ministerial meeting on Saturday. It
has been known that Laos, Burma, Malaysia and Indonesia also wish to have
Cambodia included in the grouping during the Hanoi summit. 

However, this time some countries supporting Cambodia's entry were not there
to help. 
Laotian Foreign Minister Somsavat Lengsavad left the meeting early due to
health problems and Malaysia's Foreign Minister Abdullah Badawi had to return
home to attend his party's meeting before he returns with his premier Monday. 

Welcoming New Faces 

The summit starting on Tuesday will see five new faces. The first new face
will be Vietnam's President Pham Van Khai. His government has been doing its
best to ensure that all participants and journalists enjoy his country's
hospitality. Others are the actor-turned Philippine president Joseph Estrada,
Bacharuddin Jusuf Habibie, successor of Indonesia's former president Suharto
and Laotian Prime Minister Sisavat Kaewbunphan. 

This will also be the first time that Prime Minister Chuan Leekpai has
attended an Asean summit even though this is his second stint as premier.
Asean veterans are Malaysia's Prime Minister Mahathir Mohamad, Brunei's Prime
Minister Sultan Bokiah and Singapore's Prime Minister Goh Chok Tong. 

Smaller Coverage 

The unprecedented economic crisis has badly hit Southeast Asian countries and
spread to other continents. A visible impact from the crisis could be clearly
seen by the journalists assigned to cover the Asean summit in Hanoi. 

An Indonesian journalist said that only two had been sent from his country to
cover the meeting, due mostly to the economic crisis and his country's
domestic problems. The number of journalists from other Asean nations, like
Malaysia, the Philippines and Singapore has visibly decreased. 

Even Japanese newspapers seem to be affected by the economic slowdown as there
are fewer journalists covering the summit. However, despite the decrease, the
number of Japanese reporters covering the event still outnumber Asean
reporters. 

Hot Money Flows 

Southeast Asian nations will study the possibility of setting up a mechanism
to protect the region from shocks associated with hot money flows, Indonesia's
top economics minister said Sunday. 
Ginandjar Kartasasmita, coordinating minister for economy, finance and
industry, said Asean would examine ways of monitoring capital flows. 

''There will be an agreement for Asean to study how we get together to set up
a mechanism to monitor and in due course protect this area from the shocks of
short-term capital flows, but there are no immediate steps in that
direction,'' he said. 

Ginandjar was speaking on the sidelines of a meeting between Asean foreign and
economic ministers that has tried to focus on dragging the region out of the
doldrums. 
In September, Malaysia announced the imposition of capital controls to the
concern of many foreign investors. 
The Nation - Dec 14, 98


(5)Law and war: Asia's response to humanitarianism

Despite the end of the Cold War, more people have fallen victims to armed
conflict than at any time in modern history. How should they be protected?
Vitit Muntarbhorn writes. 

BANGKOK -- Next year will be the 50th anniversary of four key international
agreements concerning the protection of victims in times of war or armed
conflicts. Known as the four Geneva Conventions, these instruments have been
ratified by most countries of the globe. They are the basis of international
humanitarian law, namely law concerning armed conflicts, especially the
protection of their victims. 

The roots of humanitarianism can be found in Asia, as in other regions, dating
back many centuries. The precept ''You shall not kill'' can be traced to all
the major religions prevailing in Asia and has exerted great influence on
humanitarian principles and practices, whether in peace or in war. 

Indigenous traits add to that perspective. In India, for example, ancient laws
in the form of the Code of the Manu and the Dharmasastra laid down rules
concerning the conduct of rulers towards their peoples. These include humane
action towards the vanquished and the prohibition of poisoned weapons. For
instance, the Code of the Manu stated the following: 

''Nor should anyone (mounted) slay an enemy down on the ground, a eunuch, a
suppliant, one with loosened hair, one seated, one who says, 'I am thy
prisoner'. Nor one asleep, one without armour, one naked, one without weapons,
one not fighting, a looker-on, one engaged with another. Nor one who has his
arms broken, a distressed man, one badly hit, one afraid, one who has fled;
remembering virtue, one should not slay them''. 

In Thailand, the medieval stone inscription of King Ramkamhaeng advocated the
principle that one should not maim or kill prisoners of war. There was a close
link with Indian influences in that Buddhism had been brought into Thailand
from India. It was an Indian emperor by the name of Asoka (273-232 BC) who
spread Buddhism to other countries, including Thailand. He was also a great
proponent of humanitarian conduct, as witnessed by his Kalinga Edicts which
established the principle of humane treatment of prisoners of war. 

The evolution of laws concerning warfare by means of international
declarations and treaties in the second half of the 19th century and the first
half of the 20th century was supported by a number of Asian countries which
existed at the time. For example, China, Japan, (then) Persia, Turkey and
(then) Siam were parties to two key instruments countering the use of certain
types of weapons at the turn of the century: the 1899 Hague Declaration (IV,
2) concerning 

Asphyxiating Gases and the Hague Declaration (IV, 3) concerning Expanding
Bullets. States parties to the various 1907 Hague Conventions on the laws and
customs of war included China, Japan, (then) Persia, Turkey, and (then) Siam. 

However, the Second World War proved to be traumatic for Asia in that the
damage incurred was widespread and extensive, especially as Japan was one of
the main protagonists of the war. The Tokyo trials which parallelled the
Nuremburg Tribunal took place after the war and they highlighted the war
crimes and other violations of humanitarian principles committed by Asians. At
that juncture, Asia was a region full of self-doubt, having lived through
precarious times with an often tenuous line between colluder and victim. 

Turning point 

A crucial turning point for international humanitarian law and action in the
wake of the Second World was the emergence of the four Geneva Conventions in
1949, namely: 
- Geneva Convention I for the Amelioration of the Conditions of the Wounded
and Sick in Armed Forces in the Field; 
- Geneva Convention II for the Amelioration of the Condition of Wounded, Sick
and Shipwrecked Members of the Armed Forces at Sea; 
- Geneva Convention III relative to the Treatment of Prisoners of War; 
- Geneva Convention IV relative to the Protection of Civilian Persons in Time
of War. 

At the time of the conclusion of the drafting process of these treaties,
several Asian countries, such as Thailand, were willing to ratify them
expeditiously. This was, in part, due to the fact that they wished to belong
to and be seen to belong to the international community and leave behind the
traumas of the war. 

Since then, there have been comprehensive ratifications/accessions by Asian
countries to these instruments, indicating that at least in terms of political
will, there is general willingness to adhere to the humanitarian principles
espoused by the four Geneva Conventions. 

The four Geneva Conventions were and are essential for laying the ground rules
for conduct towards soldiers hors de combat, prisoners of war and civilians in
times of international armed conflicts. These vary from help for fallen
soldiers to humane treatment of prisoners of war and safeguards for civilians
in the territories occupied by the parties to armed conflicts. 
The Conventions went further to encompass non-international armed conflicts,
although in a limited form. But Article 3, common to all the four Conventions,
stipulated: ''In the case of armed conflict not of an international character
occurring in the territory of one of the High Contracting Parties, each Party
to the conflict shall be bound to apply, as a minimum, the following
provisions: 
(1) Persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention, or any other cause, shall in all circumstances be
treated humanely, without any adverse distinction founded upon race, colour
religion or faith, sex, birth or wealth, or any other similar criteria. 
To this end, the following acts are and shall remain prohibited at any time
and in any place whatsoever with respect to the above-mentioned persons: 
(a) violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture; 
(b) taking of hostages; 
(c) outrages upon personal dignity, in particular humiliating and degrading
treatment; 
(d) the passing of sentences and the carrying out of executions without
previous judgement pronounced by a regularly constituted court, affording all
the judicial guarantees which are recognised as indispensable by civilised
peoples. 
(2) The wounded and the sick shall be cared for. 
An impartial humanitarian body, such as the International Committee of the Red
Cross, may offer its services to the Parties to the conflict. 

The Parties to the conflict should further endeavour to bring into force, by
means of special agreements, all or past of the other provisions of the
present Convention. 
The application of the preceding provisions shall not affect the legal status
of the Parties to the conflict.'' 

''Common Article 3'' above is particularly important as most armed conflicts
in Asia and elsewhere since the end of the Second World War have been non-
international armed conflicts or civil wars rather than international armed
conflicts. En passant, it should be noted that the Geneva Conventions, even
common Article 3, do not cover situations of internal tensions and internal
disturbances. 

Modern warfare 

Although the four Geneva Conventions laid the groundwork for humanitarian law
and action after the Second World War, they were incomplete for a variety of
reasons. First, it was unclear whether the notion of international armed
conflicts covered wars of self-determination or wars of national liberation.
Second, the situations covered in the four Conventions tended to deal with the
practices on the part of the parties to armed conflicts after occupying a
territory rather than prior to its occupation. 

Third, they did not deal with the regulation or prohibition of the use of
certain weapons. This was in spite of the fact that the Hague instruments
referred to above had endeavoured to counter the use of certain types of
weapons and that those instruments needed further development to deal with
modern warfare. 
Fourth, the four Geneva Conventions did not stipulate clearly the need to
distinguish between civilian and military targets, nor did they have a
provision against indiscriminate attacks. 

Fifth, the rules concerning protection of medical units and personnel in the
four Conventions were underdeveloped. Sixth, these Conventions were weak in
regard to monitoring for compliance. Seventh, in regard to non-international
conflicts, common Article 3 was too concise and needed more elaboration. 

These shortcomings were overcome to a large extent, at least in principle, by
the adoption of two Protocols in 1977, namely: 

- Protocol I Additional to the Geneva Conventions of 12 August 1949 and
Relating to the Protection of Victims of International Armed Conflicts; 
- Protocol II Additional to the Geneva Conventions of 12 August 1949, and
Relating to the Protection of Victims of Non-international Armed Conflicts. 
They are generally known as Protocol I and Protocol II. 

Wars of self-determination or national liberation are now elevated to the
status of international armed conflicts for the application of humanitarian
law. This is supported by Article I (4) of Protocol I which provides that: 
''The situations referred to in the preceding paragraph include armed
conflicts in which peoples are fighting against colonial domination and alien
occupation and against racist regimes in the exercise of their right of self-
determination, as enshrined in the Charter of the United Nations and the
Declaration on the Principles of International Law concerning Friendly
Relations and Cooperation among States in accordance with the Charter of the
United Nations''. 

The Scope of Protocol I now covers victims in situations prior to as well
after occupation by the parties in conflict. Protocol I also establishes a key
principle against weapons causing unnecessary suffering. By Article 35, it is
stated that: 
''1. In any armed conflict, the right of the Parties to the conflict to choose
methods or means of warfare is not unlimited. 
2. It is prohibited to employ weapons, projectiles and material and methods of
warfare of a nature to cause superfluous or unnecessary suffering. 
3. It is prohibited to employ methods or means of warfare which are intended,
or may be expected, to cause widespread, long-term and severe damage to the
natural environment.'' 
However, the debate concerning whether to prohibit nuclear weapons was too
difficult for the negotiations leading the Protocol I to accommodate, and
Protocol I cannot be interpreted to cover clearly such weapons. Moreover, the
Articles 35 mentioned did not specify which types of weapons were to be
encompassed. This lack of clarity has made it necessary to look beyond that
protocol to other treaties linked with disarmament for the development of
international law to specify which types of weapons are to be prohibited,
regulated and/or eliminated. These are dealt with later in relation
international instruments concerning biological/bacteriological weapons,
chemical weapons, anti-personnel mines and nuclear weapons. 

In regard to the need to distinguish between civilian and military targets,
Protocol I is an improvement on the four Geneva Conventions due to its
stipulation in Article 48 that: 
''In order to ensure respect for and protection of the civilian population and
civilian objects, the Parties to the conflict shall at all times distinguish
between civilian population and combatants and between civilian objects and
military objectives and accordingly shall direct their operations only against
military objectives.'' 

Protocol I now has more extensive provisions to protect medical units and has
introduced a monitoring mechanism for humanitarian law in the form of an
international fact-finding commission. However, such commission depends upon
the consent of the parties and has not yet been used. Its jurisdiction is also
limited to international armed conflicts and does not cover non-international
armed conflicts. 

With regard to non-international armed conflicts, the rules are now more
detailed as a result of Protocol II. These include access to the courts for
those involved in such conflicts and respect for due process of law, including
the presumption of innocence and legal representation of those apprehended.
There are clearer provisions concerning the protection and assistance of the
wounded and sick and the need to distinguish between civilian and military
targets. However, there is a certain threshold which has to be attained for
Protocol II to apply. It requires the following elements: 
- there must be an armed conflict between the armed forces of the State party
and dissident armed forces or other organised armed groups; 
- the latter must be under responsible command; 
- the latter must control some territory; 
- the latter must be able to carry out sustained and concerted military
operations. 

What has been Asia's response to the developments of international
humanitarian law and action by means of the two protocols? The most glaring
feature is that there has been a paucity of ratifications/accessions by Asian
countries, indicating a certain disinterest or mistrust of these protocols. 

The Asian member states to one or both protocols are as follows: (by 1997)
Bahrain, Bangladesh, Brunei, China, Jordan, Kazakstan, North Korea, South
Korea, Kuwait, Kyrgyzstan, Laos, Mongolia, Oman, Philippines, Qatar, Saudi
Arabia, Syria, Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan,
Vietnam, and Yemen. However, Asia has the largest number of states which are
not parties to the protocols. Thailand has not yet acceded to these
instruments. 

------------- 

Vitit Muntarbhorn is a professor at the Faculty of Law, Chulalongkorn
University. This article is the first in a series on International
Humanitarian Law, Action and Asia.
The Nation - Dec 14, 98

(6)China Detains Two More Dissidents
By The Associated Press ( December 13, 1998)
BEIJING (AP) -- Police have detained two more Chinese dissidents, and the
student author of a petition demanding the release of a pro-democracy leader
charged with subversion has disappeared, a human rights group said Sunday. 
The detentions bring to as many as 15 the number of people picked up by police
during an increasingly intense, two-week-old crackdown on the would-be China
Democratic Party. 
The new detentions come just days before Wang Youcai, a former student leader
of the 1989 pro-democracy demonstrations, is to stand trial Thursday in the
southern city of Hangzhou on subversion charges for trying to set up the
party. 
On Saturday, a diverse group of 184 political activists released a letter
calling on President Jiang Zemin and other national leaders to release Wang,
or at least make sure his trial is open and fair. 
The two dissidents detained recently included Lou Yugen, taken from his home
by police on Saturday in the southern province of Zhejiang, the Hong Kong-
based Information Center of Human Rights and Democratic Movement in China
said. It said Lou had published a pamphlet about Wang. 
The other detained dissident was Wei Linwen, deputy chairman in the central
province of Hubei for the China Democracy Party. He was detained in the
provincial capital of Wuhan, the center said. 
The whereabouts of both men are unknown, it said. 
In addition, the center said Fang Xiaohuang, a law student at Ningbo
University in the southern city of Ningbo, has been missing since Friday. She
had gotten 10 fellow students to sign a petition calling for Wang's release. 
``Her friends and fellow students ... believe she has been detained by
police,'' the center said in a statement faxed to reporters in Beijing. 
Wang rose to prominence as a student leader of the demonstrations based in
Beijing's Tiananmen Square. He was imprisoned for two years. 
Wang announced the formation of the China Democracy Party on June 25, the day
President Clinton arrived in China for the first visit by a U.S. president in
nine years. 
Authorities have blocked attempts to get a defense lawyer for Wang, the
Information Center said Saturday. 
A lawyer hired by his family was detained Friday when he tried to buy a train
ticket to Hangzhou, held for a day and told he could not represent Wang, a
statement from the center said. 
It said attempts to hire another lawyer have been blocked, and Wang could be
forced to represent himself.  (The New York Times)
(7)Myanmar's Suu Kyi Marks Anniversary 
Thursday, December 10, 1998; 9:47 a.m. EST 

BANGKOK, Thailand (AP) -- Nobel laureate Aung San Suu Kyi marked today's 50th
anniversary of the U.N. human rights charter by smuggling a videotape out of
Myanmar in which she declared the struggle for those rights and the struggle
for democracy as one and the same. 
Suu Kyi said she had come to ``deeply appreciate the wisdom and vision,'' of
those who drafted the U.N.'s Universal Declaration on Human Rights a half
century ago. 

Myanmar's military leaders have insisted there is no human rights problem or
violations in their country.   But Suu Kyi's portrait of Myanmar has been
supported by Rajsoomer Lallah, a U.N. special envoy who visited Myanmar
earlier this year. 

Lallah reported that the military government tortures and jails opponents
without trial, and its soldiers kill, commit gang rapes and round up people
for forced labor,  Suu Kyi, the pivotal figure in Myanmar's democratic
movement, has spent the last nine years under house arrest or with her
movements strictly curtailed by the government. 

Statements by the 1991 Nobel Peace Prize winner have become extremely rare, as
the government refuses to let her speak in public.  The military has ruled
Myanmar, also known as Burma, since 1962. 

In the past several months, the military has attempted to dismantle her
political party, the National League for Democracy, by arresting nearly a
thousand of its members and refusing to release them until they sign a
statement quitting the party.  Today, it announced it had released 81 more NLD
members. 

Suu Kyi has said the resignations were coerced, and the party leadership does
not recognize them.  Among those arrested were hundreds of members of the
parliament elected in 1990 but which the military never allowed to convene.
The NLD won 82 percent of the seats in the assembly.
 
Suu Kyi said the U.N. declaration held particular relevance to the people of
Myanmar because it says governments should reflect the will of the people
through genuine elections. 
``Eight years ago democratic elections were held in my country, but the
results have not been honored by the military regime, and the victorious
party, the NLD, is subjected to the most grueling persecution,'' Suu Kyi said.

``So for us, as for many others, the struggle for democracy has become
synonymous with the struggle for human rights,'' she said. 
© Copyright 1998 The Associated Press
AP - Dec 10, 98