Competing Visions of the Rule of Law in Southeast Asia: Power,Rhetoric and Governance

Abstract

This article introduces a special issue on the emergent relationship between the rhetoric and implementation of the rule of law concept in Southeast Asia. It thematically introduces four country case studies (Cambodia, Myanmar, Thailand and Vietnam), and the case of ASEAN’s adoption of the rule of law in region-building, which are included in this special issue. We highlight how ideals that are arguably central to the “tradition” of the rule of law are being excised, marginalised, defended and/or undermined in Southeast Asian contexts. We emphasise how the very concept is deeply contested and far from neutral – at stake is the very notion of “law” for whom, and for what. The article offers insight into the social dynamics affecting how the rule of law is being interpreted by political actors and how it is being contested and consolidated via governance practices in the region, and proposes new avenues for research in assessing how the rule of law is operating in transitional and authoritarian state settings.     

Reconstructed nationalism in Taiwan: a politicised and economically driven identity

Since the late 1980s, Taiwan has been engulfed in waves of both democratisation and integration with mainland China. These two waves have pulled identity reconstruction in Taiwan in two different directions. In the process of democratisation, a shift to a majoritarian system encouraged a Taiwanese renaissance on the political platform and consequently led to the deconstruction of Chinese identity. On the other hand, in the 1990s, with the high mobility of capital and people across the Taiwan Strait, close economic ties could have put the brakes on Taiwan independence movements. Hence, this paper uses random coefficient models to explore how the democratic transition and increasing cross‐strait relations brought about psychological and structural mechanisms that motivated people to opt for identity change in Taiwan. It also attempts to investigate how people dealt with the dissonance between rising Taiwanese nationalism and the economic interests that deterred a radical Taiwanese identity.     

Cultural policy and evaluation of quality

Based on Danish experiences the article discusses the increasing role that the discourse of “quality” is playing in cultural policy. Throughout the 1990s, from the general cultural debate, this discourse has spread to more instrumental considerations and practices in the field of cultural policy. The article presents this process in a historical perspective and characterises the present tendency towards a technocratisation of the discourse of quality under the auspices of New Public Management and the general trend in modern state policy towards instrumentalising all societal resources in the global economic competition. Opposing this line of development, it is argued that “quality” could serve as a progressive, non‐instrumentalist discourse if it is defined in relation to a modernised understanding of the “rational core” of the cultural policy tradition of the Nordic countries. In this perspective, the article suggests a contextualisation of the concept of quality and possible ways of implementing the discourse in practical cultural policy.     

‘My voice counts because I’m handsome.’ Democratising the museum: the power of museum participation

Abstract

Participation – where visitors are invited to leave a comment, co-create, or contribute to exhibitions – has been hailed as an opportunity to democratise the museum experience. New qualitative data from on-site and follow up interviews with museum visitors and practitioners at the experimental exhibition Power of 1 at the Museum of Australian Democracy has been used as a case study to determine if the rhetoric of the highly interactive, audience-centred approach of the participatory museum is meeting its aims. This paper argues that participation has the potential to democratise the museum experience for visitors, particularly when a more expansive definition is applied which acknowledges the benefits of participation beyond simply leaving a comment. Participation can provoke conversations and forge connections with real and imagined communities within the museum and beyond; however this potential is hampered by the often unacknowledged undemocratic practices within institutions by professionals who devalue visitor participation and power-sharing in order to uphold traditional museum practices.     

Has planning been de‐democratised in Sydney?

This paper investigates the complex and continuously evolving processes of de‐democratisation evident in urban planning practice in Sydney between 2011 and 2017. New South Wales' successive rounds of planning reform, establishment of a metropolitan commission, and amalgamation of local governments over that period have aimed to reduce local democratic participation in planning decisions, but they have had uneven success. I argue that while New South Wales' efforts to streamline development and de‐democratise planning have evolved considerably in response to multiple forms of opposition, the success of the neoliberal project is still uncertain. The insights this story offers add complexity to theorists' claims about the inevitability of depoliticisation and the end of meaningful democratic engagement. The story also offers insights about how power is created, lost, and regained in particular local circumstances.     

Governing Civil Society in Cambodia: Implications of the NGO Law for the “Rule of Law”

Abstract

This article reviews the introduction of the 2015 Law on Associations and Non-governmental Organisations in Cambodia (“NGO Law”) from 2011–17 and explores its connection to the rule of law. After outlining the content, definitions and regulatory environment related to the NGO Law, it provides a commentary on its initial application, and examines its potential articulation with other legislation (such as defamation and libel, telecommunications law and land law). I argue that the NGO Law should be characterised as a carefully crafted piece of legislation, developed and defended over time by the ruling political party to increase control and intimidation by invoking adherence to the “rule of law”. Narratives of national security, terrorism, neutrality and cultural cohesion have been interwoven with new regulatory requirements to obfuscate overt political interference. The article argues that the NGO Law intersects with, and consolidates, the recent trend of the government’s use of legislation as a political tool to control and manipulate political opponents and government critics. This is not to deny that there are areas of civil society action and service provision that require greater government control via regulatory compliance. Nevertheless, the state’s attempts to tighten civil space are being met with resistance and “work around” strategies from the plethora of diverse organisations functioning in Cambodia.     

‘Forgotten Europeans’: transnational minority activism in the age of European integration

This article examines transnational activism by coalitions of national minorities in Europe from the early 20th century to the present, setting this within the broader ‘security versus democracy dilemma’ that continues to surround international discussions on minority rights. Specifically, we analyse two organisations – the European Nationalities Congress (1925–1938) and the Federal Union of European Nationalities (1949–) – which, while linked, have never been subject to a detailed comparison based on primary sources. In so far as comparisons do exist, they present these bodies in highly negative terms, as mere fronts for inherently particularistic nationalisms that threaten political stability, state integrity and peace. Our more in‐depth analysis provides a fresh and more nuanced perspective: it shows that, in both cases, concepts of European integration and ‘unity in diversity’ have provided the motivating goals and frameworks for transnational movements advocating common rights for all minorities and seeking positive interaction with the interstate world.     

Building the nation in Timor-Leste and its implications for the country's democratic development

This article contributes to the discussion of the international democratisation of the so-called ‘post-conflict’ or ‘fragile’ countries by addressing one of the most important but least studied issues in the literature—the relationship between democracy and nation-building. It does so by analysing the major socio-political aspects of the democratic nation-state-building process in Timor-Leste in the post-1999 period. It argues that contemporary international democratisation policies and practices prioritise the ‘stateness’ problem, conceptualised by reference to a set of organisational, procedural and functional concerns. Little attention is, however, paid to the ‘nationness’ question. As the experience in Timor-Leste indicates, it is the national ideas that determine the structural and operational parameters of democratisation, which is, after all, a process of socio-political transformation by which political power and wealth are redistributed amongst a variety of competing societal interests.     

Democracy,nationalism and (lack of) sovereignty: the complex dynamics of democratisation in unrecognised states†

ABSTRACT. Unrecognised states are among the least likely candidates for democratisation: they tend to be driven by ethno‐nationalism, many are marked by the legacy of war and most are facing international isolation. Nevertheless, the claim to democracy has become a central part of their legitimising narrative. This article examines this apparent paradox and finds that neither ethno‐nationalism nor non‐recognition represents insurmountable barriers to democratisation. However, what we tend to find in these entities is a form of stagnated ‘ethnic democratisation’. These findings throw new light on the relationship between democracy and nationalism; they highlight the importance of (lack of) sovereignty; and they are used to evaluate Sammy Smooha's concept of ‘ethnic democracy’.     

The post-independence history of student movements in India and the ongoing protests

Does the current upsurge in student protests indicate the advent of a new phase in the history of the student movement in independent India? While a definitive answer to this question can only be given in time, the context from which this current wave springs has certain distinctive elements that are essential for understanding what is unfolding and its potential impact. On the one hand, the last two decades in India have seen a veritable explosion in the numbers of students studying in institutions of higher education and a great widening of the social base from which the student population in higher education is drawn. On the other, there has been near stagnation of the ratio of public expenditure on higher education to GDP. This and the trajectory of the economy have meant the combination of an increasing financial burden on students and their families and a growing lack in actual opportunities to satisfy the varied aspirations driving the willingness to bear this burden. This article will try to draw out the implications of these contradictory phenomena and the changing official discourse on education for understanding the possible transition being experienced by the student movement in the era of neo-liberalism, situating this period in the longer history of the student movement since independence.