Melissa Curley

Human security and public health in Southeast Asia: The SARS outbreak

Severe acute respiratory syndrome (SARS) is now a global public health threat with many medical, ethical, social, economic, political, and legal implications. (Abdullah et al. 2003) No man is an island. (John Donne) The security of the state is dependent on the security of its individual citizens. If they are not secure, the state is not secure. Traditional, state‐dominant, conceptions of security are ill‐equipped to provide understanding into the array of security concerns that now confront nation‐states. In November 2002, one of these new security concerns, a corona pulmonary virus jumped the species barrier to begin infecting people in southern China. Three months later this virus was unwittingly transmitted from mainland China to Hong Kong. From there it spread rapidly throughout most of Southeast Asia as well as through parts of the Americas and Europe. Now known as the SARS—Severe Acute Respiratory Syndrome—virus, it became a major threat to the stability and prosperity of Southeast Asian countries. This article reviews the spread and impact of the SARS virus within Southeast Asia from a human security perspective. It is intended that the utilisation of human security in this instance will not only provide a better understanding of the impact of SARS on regional states but will also advance the conceptualisation of the human security model.

The securitisation of avian influenza: international discourses and domestic politics in Asia

Infectious disease outbreaks primarily affect communities of individuals with little reference to the political borders which contain them; yet, the state is still the primary provider of public health capacity. This duality has profound effects for the way disease is framed as a security issue, and how international organisations, such as the World Health Organization, assist affected countries. The article seeks to explore the role that domestic political relationships play in mediating the treatment of diseases as security issues. Drawing upon an analysis of the securitisation of avian influenza in Vietnam and Indonesia, the article discusses the effect that legitimacy, competing referents and audiences have on the external and internal policy reactions of states to infectious diseases, specifically in their interpretation of disease as a security threat. In doing so, we extend upon existing debates on the Copenhagen Schools securitisation framework, particularly on the impact of domestic political structures on securitisation processes in non-Western, non-democratic and transitional states.

The role of civil society in East Asian region-building

1. Advancing East Asian regionalism: an introduction Melissa G. Curley and Nicholas Thomas 2. Theorising East Asian regionalism(s): new regionalism and Asias future(s) Shaun Breslin 3. The Development of ASEAN+3 framework Akihiko Tanaka 4. Building a Northeast Asian community: a multilateral security approach Shin-Wha Lee and Hyun Myoung Jae 5. The ASEAN regional forum and security regionalism: comparing Chinese and American positions Evelyn Goh and Amitav Acharya 6. Financial cooperation and domestic political economy in East Asia Natasha Hamilton-Hart 7. Developing a regional economic community in East Asia Nicholas Thomas 8. Regionalism beyond an elite project: the challenge of building responsive sub-regional economic communities Jenina Joy Chavez 9. The role of civil society in East Asian region-building Melissa G. Curley 10. Problems and prospects for regional environment cooperation in East Asia Miranda A. Schreurs 11. Conclusion - Regionalism and Community Building in East Asia: Challenges and Opportunities Aileen San Pablo-Baviera

Human security's future in regional cooperation and governance?

Political elites in East Asia tend to view the concept of human security with scepticism. On the one hand, broader notions of security are acknowledged. However, traditional views on sovereignty and deeply embedded norms relating to non-intervention and consensus politics have fostered conservative views towards parts of the human security agenda that challenge state/elite perspectives. This article identifies and explores this tension, and comments on the potential for different ‘strands’ of human security to inform future regional cooperation and dialogue, and concludes that human securitys breadth continues to fuel an endless debate about its clarity and utility in East Asia. Such confusion is a challenge for its future relevance in the region, both as a conceptual tool and as a policy agenda.

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.

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.

The securitisation of migrant smuggling in Australia and its consequences for the Bali Process

ABSTRACT This article analyses the Bali Process in the context of Australia’s securitised approach to migrant smuggling, and the consequences this has for both the Australia–Indonesia diplomatic relationship and the Bali Process overall. The Bali Process is the premier regional forum for combating migrant smuggling and is well placed to discuss and develop regional cooperation policies on irregular migration within the region. In particular, the Bali Process remains a key domain where Australia and Indonesia can contest and amend the norms and practices around the human rights of refugees and asylum-seekers. This article traces and analyses the emergence of Australia’s bilateral agreements for offshore processing and resettlement between 2011 and 2014, which Australian political elites aligned rhetorically to the Bali Process, but which the authors argue remain in tension with stated Bali Process objectives in terms of rights and protections for asylum-seekers and refugees. This article identifies that Australia’s security-driven policies and regional disagreements over humanitarian responsibility remain an ongoing tension within Bali Process states, and provides commentary on the implications of this for future Australian policy relating to regional cooperation on irregular migration.

Beyond the Criminal Justice Orthodoxy? Australia’s overseas aid program and compliance with the trafficking protocol

Australia’s overseas development aid (ODA) program has played an important role in combating and preventing trafficking in persons since the inception of the Australian government’s anti-trafficking strategy in 2003. This article analyses Australia’s ODA policies related to trafficking in persons from 2004 to 2014 against international benchmarks, and assesses the extent to which it has been shaped by dominant trends in international anti-trafficking strategies and, to a lesser extent, the politics of the Australian aid program. It concludes that Australia’s aid policies and their implementation via AusAID largely satisfy the international standards pertaining to ODA established by the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. However, several weaknesses and future risks are identified, relating to both program implementation and trends in contemporary Australian aid policy.