Human Rights

The Asia-Pacific Research Center (Shorenstein APARC) at the Stanford Institute for International Studies is hosting a conference on North Korea.

With the distraction of the U.S. Presidential election behind us and uncertainty over the direction of a second Bush Administration before us, this conference will attempt to take stock of what is happening in North Korea as of 2005 and to get a snapshot of how the United States, South Korea and other interested parties now view this particularly enigmatic and problematic country.

For this conference, we will bring together specialists in security, economics, politics and human rights to encourage a broad-based inquiry as well as facilitate a sharing of ideas among those who may not normally come into contact.

Bechtel Conference Center

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For the two regions hardest hit by the Asian tsunamis, international relief efforts are being complicated by more than the rising death tolls and physical devastation: They are also war zones. APARC's Donald K. Emmerson comments.

Washington -- For the two regions hit hardest by the Asian tsunami waves, international relief efforts are being complicated by more than the rising death tolls and physical devastation -- they are also war zones.

In the Indian Ocean nation of Sri Lanka and Indonesia's western Aceh province, bitter conflicts threaten to slow even further the painstaking work of locating victims, repairing infrastructure and caring for hundreds of thousands of refugees, according to relief workers and regional experts.

The Sri Lankan government and the rebel Tamil Tigers, which have fought a two-decade civil war, Tuesday traded barbs over the relief efforts and refused to work together -- and instead launched competing efforts.

Across the Indian Ocean, at the northern tip of Sumatra Island in Indonesia, the province of Aceh has been a no-go zone for most international aid organizations and journalists since May 2003, when a new government crackdown was launched in the 28-year struggle against the Free Aceh Movement.

Aid organizations scrambled to get into Aceh while former residents seeking to go back to find relatives complained Tuesday that the Indonesian government, which has been accused of widespread human rights violations in the area, continued to limit access, providing only two-week visas.

Academic analysts expressed hope that the tsunami tragedy might spur some badly needed progress in the two conflicts by creating opportunities for humanitarian cooperation. But at least in the short term, the warring factions were jockeying for advantage -- and in the process slowing rescue and relief efforts and putting more lives at risk.

"The contending sides, both in Sri Lanka and Aceh, are racing to provide relief," said Donald Emmerson, a senior fellow at Stanford University's Institute for International Studies and director of the Southeast Asian Forum.

"At stake is the legitimacy of the government on the one hand -- Colombo and Jakarta -- and the Tamil Tigers and the Free Aceh Movement on the other. If the response of the Sri Lankan and Indonesian governments is insufficient, there could be a crisis of legitimacy in those two areas, which have been engaged in civil war for some decades," he said.

In Sri Lanka, the minority Tamils, who are Hindu, have waged civil war against the country's majority Buddhists since 1983, and a 2002 cease-fire remains brittle. "Tens of thousands have died in an ethnic conflict that continues to fester" since the cease-fire, according to an unclassified report by the CIA.

The Tamil rebels control much of the country's north and east, including coastal areas severely damaged by the tsunami. The Tamil Tigers are conducting their own relief efforts and have made separate appeals to donor countries and the United Nations for assistance.

Even the immense scale of the tsunami damage did not appear to tamp down the deep-seated atmosphere of confrontation.

The Tamil Rehabilitation Organization said in a statement that "assistance channeled through the government of Sri Lanka has failed to reach the displaced in the northeast." It said that one-fourth of the people killed in the northeast were in Tamil-controlled areas.

A military spokesman, Brig. Daya Ratnayake, responded that the government was doing everything it can to help those affected in government-controlled areas and criticized the rebels for trying to score points amid the suffering.

In Aceh, where rebels are waging a fight for independence, there were some hopeful signs in the face of the horrific destruction. The Indonesian government and the Free Aceh Movement reportedly agreed to a cease-fire Tuesday to let aid efforts reach those in need.

However, aid officials worried that it would take days to get assistance to Aceh, where the majority of Indonesia's deaths occurred. And they said the conflict already has constrained aid efforts by limiting access to the region.

"International nongovernmental organizations have not been allowed into the conflict area since May 2003," said Michael Beer of the Washington-based Nonviolence International, whose field office in the provincial capital of Banda Aceh was lost, along with three of its four staff members. "This has hampered efforts already. The conflict has set back the international community, because they are starting from zero and have been excluded for political reasons."

"Even without the rebellion it is a tough area for the government to go in," said Blair King of the National Democratic Institute for International Affairs, a nonprofit in Washington. "That is exacerbated by the political situation."

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In developing a strategy toward North Korea, many human rights activists and members of U.S. Congress have mistakenly applied experiences drawn from East-West relations during the Cold War. The recent culmination of this strategy, the congressional passage of the North Korea Human Rights Act, has only compounded this mistaken interpretation. Unlike Eastern Europe or the Soviet Union of the 1970s and 80s, North Korea possesses no civil society, critical intelligentsia, or significant variant of "reform communism." There are no opportunities for civil society actors to connect with indigenous democratic movements. Furthermore, attempts to "link" any security or arms control deals with North Korea to improvements in the human rights realm -- as the recent legislation tries to do -- will likely result in neither greater security nor improved human rights conditions.

John Feffer is a Pantech Fellow at the Korea Studies Program at Stanford University and the author of North Korea, South Korea: U.S. Policy at a Time of Crisis (Seven Stories Press, 2003) and Shock Waves: Eastern Europe After the Revolutions (South End Press, 1992).

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World Policy Journal
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Bennett Freeman is a managing director in the Washington, DC office of Burson-Marsteller, where he leads the firm's Global Corporate Responsibility practice advising multinational corporations on issues ranging from human rights and labor practices to the environment and sustainable development. Prior to joining Burson-Marsteller in May 2003, Freeman advised companies, international institutions and NGOs on corporate responsibility and human rights as Principal of Sustainable Investment Strategies. In 2002, he co-authored an independent Human Rights Impact Assessment of the BP Tangguh project in Papua, Indonesia, the first such assessment undertaken in advance of a major energy project in the world.

Freeman served as a presidential appointee in three positions in the State Department across the full span of the Clinton Administration. As U.S. Deputy Assistant Secretary of State for Democracy, Human Rights and Labor from 1999 to early 2001, Freeman led the State Department's bilateral human rights diplomacy around the world under Assistant Secretary Harold Koh. In that capacity, he was the principal architect of the Voluntary Principles on Security and Human Rights, the first human rights standard forged by governments, companies and NGOs for the oil and mining industries. Previously he served as Deputy Assistant Secretary of State for Public Affairs and chief speechwriter for Secretary of State Warren Christopher from early 1993 to early 1997.

A buffet lunch will be available to those who reserve with Debbie Warren dawarren@stanford.edu by Friday, November 12.

Oksenberg Conference Room

Bennett Freeman former U.S. Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor
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A buffet lunch will be available to those who RSVP by 12:00pm, Wednesday, April 21 to Rakhi Patel. In the last three years, partly as the result of the efforts of a burgeoning conservative movement, the issue of human rights in North Korea has attained greater prominence in the statements and policy positions of the U.S. government. The administration connects this shift in emphasis in U.S. policy to its calls for greater moral clarity in foreign policy. At the same time, the administration has clearly enunciated its desire for regime change in North Korea, and the human rights issue has served as a method of cultivating public support for this policy, both domestically and internationally. Toward this end, the administration has revived a Cold War foreign policy approach from the 1970s and 1980s that connected human rights to economic and security issues--exemplified in the Jackson-Vanik amendment linking trade to emigration levels for Soviet Jews and the inclusion of human rights issues in the 1975 Helsinki Accords. The application of this model to North Korea demonstrates a failure to understand the differences between Eastern Europe and East Asia in general and the nature of civil society under Soviet communism and North Korean juche. It also fails to draw any useful lessons from the experience of the European Union and South Korea in dealing with Pyongyang on human rights. The unquestionably dire human rights situation in North Korea--and the character of its government and society--requires a set of policy approaches that need updating from the Cold War period and adaptation to the North Korean and East Asian context. John Feffer's most recent book is North Korea, South Korea: U.S. Policy at a Time of Crisis (Seven Stories, 2003). He is also the editor of the Foreign Policy in Focus book Power Trip: U.S. Unilateralism and Global Policy after September 11 (Seven Stories, 2003). His other books include Beyond Detente: Soviet Foreign Policy and U.S. Options (Hill & Wang, 1990) and Shock Waves: Eastern Europe After the Revolutions (South End, 1992). His other edited collections include Living in Hope: People Challenging Globalization (Zed Books, 2002) and (with Richard Caplan) Europe's New Nationalism: States and Minorities in Conflict (Oxford University Press, 1996). His articles have appeared in The American Prospect, The Progressive, Newsday, Asiaweek, Asia Times, TomPaine.com, Salon.com, and elsewhere. He is a former associate editor of World Policy Journal and has worked for the American Friends Service Committee, most recently as an international affairs representative in East Asia. He serves on the advisory committees of FPIF and the Alliance of Scholars Concerned about Korea.

Philippines Conference Room, Encina Hall

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Future historians will mark the first national election to be held in Malaysia since the retirement of Prime Minister Mahathir Mohamad (1981-2003) as a watershed in the country's political history. Among key questions circulating in the run-up to the voting on 21 March 2004 were these: Would the ruling National Front gain or lose votes and seats? (Surprise: gained greatly.) Would the opposition Islamic Party, now in control of two states, improve or worsen its position? (Surprise: worsened sharply.) Would KeADILan, the political party which emerged after the sacking of Anwar Ibrahim, gain or lose? (Surprise: lost badly.) Answers to other questions were still unknown: Would the election benefit Malaysia's current Prime Minister, Abdullah Badawi, at the congress of his political party later this year? What would the ruling coalition's landslide imply for Malaysian democracy, stability, and development? For Malaysia's role in the campaign against terrorism? For the country's relations with its neighbors and with the U.S.? (Surprise: Come hear Elizabeth Wong and find out.)

This is the ninth seminar of the 2003-2004 academic year Southeast Asia Forum.

Okimoto Conference Room, Encina Hall

Elizabeth Wong Secretary-General National Human Rights Society (Hakam), Malaysia
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Ambassador Park joined the Republic of Korea's Ministry of Foreign Affairs in 1963 and has served as deputy minister for political affairs, ambassador to Morocco and Canada, ambassador to the UN office in Geneva and GATT, chancellor of the Institute of Foreign Affairs and National Security, special envoy to Iran, Jordan, Qatar and Oman, chief representative of the ROK on the UN Security Council, and president of the UN Security Council. He is currently president of the UN Association of the Republic of Korea.

Philippines Conference Room

Park Soo-Gil Former Ambassador of the Republic of Korea to the United States; Representative on the UN Sub-Commission on the Protection and Promotion of Human Rights (2000-2003)
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In this talk Professor Bell will highlight the dangers of implementing Western models of democracy in Southeast and Northeast Asia and argue for ways of varying these models to ensure a better fit with local contexts, including local experience and knowledge. He will begin by drawing on the example of foreign domestic workers in Singapore and Hong Kong to question the Western ideal of ?equal rights for all.? He will then offer a model of democracy ?with Confucian characteristics? intended to remedy some of the limitations of Western-style democracy in East Asian contexts. The overall aim of the talk will be to show the advantages?indeed, the necessity?of taking local knowledge and local traditions into account when proposing political reforms for East Asia that are not only morally desirable but politically feasible as well. Daniel A. Bell is the author of East Meets West: Human Rights and Democracy in East Asia (Princeton, 2000) and Communitarianism and Its Critics (Oxford, 1993) and co-editor of Confucianism for the Modern World (Cambridge, 2003) and The East Asian Challenge for Human Rights (Cambridge, 1999). Currently an associate professor at the City University of Hong Kong, he has held teaching or fellowship positions at the University of Hong Kong, the National University of Singapore, and Princeton University. His degrees include a D.Phil. from Oxford and a BA from McGill.

Okimoto Conference Room

Daniel Bell 2003-04 Fellow, Center for Advanced Study in the Behavioral Sciences Stanford
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Elections will be coming to Indonesia in a few weeks, greeted with anxiety by some and as a part of a necessary transition by others. A longtime scholar on Indonesia, APARC's %people1% recently shared his views in an interview about the country's struggle toward reform.

Question: Politicians, experts and the public differ on how they view Indonesia's achievements in the reform process. Your comment? Answer: Most prominent have been the political reforms: Four constitutional amendments, decentralization, laws on elections, and so on. But how will these work out in practice? That is still unclear. Economic reforms, by comparison, have lagged. And what about corruption? Perhaps the least progress has been made on that front. What are key areas that governments after Soeharto have yet to deal with in the transition process? One could make a list. But another response would be to note the gap between the laws already on the books and their implementation. It will not be easy. But doing so will be crucial for success in the transition process. How would the results of next year's elections affect the process of reform? Optimistically, one can picture a healthy concentration of legitimacy at the top of the system, enabling decisive remedial policies. Pessimistically, one can picture a struggle between a popularly mandated presidency and a popularly mandated legislature to the detriment of effective policies. I slant toward optimism. I doubt that the next president and the next DPR (legislature) will be eager to repeat the circumstances in which president Abdurrahman Wahid was removed from office. Whatever happens, 2004 will be a "Year of Voting Frequently" -- at least two elections (April, July) and possibly three (if a second-round presidential vote in September becomes necessary). Let's hope for the best. What are the basic conditions for Indonesia to succeed with reform and to bring the country of 220 million people out of the current crises? When I was in Jakarta in August, the answer I heard most often from Indonesians was: Leadership. Could there be a whiff of nostalgia for Soeharto's leadership in that response? Among the multiple conditions for success in overcoming the current difficulties, one of the most important will be the actual performance of democratically chosen governments, including the one scheduled to emerge from next year's elections. It is, unfortunately, possible that democracy as a method can succeed but wind up discredited by the failure of resulting governments to provide security, ensure justice, reduce poverty, and so on. And there is a sense in which the competitive electoral process itself tends to raise public expectations as to what can and should be done by government. But I am hopeful. Experience of governmental transition often suggests two options, either success and an emergence of democracy, or failure and a return to a militaristic regime. How do you see this? There are not "always two options" in such transitions. Within the category "democracy" alone there are many types and gradations. As for militarism, it is striking how much the image and therefore potential leverage of the military has changed from the immediate post-Soeharto period. Could it be that by not intervening blatantly, army leaders have built up enough credit to allow for subtler forms of influence? Not to mention the more security-conscious atmosphere since Sept. 11, 2001 and Oct. 12, 2002 (terrorist attacks in the U.S. and in Bali respectively). Interesting, too, is the increasing mention of men with army backgrounds as possible presidential candidates next year. But just as democracy is internally diverse, so should we avoid putting everyone who has had an army career in a single box labeled "militarist." I live in California. The voters of my state just fired one governor and hired another. I may be naive, but I hope that as governor, Arnold Schwarzenegger will not treat complex and intractable socioeconomic problems in the same way that the Terminator treated enemy robots! In any case, it is far too early to predict the outcome of any of next year's national elections in either Indonesia or the U.S. Whatever the result, let's hope it's for the better in both countries.

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