Journal of SouthEast Asian Human Rights
The Journal of Southeast Asian Human Rights (JSEAHR) explores human rights realities in South East Asian region from various perspectives. The JSEAHR is a peer-reviewed journal co-organized by the Indonesian Consortium for Human Rights Lecturers (SEPAHAM Indonesia) and the Centre for Human Rights, Multiculturalism, and Migration (CHRM2) University of Jember. The Journal welcomes empirical, multi-disciplinary, and doctrinal approaches to explore historical and recent situation of human rights in South East Asia. The combination of editorial board members from South East Asia, Europe, and Japan creates a unique forum for South East Asian and other scholars to exchange ideas of interest about human rights issues in the region.
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<![CDATA[Securitization and Desecuritization of Migration in Indonesia ]]>
<![CDATA[Nurul Azizah Zayzda]]>;
<![CDATA[Maiza Hazrina Ash-Shafikh]]>;
<![CDATA[Ayusia Sabhita Kusuma]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[Jember University Press ]]>
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DOI: 10.19184/jseahr.v3i1.8394
<![CDATA[This paper seeks to explain through an analysis using securitization theory, the dynamics of securitization and desecuritization of migration in Indonesia with a particular emphasize on the forced migration issues in the Southeast Asian region. This paper provides an analysis on the speech act represented in the legal documents or policy papers and the non-discursive practices demonstrated by the authorities in the security-related migration regulation and refugees protection. Both the occurrence of securitization and desecuritization is elaborated. The securitization is understood to take place when policy or legal documents as well current practices construct assumptions that migrants, including irregular or forced migrants pose certain threats to society. The desecuritization, meanwhile, is found in legal documents and practices that weaken the security claims regarding the migrants. It is argued here that desecuritization takes place in the midst of securitization and shifts the language of security of forced migration in regional level. The extent to which the perception of security threats imposed by the migratory process has been shifted can be reviewed in the policy changes by other individual states in the region and the international institutions working within regarding to refugees protection.]]>
<![CDATA[Discrimination against Women in Accessing Higher Education in Cambodia ]]>
<![CDATA[Sophorn Tuy]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[Jember University Press ]]>
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DOI: 10.19184/jseahr.v3i1.8402
<![CDATA[Young women in Cambodia face challenges in accessing higher education. Social norms, financial constraints and other problems are the main root causes in the limitation of opportunities for women to pursue higher education. Social norms of the older generation in Cambodia remain from the past and they often think that it is not necessary for women to study in higher education institutions since a women’s role is to just be a housewife after marriage. Another restriction on women’s access to higher education is that they often have financial problems in supporting their education. Some women have to work in order to support their families, so they have no chance to pursue a higher education. Additionally, since most universities are located in cities, parents often feel insecure about their daughters studying far away from home. Currently there is increased enrollment of young women in higher education due to Government action, as it has ratified international conventions and enacted domestic laws. As well, there is government cooperation with NGOs to establish some strategies and action plans to promote and protect gender equality in all sectors, including the education sector, by improving scholarship opportunities or building dormitories for female students to live in while studying at university. However, these supports cannot provide access to higher education for young women in all areas in the Kingdom of Cambodia, and Cambodia has not yet enacted specific laws to promote the participation of women in higher education. This research aims to explore the opportunities that have been provided to young women to pursue higher education, particularly at the university level. After exploring the opportunities, the researcher will analyze data regarding the challenges for women in accessing higher education. Finally, the researcher will provide some possible recommendations to address these challenges. This research utilized multiple methods, including desk review and structured interviews. Interviews were conducted face-to-face and in focus group discussions (FGD). Desk review focuses on all relevant international and national laws, strategic and action plans related to the promotion of women studying at university and the de facto equality of that issue.]]>
<![CDATA[A Cross-Cultural Comparison of Perceptions Regarding Human Trafficking ]]>
<![CDATA[Adam Tanielian]]>;
<![CDATA[Sangthong Tanielian]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[Jember University Press ]]>
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DOI: 10.19184/jseahr.v3i1.9544
<![CDATA[This study surveyed 135 individuals, of which 68 were native speakers of English and 67 were native speakers of Thai. Respondents answered questions on issues related to human trafficking, its causes, and potential solutions. Statistical tests showed significant variance in opinions between language and other groups regarding factors associated with trafficking, and regarding the potential impacts of legalization of prostitution. Thai responses reflected collectivist cultural perceptions while English responses reflected more individualistic views. Males and English speakers were most likely to think legalized prostitution would lead to a reduction in human trafficking while females and Thais were most likely to believe legalized prostitution would increase trafficking. Responses to an open-ended question showed participants felt similarly about potential remedies for human trafficking, including information and awareness campaigns, interaction between civilians and police, increased penalties for offenders, and reduction in macro-environmental variables such as poverty.]]>
<![CDATA[Towards Post-Transitional Justice ]]>
<![CDATA[Sri Lestari Wahyuningroem]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[Jember University Press ]]>
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DOI: 10.19184/jseahr.v3i1.11497
<![CDATA[When democratization took place in 1998 after three decades of authoritarianism in Indonesia, transitional justice became one of the agendas for the country. With the nature of compromised political transition, transitional justice brought together the interest of the elements who wished to challenge the repressive regime, and those who wished to distant themselves from the old regime in order to return to politics. As the result, transitional justice measures were successfully adopted in the beginning of political transition but failed to achieve its goals to break with the old regime and bring justice to victims. Today, after twenty years since reformasi, elements of the politics are consolidated, including those coming from the old regime. Transitional justice is undergoing a period I refer as “post transitional justice”. The main character of this state is the extensive roles of civil society. I argue in this paper that civil society, in particular the human rights groups, have important roles since the beginning of the transition in setting the agenda for transitional justice until today when state-centered mechanisms failed and led to post-transitional justice situation. These groups shift strategies to work from below and from the margins, which give strong character for post-transitional justice in Indonesia.]]>
<![CDATA[Narrating Human Rights in the Philippines ]]>
<![CDATA[Ma. Rhea Gretchen Arevalo Abuso]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[Jember University Press ]]>
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DOI: 10.19184/jseahr.v3i1.8411
<![CDATA[The 2016 national elections in the Philippines have been regarded as the most revealing and consequential democratic practice to the human rights situation in the country for two reasons. First, the overwhelming election of Rodrigo Duterte to the presidency was because of his campaign promise to rid the country of drugs and criminality within “3 to 6 months” through bloody and violent means. Second, the son and namesake of the late dictator Ferdinand Marcos, whose authoritarian regime in the 1970’s was responsible for countless human rights violations, narrowly lost his vice-presidential bid by a mere 270,000 votes. These turns of events beg the question: how could Filipinos, who experienced a bloody and violent regime at the hands of a dictator, choose to elect national leaders widely associated with human rights violations? This paper addresses this question through the use of in-depth interviews with Filipino college students in key cities in the Philippines in order to describe the Marcos regime from the perspective of the generation that did not experience the period. The research aimed to understand how memories of past human rights violations are formed and shaped, how these memories are crucial to the improvement of the human rights situation in society, and how to ensure that mistakes of the past are not repeated. The study found that widespread revisionist notions about the Marcos regime can be attributed to the absence of meaningful martial law and human rights education in the country. However, the study also found that young Filipinos regard the social institution of education as the most trustworthy bearer of information on human rights and violent regimes. This highlights the crucial role of schools and educators in promoting human rights in society.]]>
<![CDATA[Application of the Cambodian Constitution ]]>
<![CDATA[Vandanet Hing]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[Jember University Press ]]>
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DOI: 10.19184/jseahr.v3i1.8406
<![CDATA[Studies conducted on the constitutional law-making process have shown that public participation is a key element of the relationship between the government and its citizens, and legitimizes the whole process. The present paper discusses the relationship between the people and the government on the basis of the Cambodian Constitution, both de jure andde facto. As assessments, it takes the 1993 constitutional making process and the public’s participation thereto. This paper aspires to answer the following questions: firstly, how does the constitutional law-making process impact the exercise of constitutional rights in Cambodia, and, secondly, to what extent does public participation play a role in public affairs, especially insofar as the constitution and law making processes are concerned. It further suggests that the concept of meaningful public consultation on constitution and law making should be incorporated in the Cambodian Constitution.]]>
<![CDATA[Detention of Refugee Children in Malaysia and Thailand ]]>
<![CDATA[Samitra Parthiban]]>;
<![CDATA[Khoo Ying Hooi]]>
<![CDATA[ Journal of Southeast Asian Human Rights Vol 3 No 1 (2019): June 2019 ]]>
Publisher : <![CDATA[Jember University Press ]]>
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DOI: 10.19184/jseahr.v3i1.10142
<![CDATA[The refugee issue in Malaysia and Thailand is one of the most protracted human rights issues that both countries face. Regardless of abundant requests and advocacies by non-state actors, both locally and internationally, to persuade the governments of Thailand and Malaysia to provide protection to refugees, the fate of these refugees remain uncertain. One of the key limitations for the human rights protection of the refugees is that both countries did not sign the 1951 Refugee Convention or its 1967 Protocol, moreover, both Thailand and Malaysia do not treat the refugee issue as a domestic problem. This paper examines the detention of refugee children in Malaysia and Thailand with the main intention to advocate for the method of Alternatives to Detention (ATD) as a solution to the shortcomings in a legal method. Based on that, this paper first explores the human rights situation of refugee children in detentions by looking into the current detention practices of both countries. Secondly, this paper examines the strategies and tactics of how the local Non-Governmental Organizations (NGOs) advocate and convince their governments to adopt the approach of ATD.]]>
