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ISEAS Perspective

2023/56 “Backing Startups and Believing in Unicorns: Policy Implications and Challenges for Malaysia” by Tham Siew Yean

 

Three incubators have been established in Malaysia to spur innovation. The Technology Park Malaysia (TPM) Incubator (pictured above), situated within the vicinity of TPM Science Park vicinity is one of the three. Source: Screen capture from the YouTube of Technology Park Malaysia (TPM) Corporate Video.

EXECUTIVE SUMMARY

  • The Malaysian government’s aspirations to nurture startups and unicorns can be traced back to the establishment of its Multimedia Super Corridor (MSC) in 1996.
  • This was to be accomplished through the establishment of incubators and accelerators and the provision of early-phase funding in a decentralised manner to meet the needs of startups from the inception of ideas to their development and subsequent commercialisation and expansion.
  • There is uncertainty whether the government funding of startups has been effective, given the lack of proper assessment of incubator and accelerator performance. It is also far from clear whether the progress and current status of the startups are commensurate with the money spent.
  • Assessments of incubator and accelerator performance in other countries have shown a critical reliance on good data. The UK’s experience, for example, points to the need to make data sharing obligatory for incubators and accelerators that have received or are receiving public funding.
  • Designing an assessment framework which can be applied across different incubators and accelerators, however, requires the identification of appropriate performance metrics that should be used.
  • While it may be expected that incubators, accelerators and funders should assess their own impact, in reality they often do not have the time nor the resources to do so. Hence there is scope for independent researchers to play a vital role in this regard, but this can only be done if data is shared with them. The data-driven insights gained from such assessments would be invaluable for the improvement of future programmes and funding processes.

* Tham Siew Yean is Visiting Senior Fellow at the ISEAS – Yusof Ishak Institute and Professor Emeritus, Universiti Kebangsaan Malaysia.

ISEAS Perspective 2023/56, 18 July 2023

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INTRODUCTION

Startups are pursued as potential new drivers of growth through their innovativeness and use of new technologies, in the belief that these can open new markets for new products and services and generate new employment for the country. For these reasons, Malaysia has been pursuing startup development since the inception of the Multimedia Super Corridor (MSC). MSC was established in 1996 as a testbed to spur the country’s information, communication, and technology (ICT) development. The MSC programme accorded tax advantages for MSC-designated firms which were initially to be located within Cyberjaya in the hope that it would grow into an ICT cluster.

To spur innovation, three incubators have been established. They are: MSC Central Incubator (MCI), which is in Cyberjaya itself; Technology Park Malaysia (TPM) Incubator, which is situated within the TPM Science Park vicinity, and Universiti Putra Malaysia-Malaysian Technology Development Corporation (UPM-MTDC) Incubator, which is operated within the UPM main campus in Serdang.[1] These incubators provide physical space and some resources for early-phase startups that are in the product development phase and do not have a developed business model. Funding was subsequently provided when Cradle was incorporated under the Ministry of Finance Malaysia (MOF) in 2003 to fund potential and high-calibre tech start-ups. via its investment programs, which includes commercialisation support, coaching and other value-added services for entrepreneurial development. Over time, more incubator and accelerator programmes were added alongside greater funding from the government, as more ministries and agencies joined in the race to produce startups.

Startup ambitions were later consolidated into Malaysia’s Digital Economy Blueprint, which was launched in February 2021. The Blueprint targeted 5000 startups and two unicorns by 2025, subsequently raised to five unicorns.[2] A Roadmap (or Malaysian Startup Ecosystem Roadmap (SUPER), 2021-2030) to achieve this was launched in November 2021.[3] SUPER is housed with the Ministry of Science, Technology, and Innovation (MOSTI). MOSTI defines a startup as “a technology or innovation enabled business at an early stage, with a scalable business model and a high growth strategy.” In 2022, Malaysia had 3,363 start-ups and one unicorn, namely Carsome, which is an integrated used-car platform. But there are no historical data as to how much this number has grown since the inception of the MSC in 1996.

Over time, other incubator programmes were introduced, including in public universities. Accelerator programmes for speeding up the growth of existing companies that already had a minimum viable product (MVP) via dedicated mentoring, networking, and financial support, were also added. There is also funding outside of these programmes. This is to meet the desired exponential growth in untested ideas and products. This paper traces the development of government-funded incubators and accelerator programmes and startup funding in the country. It also identifies the key challenges these government-supported programmes and funding structure face.

PROFILING INCUBATORS AND ACCELERATORS

According to SUPER, there are 28 accelerators/incubators backed either by the government or the private sector. At the federal level, the three key ministries running accelerator programmes are the Ministry of Science, Technology, and Innovation (MOSTI), the Ministry of Communications and Digital (MCD) and the Ministry of Entrepreneurship Development and Co-operatives (MEDAC), with funding from the Ministry of Finance (MOF) (Figure 1 and Appendix 1 for details).

Figure 1. Key Ministries, Programmes and Funding for Startups in Malaysia, 2023.



Note: Figure does not represent size of programmes or funding.
Source: Author

These programmes share several key features. They have specific objectives, albeit these tend to evolve over time due to changing policy priorities. For example, the pivot from ICT to all-things-digital took place when Multimedia Development Corporation (MDC), which was established to oversee the development of the MSC, was rebranded to Malaysia Digital Economy Corporation (MDEC) in 2016. MDEC’s accelerator programmes thereafter started to focus on digital startups.[4]

While the programmes may differ in sectoral focus, there can be overlaps. The bioeconomy accelerator programme,[5] for example, focuses on bio-based startups in the agriculture, industrial and health sectors. Likewise, MRANTI Park also focuses on agriculture, health and bioscience, in addition to drone technology and IR4.0.[6]

The programmes cover startup development from pre-seed to seed, and from early-stage to commercialisation stages. However, World Bank’s identification of funding gaps has spurred a reorientation towards early-stage startups, leading MOSTI to launch MYStartup Pre-Accelerator programme in 2022.[7] MYStartup Pre-Accelerator focuses on pre-seed and early-stage start-ups, providing guidance and coaching to help them unlock their value and potential.

Collaborations are common across institutions while public-private partnerships in accelerator programmes have also increased over time. This can be observed in many MDEC programmes, which have included partnering state level programmes and with private accelerators as well.

In view of the looming 2025 deadline, targeted programmes have been launched to stimulate the birth of unicorns. This includes the launch of the 100 Soonicorns programme in 2022, where soonicorns are defined to be unicorns in the making.[8] The programme aims to identify 100 soonicorns, out of which 20 will be selected for tailored learning, mentoring, regulatory assistance, and funding from investors which include government agencies as well.  In 2023, MDEC launched another new mentoring programme, called the Founders Center of Excellence’ (FOX) Program, which targets high growth tech companies with potential to become unicorns or achieve an IPO by 2025.[9]

Research universities and government research institutes also host incubator programmes in collaboration with Malaysian Technology Development Corporation (MTDC), although two of the oldest research universities, namely University Malaya and Universiti Sains Malaysia have opted to do so independently or with different collaborators. There are also private incubators such as MAD (Make-a-Difference) incubator,[10] which aims to work with bigger private universities like Help University. Unfortunately, there is no list of private incubators available and start-ups may encounter difficulties seeking out these incubators.

There are also special channels for Bumiputeras such as Teraju’s programme to support Bumiputera startups, which ran from 2014 to 2021.[11] SME Corp also has several programmes for Bumiputeras. Since these programmes are also dependent on government funding, some of them have been terminated when their funds dried up or when new allocations have new priorities. For example, the Business Accelerator Program of SME Corp is currently closed.

At least three states have publicly announced their respective accelerator programmes, with the Selangor programme being the oldest. The Penang state government is collaborating with private players, while Sarawak’s is driven by Digital Sarawak.

Petronas, a government-linked company, has also launched an accelerator programme which has five focus areas related to the interests of the company. These are naturally tied to future areas that can impact the direction of the company, such as sustainability concerns, the future of chemicals and materials, and the future of energy and mobility.

Private accelerators also exist but the exact number is not known. Six of the best-known work collaboratively with MDEC, namely WatchTower and Friends, Scaleup Malaysia, 1337 Venture Accelerator, PwC, Nexea and Sunway ILabs Super Accelerator. Global Accelerator Programs such as the one hosted by Alibaba are also available in Malaysia.[12] Notable among the private accelerators is the collaboration between Carsome, Malaysia’s first unicorn that was minted in 2021, and SunwayiLabs, a private accelerator, to run a programme that focuses on funding, supporting and scaling up startups that potentially disrupt the automobile ecosystem.[13]

KEY CHALLENGES

Programme Assessment

The outcome of all these government incubators and accelerator programmes, when reported publicly, is usually in the form of the number of participants of an event or the number of startups who completed the programme. Cradle, which has been running incubator and accelerator programmes since its inception, was reported to have approved 486 projects totalling RM191.94 million, from 2011 to 2020.[14] Cradle commissioned a study in collaboration with Help University in 2017 to study the impact of Cradle programmes on the economy.[15] The study, which has not been released to the public, reported that in 2018, Cradle’s initiatives had contributed US$838 million (RM3.4 billion) to the country’s Gross Domestic Product (GDP) and created 80,600 full-time jobs. A total of US$321 million (RM1.3 billion) in private and foreign funding was attracted into the Malaysian technology ecosystem during the eight-year period. The number of startups that dropped out or continued to grow after participating in the programme was, however, not reported.

Data are sparse if available at all, on the subsequent development of the startups that have participated in any of these programmes. In particular, university incubators are usually assessed for publication purposes. For example, Ng et.al. (2019)[16] compared Malaysia’s University Incubators (UI) with Taiwan’s and found that Malaysia’s UI are not only younger but also lacking in institutional culture, socio-technical networks, and financial and human capital, making them less effective than Taiwan’s. Importantly, since the promotion of academic staff is tied to publication, they are much less ncentivized to search for startup opportunities through these incubation programmes; efforts to commercialise university research therefore remain elusive.[17]

MOSTI’s MyStartup first Annual Report 2022 may pave the way for a new way of reporting as it provides some details on the programmes conducted under this platform.[18] These programmes are outlined with some data on participation in terms of the number of applicants and the number selected, and some testimonials and illustrative success stories. Testimonies, while valuable, cannot substitute for a survey on user perception of the value of the programmes or an appraisal on whether the support provided has indeed enhanced the longer-term survival and growth prospects of startups. Such an appraisal can provide invaluable feedback for improving programmes. There is, however, scarce information on whether the numerous programmes have been assessed for improvements, not to mention that on the metrics used.

In particular, there is no comparison between government-supported startup survival and the long-term development of private incubator and accelerator-supported startups, based on specific outcome measures. Further comparison with non-supported startup development is essential if one is to understand the value and influence of government incubator and accelerator programmes.

Funding beyond incubator and accelerator programs

Besides funding incubator and accelerator programmes, there is also funding available that is not tied to these programmes (Figure 1). This is because mega-size funding is critical for scaling up the development and success of startups. Grab, for example, was founded in Malaysia by Malaysians and received initial funding support from Cradle. But when it grew bigger, much more funding was needed for it to grow exponentially and Grab was apparently unable to access this funding in Malaysia. It was subsequently persuaded by a Singapore venture capitalist to move its headquarters to Singapore in 2014 and it was later listed on NASDAQ in 2021.[19] In contrast, Carsome, Malaysia’s unicorn, stayed on in Malaysia and could grow to its present scale after managing to obtain funding from a partnership between Gobi, a private venture capital company, and Malaysia Venture Capital Management (MAVCAP), in 2016.[20]

Hence, beyond the funding provided through incubation and acceleration programmes, additional funding is available. This is also not centralised and is instead distributed across different ministries and agencies, which diffuses the amount available for each startup. The funds are mainly in the form of grants, loans, and incentives. There is also peer-to-peer funding (P2P) funding (or borrowing directly from individuals) and equity crowdfunding, which is the collecting of smaller sums of money from a larger number of investors, organised by one of these agencies. In particular, there are also several government-owned firms that aim to provide venture capital. MAVCAP was established in 2001 under the MOF, with the mandate of developing the venture capital sector, and it is one of the largest VC firms in Malaysia. It operates under the purview of MOSTI. The government has also increased its efforts to bring in private venture capital through partnership with the government, for high risks investments. Specifically, the Ministry of Finance (MOF), apart from providing funding for programmes and other funding agencies, established Penjana Kapital in 2020 with a RM600 million investment fund to promote public-private partnership; it is a matching fund-of-funds programme wherein funds raised by foreign and private local investors are matched 1:1.

In 2022, Securities Commission Malaysia showed that government agencies contributed 36.01% of the country’s venture capital, followed by sovereign wealth funds (27.7%), while corporate investors contributed 22.68%,[21] indicating a continued dependency on government and government-linked funding. The private venture capital market is still considered underdeveloped. In part, Malaysia is relatively less attractive because its domestic market is relatively small and scaling up requires firms to have a global mindset from the start and to be able to tap on the regional market, which in turn depends on their access to funding. Carsome for example, relied on several rounds of funding to expand from Malaysia to Indonesia, Thailand, and Singapore. The regional market, on the other hand, is difficult to penetrate due to the prevalence of non-tariff measures, especially in terms of standards used, imposed in each country.[22]

The availability of numerous funds does not necessarily imply that they are easily accessed as there is little accountability on the use of these funds or their effectiveness. Instead, Malaysia startups continue to face funding problems; World Bank (2022)[23] found that in proportion to its GDP share, Malaysia’s VC activity is relatively low, indicating that it is performing below its potential in this respect. In addition, Malaysia’s average deal size for seed funding is comparatively low as compared to its regional peers, indicative of a lack of high-quality investment opportunities.

CONCLUSION

Malaysia’s aspirations to nurture startups and unicorns can be traced as far back as to the establishment of the MSC in 1996. The government has since established numerous incubators and accelerators to facilitate the growth of these firms, with the participation of different ministries, agencies, and government-linked companies. Funds have likewise been provided each year in a similarly decentralised manner to meet the funding needs of startups from inception of ideas to growth and subsequent commercialisation and expansion. However, the lack of proper assessment of incubator and accelerator performance and of the effectiveness of government funding lends uncertainty as to whether the current stage of development of startups is commensurate with the money spent.

Assessments of incubator and accelerator performance in other countries have shown good data is needed. The databank on startups in Malaysia is poor and spread across several Ministries and agencies. It is important to take a leaf from the UK study[24] where it is suggested that data sharing should be made obligatory for incubators and accelerators that have received or are receiving public fundings.[25]

Designing an assessment framework and working across different incubators and accelerators require identifying a set of appropriate performance metrics to be used. It is crucial that Malaysia moves away from simplistic performance metrics such as number of participants, number who selected for attending the programmes and number who graduated from programmes.

The performance measures must be meaningful in the short-term as benchmarked against the activities and results of the programmes. It should also measure the sustainability of the startup. Likewise, assessing the impact of funding should focus on meaningful metrics that can measure performance outcomes attributable to funding received. Identifying the appropriate performance measures and collecting the relevant data are a crucial step forward.

It may be that incubators, accelerators and funders should assess their own impact, but more often than not, they do not have the time or the resources to do so. It is important therefore for data to be shared with independent researchers. Data-driven insights can be gained from this for the improvement of future programmes and funding processes.

Appendix 1. Federal and State Incubators and Accelerators, 2023

Ministry and agencyPrograms
MOSTI
CRADLEMyStartup (pre-accelerator program) https://www.mystartup.gov.my/accelerator  
MRANTIGlobal Accelerator Program https://mranti.my/global-accelerator-programme MRANTI Impact Challenge Accelerator Program https://mranti.my/solutions/scaling-up-market-ready/mranti-impact-challenge-accelerator-mica  
Bioeconomy CorporationBio-Based Accelerator Program https://www.bioeconomycorporation.my/industry-development/bio-based-accelerator-programme/overview/
MCD 
MDECSME Digital Accelerator Program https://mdec.my/digital-economy-initiatives/for-the-industry/sme-digital-accelerator GAIN (seven accelerator partners, which are either state or private programs) https://mdec.my/gain/accelerator-programs Malaysia Tech Entrepreneur Program (MTEP), https://mdec.my/about-mdec/digital-economy 100 Soonicorns Program https://www.kkd.gov.my/en/public/news/23065-100-soonicorns-launched-to-expand-unicorn-club-in-malaysia FOX program https://www.digitalnewsasia.com/startups/malaysias-unicorn-target-centres-around-mdecs-fox
MEDAC 
SMECorpPRESTIGE https://www.smecorp.gov.my/index.php/en/programmes1/2015-12-21-09-53-14/prestige  
Teraju (for Bumiputeras only)SUPERB (2014 -2021) https://superb.teraju.gov.my/home https://vulcanpost.com/766347/teraju-superb-2021-bumiputera-startup-accelerator/  
With Malaysian Technology Development Corporation (MTDC)I4.0 Accelerator Programs https://mytap.com.my/program_TAP-SME.php
Seven Public Universities; four with MTDC  https://www.mtdc.com.my/technology-centre/ USM: Centre for Innovation and Consultation (CIA) in collaboration with Western Digital https://innovations.usm.my/ https://www.nst.com.my/news/nation/2021/01/657929/western-digital-usm-unveil-centre-innovation-and-automation   University of Malaya Centre of Innovation & Enterprise (UMCIE) https://umcie.um.edu.my/our-location  
Selangor stateSelangor Accelerator Program (5th cohort) https://www.sidec.com.my/sap2022/
Penang statePenang Startup Accelerator Program (together with private) https://pydc.com.my/en/psap/
Sarawak 
Sarawak Digital Economy Corporation (SDEC))Digital Village Accelerator https://diva.sarawak.digital/
Tabung Ekonomi Gagasan Anak Sarawak (TEGAS)https://dayakdaily.com/tegas-to-groom-5-startups-in-its-startup-lab-accelerator-programme/
PetronasFuture Tech Accelerator Program https://www.petronas.com/ventures/futuretech-accelerator/

Source: Compiled by author

ENDNOTES

For endnotes, please refer to the original pdf document.


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2023/55 “Changing Perceptions in Laos Toward China” by Joanne Lin

 

Wang Yi (right), Director of the Office of the Foreign Affairs Commission of the Chinese Communist Party Central Committee, meets with Lao Deputy Prime Minister and Minister of Foreign Affairs Saleumxay Kommasith (left) in Beijing, China, on 10 July 2023. (Xinhua/Liu Bin) (Photo by LIU BIN/XINHUA/Xinhua via AFP).

EXECUTIVE SUMMARY

  • China is ASEAN’s largest trading partner and is viewed as the most influential economic power in Southeast Asia, according to recent State of Southeast Asia Survey reports. Especially for Laos, China’s investments through the Belt and Road Initiative have been significant.
  • The large scale of China’s investments in Laos, especially in infrastructure projects such as the China-Laos railway, hydropower dams, and special economic zones (SEZ), have not only increased China’s influence in Laos but also fed Laotian dependence on China.
  • However, a closer examination of Laos’ foreign policy, political priorities, and trade reveals that Laos can be “even-handed” or independent when it comes to international relations and is, in fact, able to strike a balance between its neighbours (particularly Vietnam and Thailand) and other major powers.
  • The State of Southeast Asia 2023 Survey Report has indicated that China’s influence in Laos may be significant, but it is, in fact, slowly waning. The Lowy Institute Asia Power Index has also indicated that China’s influence in Laos does not exceed that of other neighbouring countries. An increasingly assertive China and the deepening of US-China rivalry have placed greater pressure on Laos to move towards neutrality and to increase its reliance on ASEAN member states and other middle powers.

* Joanne Lin is Co-coordinator of the ASEAN Studies Centre at ISEAS – Yusof Ishak Institute, and Lead Researcher (Political-Security) at the Centre.

ISEAS Perspective 2023/55, 17 July 2023

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INTRODUCTION

Since the revival of its influence in Southeast Asia in the early 1990s,[1] China has become an important economic investor and development partner for the region, especially for Laos and Cambodia.[2] China has retained its position as ASEAN’s largest trading partner[3] since 2009, and ASEAN has become China’s largest trading partner since 2021.[4] For Cambodia and Laos, China constitutes the largest source of foreign direct investment outside of ASEAN.[5]  As such, China has been viewed as the most influential economic power in Southeast Asia, according to recent State of Southeast Asia Survey reports.[6]

Due to Laos’ limited developmental options,[7] it has benefited significantly from China’s investment. This is particularly through the Belt and Road Initiative (BRI) which is perceived to help regional countries achieve faster development.[8]

The scale of China’s investment in Laos, especially in infrastructure such as the China-Laos railway, hydropower dams, and special economic zones (SEZ), has resulted in an increase in China’s influence in both tangible and intangible ways.[9] The growing dependence of Laos on China has led academics and media to sometimes frame Laos as a “vassal” or “satellite” state to China, unable to think and act independently.

However, a closer examination of Laos’ foreign policy, political priorities, and trade (away from the lenses of major power rivalries) reveals that Laos can be “even-handed” or independent when it comes to international relations, and is able to strike a balance between its neighbours (particularly Vietnam and Thailand) and other major powers.[10] There are also indications that Laos has sought to diversify its foreign relationships (including in development assistance) beyond China.

The State of Southeast Asia 2023 Survey Report [11] has shown that China’s influence in Laos may be significant but it is nevertheless slowly waning. An increasingly assertive China and the deepening of US-China rivalry have placed greater pressure upon Laos to move towards neutrality and to increase its reliance on ASEAN member states, or middle powers such as the European Union (EU), Australia, Japan, and South Korea.

The Lowy Institute Asia Power Index[12] has also indicated that China’s influence on Laos is not the greatest where trade, investment, diplomacy, media (and social media), defence, and even UN voting alignments are concerned.

This Perspective will examine the changing perception of Laotians about China, and how Laos is more neutral than media reports and academic analyses generally claim.

THE STATE OF SOUTHEAST ASIA SURVEY FINDINGS[13]

(Note: The survey’s methodology has not changed across the four to five years of analysis. Starting in 2022, the survey was conducted both online and offline (CAPI method) in order to reach more respondents. The CAPI method for Laos started in 2023. The number of Laos respondents increased from 43 in 2022 to 107 in 2023. In terms of affiliation, Laos respondents from across four categories namely the academic/think-tanks/research institutions; the business/finance sector; civil society/NGOs/media; and the regional /internationals have increased in 2023 as compared to 2022, while respondents from the government sector decreased[14] in the same period.)

Major Powers’ Economic, Political and Strategic Influence in Laos

A five-year analysis of the State of Southeast Asia Survey reports from 2019 to 2023 shows that while China continues to enjoy a certain degree of influence in Laos, its economic power has been perceived to be declining, with the exception of 2020-2021 (Chart 1). The most significant decline was recorded for 2022-2023; China’s economic influence in Laos plunged from 86.4% to 20.6% (Chart 1), while China’s political-strategic influence in Laos decreased from 75% to 30.8% in the same period (Chart 2).

A growing number of Laos’ respondents have also indicated worry about China’s growing economic influence (an increase from 65.8% to 72.7%) while an increasing number of respondents welcome the US’ growing economic influence (from 0% to 50%) from 2022-2023.

In the same period, ASEAN’s economic influence among Laos respondents increased from 2.3% to 29.9%; Australia’s influence increased from 0% to 16.8%; and the EU’s influence increased from 6.8% to 16.8%. Japan, South Korea, the UK, and the US all registered an increase in economic influence among Laos respondents.

Similarly, Australia (0 – 14%) and the EU (0 – 17.8%) recorded the largest increase in political and strategic influence, while ASEAN, India, South Korea, the UK, and the US registered a smaller degree of increase among Laos’ respondents in the period 2022-2023.

Chart 1: In your view, which country / regional organisation is the most influential economic power in Southeast Asia? (Laos’ Respondents)

Chart 2:  In your view, which country/regional organisation has the most influence politically and strategically in Southeast Asia? (Laos’ Respondents)

State of Southeast Asia Survey reports from 2019-2023

Laos’ Perceptions of Major Power Leadership

A four-year analysis has shown that Laos’ respondents generally favour China with regards to leadership in championing global free trade (Chart 3). However, while China’s popularity soared in the period 2021-2022, it plunged from 61.4% in 2022 to only 14% in 2023 (lower than ASEAN’s and the EU’s). On the flip side, confidence in ASEAN increased from 6.8% to 26.2%; Australia from 0 to 10.3%; and the EU from 6.8% to 25.2%. Perceptions about the US have remained rather constant in the last three years (between 14% and 15.9%).

With regard to leadership in maintaining the rules-based order and upholding international law, Laos’ respondents’ confidence in China has consistently decreased over the past four years from 26.1% in 2020 to 5.6% in 2023 (Chart 4). In the period 2022-2023, the EU became Laos’ top option at 29%, an increase from 13.6% in 2022, while confidence in Australia increased from 0% to 17.8% following Russia’s invasion of Ukraine. Greater confidence is also recorded for New Zealand and the UK. China’s “no-limit” partnership with Russia, along with ASEAN countries’ (including Vietnam) concern about China’s more aggressive stance in the South China Sea may have contributed to the declining confidence.

Chart 3: Who do you have the most confidence in to champion the global free trade agenda (Laos’ respondents)

State of Southeast Asia Survey reports from 2020-2023

Chart 4: Who do you have the most confidence in to provide leadership to maintain the rules-based order and uphold international law (Laos’ respondents)

                             State of Southeast Asia Survey reports from 2020-2023

Impact of China-US Rivalry on Laos

If ASEAN were to align itself with one of the two strategic rivals (the US or China), an overwhelming majority of Laos respondents, from 2020-2022, chose China over the US (Chart 5). However, in 2023, 58.1% of respondents chose the US, while only 41.1% of respondents chose China.

In the survey done in 2023, when asked about seeking out “third parties” to hedge against the uncertainties of the US-China strategic rivalry, the biggest group of Laos’ respondents (42.1%) chose the EU while Japan (18.7%) and Australia (16.8%) were in the second and third places respectively.

Chart 5: If ASEAN were forced to align itself with one of the two strategic rivals, which should it choose? (By Laos’ respondents)

State of Southeast Asia Survey reports from 2021-2023

Summary of Findings

The findings have revealed that while China continues to have some degree of influence over Laos politically and economically, its influence has declined, particularly between 2022 and 2023. Confidence in China as a global leader to promote free trade or to uphold a rules-based order has also declined among Laos’ respondents. China’s COVID restrictions on borders and suspension of Laos’ exports have affected Laos’ businesses and farmers.[15] As such, there is a growing sentiment in the preference among respondents for middle powers, particularly the EU and Australia, to play a greater leadership role. Confidence in ASEAN has also increased with regard to its economic role in the region following the entry into force of the Regional Comprehensive Economic Partnership (RCEP) in January 2022 and the diversification of production sites from China to Southeast Asia as a result of the intensifying US-China rivalry. Economic growth in neighbouring countries including Thailand and Vietnam has resulted in an increase in their trade and investment with Laos.[16]

In the 2023 survey, when asked what could potentially worsen Laos respondents’ positive impression of China, the majority chose “China’s interference in my country’s domestic affairs (including influence over the ethnic Chinese citizens of my country)” at 56.7% and “China’s use of economic tools and tourism to punish my country’s foreign policy choices” (43.3%). This demonstrates that the growing presence of China in Laos may inevitably lead to concerns over domestic interference.

Apart from the trends in major powers’ influence and rivalry, Laos’ respondents have generally displayed neutrality (significantly above the regional average) in their outlook toward regional and international developments. This includes indicating the “neutral”, “not sure” or “no comment” options in questions relating to the Myanmar crisis, tensions in the Taiwan Strait, the Quadrilateral Security Dialogue (QUAD), the Indo-Pacific Economic Framework for Prosperity (IPEF), and China’s Global Security Initiative (GSI). This could possibly indicate a passive or neutral stance of Laotians toward global developments or a preoccupation with economic developments rather than political-strategic affairs.

LAOS’ MIXED VIEWS OF CHINA

It is without doubt that trade and investment relations between Laos and China have been growing. The two-way trade volume between the two countries was estimated to be US$4.15 billion in 2021, and increasing by approximately 20% yearly.[17] China accounts for more than 80% of Laos’ agricultural exports,[18] resulting in a trade surplus for Laos. China is also the main source of infrastructure financing in Laos. There are at least 815 projects funded by China (mostly under the BRI) to an amount of over US$16 billion since 1989.[19]

Among China’s infrastructure investments in Laos, the China-Laos railway is one of the most significant and controversial projects, considering its hefty price tag of US$6 billion.[20],[21] As a result of Laos’ significant reliance on China’s infrastructure financing, its total debt exposure to China (the largest single bilateral lender) is estimated to be approximately US$12.2 billion or 64.8% of its GDP,[22] resulting in some observers accusing China of ‘debt trap’ diplomacy.

In the past two years, rising debt is further exacerbated by the impact of the COVID-19 pandemic, inflation, and the rapid depreciation of the local currency the Lao Kip (more than 45% against the US dollar) making Laos’ debt repayment more expensive and putting the country at risk of defaulting. As a result, the public has expressed concerns[23] for fear that its sovereignty could be implicated in the case of compromising lands or national assets for debt repayment.

However, despite the growing debt, these infrastructure loans are generally viewed as necessary to expedite Laos’ economic development and trade. The China-Laos railway for example could be Laos’ best bet to boost its connectivity to turn its unfavourable land-locked status into a land-linked status with the second largest economy in the world. It is expected to boost the country’s GDP by US$81.63 million[24] (cost of freight to reduce by more than 30%) and tourism from China by at least 20%.[25] Apart from enhancing its connectivity with China, the railway with its ‘dry port’ is expected to be linked to the Greater Mekong Subregion[26] so that Laos can be an important logistics hub within continental Southeast Asia. This will not just boost its economic performance but also increase the people’s confidence in the Lao People’s Revolutionary Party.[27]

Another controversial development in Laos is the growing number of hydropower dams[28] built under the BRI which have the potential to turn Laos into the “battery of Southeast Asia”. While sustainable energy is sought after by the region, there are concerns over safety,[29] environmental damage[30] and livelihoods, including the potential effects on downstream states (Cambodia, Thailand and Vietnam), as well as worries about China’s increasing control over Laos’ energy resources. The China Southern Power Grid Company has a majority share under the Électricité du Laos Transmission Company Ltd and can effectively control the electricity export of Laos under a 25-year concession agreement.[31] Other concerns include the erosion of Laos’ social fabric due to these developments as well as local businesses being taken over by Chinese nationals who are not able to converse in the Laotian language.[32]

As such, while there are clear economic benefits brought about by China, there are also rising concerns and pushback against China’s growing presence and influence in Laos. Some scholars have noted that if Laos’ dependence on China increases, it could lead to China’s interference in the domestic affairs of Laos.[33] This has also been indicated as Laos’ top concern in the State of Southeast Asia Survey.

There are however views that Laos’ interest in China goes beyond economic interest. Danielle Tan[34] has noted that Laos’ reliance on its external environment, especially China, could be a deliberate strategy to put regional powers in competition with one another in order for the country to avoid being drawn into the orbit of just one of them (China, Vietnam or Thailand), and to enhance its bargaining powers with investors. As such, playing Vietnam against China helps promote Laos’ autonomy and independence. 

BEYOND CHINA’S INFLUENCE IN LAOS

While China is an important partner for Laos, it is certainly not its only partner. Political, economic and cultural ties with several countries shape Laos’ foreign relations. It has been observed that Laos has an impressive track record when it comes to balancing the interests of competing diplomatic partners.[35]

According to the Lowy Institute Asia Power Index 2023 Edition (Chart 6),[36] China’s influence in Laos may be significant but it is not the top influencer in particular categories including trade and investment, diplomatic and defence dialogues, arms trade, online search interest, foreign media flows, and travel destinations. Thailand comes out tops in trade and investment as well as other aspects of soft power influence including online search interest and travel destination. Where arms trade is concerned, Russia overtakes China as the leading arms exporter to Laos.

Vietnam, on the other hand, has the greatest influence in diplomatic and defence dialogues as well as foreign media flows. Laos’ relations with Vietnam continue to enjoy primacy at the political level and the Lao Peoples’ Revolutionary Party (LPRP) maintains  high level  relations with the Vietnamese Communist Party (VCP).[37] The two countries have practised “twinning” or “sister province” arrangements since the beginning of their diplomatic ties (a socialist form of para-diplomacy between local authorities),[38] including increasing transport connectivity between cities. Such efforts to interweave Vietnam[39] and Laos beyond any prospect of delinking cannot be replicated or diminished by China’s rise.[40],[41] An interview by the author with Laotian government officials also noted that the government and the LPRP conduct monthly visits to Vietnam, a practice that is not carried out with any other countries including China. 

Chart 6:

Source: Lowy Institute Asia Power Index 2023 Edition[42] (data selected and arranged by author)

CONCLUSION

China’s relations with Laos are expected to expand because of the growing economic linkages between the two countries. However, an increasingly assertive China and the deepening of US-China rivalry will place greater pressure upon Laos to move towards neutrality or to increase its reliance on ASEAN and its member states, or middle powers such as the EU, Australia, Japan and South Korea.

Statistics have shown that although China has some degree of influence over Laos, it is not controlling the country. State of Southeast Asia survey findings have also revealed that the prevailing attitude in Laos with regard to major powers’ regional influence is shifting away from China, particularly in the past year.

Greater autonomy will certainly bode well as Laos assumes the ASEAN Chairmanship next year. It will then have a chance to play a leadership role in the region, deepen relations with all major powers and further diversify its relations.

ENDNOTES

For endnotes, please refer to the original pdf document.


ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /support/get-involved-with-iseas/ISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
Editorial Advisor: Tan Chin Tiong  
Editorial Committee: Terence Chong, Cassey Lee, Norshahril Saat, and Hoang Thi Ha  
Managing Editor: Ooi Kee Beng  
Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).

 

2023/54 “Singapore – Malaysia Economic Ties: Recovering from COVID-19” by Pritish Bhattacharya and Francis E. Hutchinson

 

Photo of the Singapore – Malaysia Causeway taken during the lockdown on 20 March 2020. With the COVID-19 pandemic now behind, the trade relationship between both countries appears encouraging. Recent agreements in areas such as digital economy and green technology have been signed by the leaders of the two countries. Photo: Lionel Lim, https://flickr.com/photos/limchoonheng/49701562997/.

EXECUTIVE SUMMARY

  • Geographical proximity, historic links and comparable outward orientation make Singapore and Malaysia natural trading partners. As seen from a number of matrices, the two nations depend on each other for a range of key goods and services.
  • However, this complementarity is easy to take for granted and really only dates from the mid-1980s, when the two countries adopted similar economic policy frameworks. The relative importance of each country to the other has since remained very significant – in the midst of a structural shift to China as Southeast Asia’s foremost trading partner.
  • While the COVID-19 pandemic struck both nations in similar ways, it affected different aspects of their relationship differently. Recent data indicate, however, that the various components underpinning the economic alliance are recovering at varying speeds. 
  • The imposition of cross-border restrictions nearly eliminated the movement of people between the countries. This had very severe consequences for a range of businesses that depend on travellers and tourists. But, statistics from late 2022 indicate a strong recovery which, while not yet at pre-pandemic levels, is trending upwards.
  • Conversely, the movement of goods between the two nations remained completely unaffected during the outbreak. Prompt and dynamic measures by the authorities on both sides ensured that the flow of goods, from semiconductor components and machine parts to cut flowers and ornamental fish, continued unabated.
  • Bilateral trade in services suffered a temporary setback, with the trade value stagnating throughout 2020. However, in 2021, growth continued in a positive direction, given notable improvement in selected services that could be offered virtually.
  • Cross-border investments present a more mixed picture. Even though investment flows were largely immune to the vagaries of the crisis, Malaysia’s FDI to Singapore has plateaued. In contrast, Singapore’s investment into Malaysia is on an upward trajectory.
  • With COVID-19 behind us, the Singapore – Malaysia trade relationship appears encouraging. Recent agreements in areas such as digital economy and green technology have been signed by the leaders of the two countries. Progress towards the Rapid Transit Service between downtown Johor Bahru and Woodlands will further add impetus to trade and travel between the two neighbours. 

* Pritish Bhattacharya is Senior Research Officer in the Regional Economic Studies Programme, and Francis E. Hutchinson is Senior Fellow and Coordinator of the Malaysia Studies Programme, both at the ISEAS – Yusof Ishak Institute.

ISEAS Perspective 2023/54, 14 July 2023

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INTRODUCTION

The depth of the economic intertwining between Singapore and Malaysia remains unrivalled in ASEAN. Forged by proximity and strengthened by historical, cultural and familial ties, such linkages have been crucial to the development of both countries.

These multi-layered interconnections are easy to take for granted. Following the separation of Singapore and Malaysia, the adoption of fundamentally different economic models and relatively low levels of interchange meant limited compatibility during the subsequent two decades. This changed in the mid-1980s, when Malaysia began focussing more on manufacturing and lowered its trade barriers. Ensuing negotiations on bilateral issues and certain joint projects, such as the SIJORI Growth Triangle, not only led to the creation of supply chains across both countries, but also helped overcome their historical misgivings.1

Today, the two countries operate symbiotically. Not only is Singapore now home to over a million Malaysians, hundreds of thousands of people cross the Johor – Singapore Causeway every day for work or for leisure. Singaporeans consume fresh produce from Malaysia, and many businesses in the southern part of Malaysia depend on tourists from the other side of the border. Both countries trade in highly specialised services and enjoy a steady and sustainable investment partnership.2

The COVID-19 pandemic was an unprecedented systemic shock to the economic relations between the neighbouring nations. The imposition of expansive restrictions on the movement of people across the border to stop the spread of the virus was the first jolt. Binational families, daily Causeway commuters and firms unable to switch to remote operations were the first victims of the stay-at-home orders. COVID-related measures also inflicted massive costs on transport and logistics services that underpin cross-border production. Tourism and recreational sectors in both countries underwent deep contractions.

A brief timeline of the border restrictions elucidates the pandemic-induced tumult. In March 2020, Malaysia announced a sweeping Restricted Movement Order (RMO). Three weeks later, Singapore’s circuit breaker measures were enforced. In June, both countries set up reciprocal travel lanes for essential business. This continued until November 2021, when vaccinated travel lanes were agreed upon. But it was only in April 2022 that all travel-related COVID-19 testing requirements were lifted. Dynamism is now, finally, returning to many of the sectors that depend on greater cross-border activities. 

The recovery process, however, has been hampered by the ongoing Russia – Ukraine war. Although ASEAN’s exposure to either country remains limited, the spillover effects of a pan-European downturn cannot be ignored. Increasing energy prices, food and fertiliser inflation, and supply disruptions, among other externalities of the continued conflict, add to the cost of doing business for all Asian economies, including Singapore and Malaysia.

This Perspective seeks to understand the impact of the COVID crisis on the economic ties between Singapore and Malaysia. It analyses historical trends as well as recent data to see how the different aspects of the relationship were affected and what the near-term outlook is likely to be. The next section looks at the cross-border movement of people, while the subsequent sections examine the movement of goods, trade in services, and direct investment between the two countries. We end with a short- to medium-term outlook.

MOVEMENT OF PEOPLE: GRADUAL RECOVERY      

Singapore and Malaysia’s proximity, shared history and overlapping socio-cultural relations have led to robust and enduring people-to-people ties between them. This is corroborated by statistics related to their citizens’ residential status and employment opportunities. In 1980, for instance, 120,104 Malaysians lived in Singapore. Exactly three decades later, this figure had tripled to around 385,979.3 According to Malaysia’s Human Resources Minister, in 2022, the number of Malaysians residing in their neighbouring city-state had reached 1.13 million.4

Malaysians also make up a significant portion of Singapore’s workforce. According to the Malaysian Employers Federation (MEF), close to 900,000 have secured full-time employment opportunities in Singapore, and a third of them cross the Causeway every day.5

The territorial adjacency of the two nations also presents myriad tourism opportunities. In fact, Singapore is the largest source of tourists going to Malaysia. In 2019, Malaysia recorded close to 10.16 million tourist arrivals from the island republic – more than the combined arrivals from China, Hong Kong, Japan, the US and all of Europe (Figure 1).6 

However, the scenario changed dramatically once the pandemic hit. The COVID-transmission pattern was similar in Singapore and Malaysia. After several weeks of single digit rises, the number of active infection cases began climbing exponentially in early 2020. To stem the spread of the outbreak, on 16 March, Malaysia’s then Prime Minister Muhyiddin Yassin announced an extensive RMO, which barred citizens from travelling overseas and foreign visitors from entering the country. On 7 April, Singapore initiated its own cordon sanitaire phase in the form of the circuit breaker measures. Almost overnight, the daily passage of commuters across the Causeway – the world’s busiest land border crossing – plummeted from over 300,000 to virtually zero.7

Besides land travel, the scale of the economic turmoil was also evident in the aviation sector. In 2018, the air route linking Singapore and Kuala Lumpur was declared the busiest in the world, with a capacity of 4 million seats served by an average of 84 daily flights.8 At the height of the pandemic, in 2021, the number of flight services dropped to just six per day.9

The dual nation-wide lockdowns wreaked havoc on Malaysia’s tourism sector. Leisure-related operators in Peninsular Malaysia’s southernmost state of Johor were hit the hardest, given their heavy reliance on cross-border activity and visitors from Singapore. These included carwash outlets, money exchange shops and hair salons, many of which did not survive COVID. According to the Johor Bahru Chinese Chamber of Commerce and Industry, the local food and beverage and entertainment sectors suffered grave losses, with an estimated 40 per cent of bars and nightclubs shutting down.10 By late 2020, several landmark hotels in Johor had closed for good, as the average occupancy rate reached a record low of 27 per cent.11 As a result, over 15,000 Malaysians – mostly residents of Johor – were laid off.12   

In 2021, when only essential travel was permitted, a mere 16,308 visitors from Singapore landed in Malaysia, or 1.6 per cent the figure recorded two years earlier. Although large-scale vaccination efforts and diplomatic travel channels helped raise the tally to 5.22 million in 2022, this was close to the number of tourist arrivals from the city-state in the year 2000.13 At this rate, it may take up to four years for Malaysia to reach pre-COVID levels of visitors. The situation is exacerbated by the economic slowdown in China, the country’s second largest source of tourists.

Although the flow of tourist arrivals in Singapore is structured differently from that observed in Malaysia (the former enjoys a more even distribution of tourist source countries), its tourism industry could not escape the devastating impact of COVID-19 either. As many as 1.22 million travellers from Malaysia reached Singapore in 2019, but in 2021, this nosedived to 24,217, or 2 per cent of the 2019 statistic. But thanks to dynamic public health interventions, this number jumped to 590,958 last year (Figure 2).14 Additional efforts to ramp up Singapore’s recreation industry and prop up its hospitality industry are expected to facilitate total recovery of the tourism sector by 2024, according to the Singapore Tourism Board (STB).15

Another major, although indirect, casualty of the prolonged disruption to the movement of people between Singapore and Malaysia has been the latter’s real estate sector. The impact was felt most acutely in Iskandar Malaysia, Johor’s flagship development corridor. Established in 2006 and backed by Khazanah Nasional, the region was supposed to transform into a special economic zone focussed on specialised sectors by 2025. Along with massive inflow of foreign investment, Iskandar Malaysia also witnessed rapid growth in the residential and commercial property market. But the overwhelming magnitude and duration of the pandemic resulted in the state being left with a huge stock of unsold homes. Indeed, in September 2022, when the value and volume of transactions in the real estate segment dipped by as much as 30 to 50 per cent, Johor accounted for 17 per cent of the national property overhang. Be that as it may, recent projections indicate a rental rebound to pre-pandemic levels in 2023.16

The COVID-inflicted decline in Malaysia’s property segment was matched by a parallel upswing in Singapore’s rental market. As more Malaysian workers, especially those employed in the city-state’s construction sector, decided to temporarily shift base to Singapore, reports of landlords quoting excessively heavy prices for accommodation close to industrial areas began appearing on various news outlets.17 This had a detrimental impact on not only the workers but also the construction firms. But unlike Malaysia’s case, the republic’s overall trend of increase in rents – of up to 70 per cent – has yet to reverse.18

TRADE IN GOODS: ONWARDS AND UPWARDS

Although both countries pursued distinct modes of economic development during the early years following their independence and separation (Singapore relied on exports and FDI to generate growth, and Malaysia opted for import substitution), they became more integrated during the mid-1980s, when their strategies converged. Over the course of four decades, the scale and scope of goods trade between the adjoining nations has increased manifold, and each has emerged as the other’s second largest trade partner since the turn of the century.19

The steadfastness of the trade ties was clearly demonstrated during the three COVID-19 years. Defying expectations, the tight restriction on the movement of people across the Causeway and the Second Link at Tuas did not perturb trade in goods. As a matter of fact, within days of the RMO announcement, policymakers from both countries released statements assuring sustained cooperation throughout the outbreak. The first pronouncement came from Singapore Prime Minister Lee Hsien Loong in March 2020, who posted on Facebook that he had received confirmation from his Malaysian counterpart on the continued flow of goods, farm produce, pharmaceuticals and industrial supplies between the neighbouring nations.20 

As the pandemic protracted, more such declarations followed. For example, the Singapore – Malaysia Special Working Committee on COVID-19 was announced in March 2020.21 In May 2021, the commitment to maintain the exchange of goods and supplies across the border was reiterated during Malaysia’s imposition of full movement control order (FMCO).22 Then, in April 2022, leaders from Singapore and Johor announced extended bilateral cooperation in the areas of transport, food safety and security, logistics and economic collaboration.23

This absence of any discernible effect on trade in goods between the two countries can be attributed to two principal factors. First, Singapore and Malaysia have, over the years, invested significant resources to build sophisticated and resilient logistics networks, ensuring local businesses speedy fulfilment and shorter response times to cater to cross-border demand despite disruptions. And second, by and large, both countries act as regional distribution centres for major electronic products, and their ultimate end markets for such goods are mostly overseas.

This brings us to an often-ignored facet of the goods exchanged between Singapore and Malaysia. In sharp contrast to popular perceptions that trade between the two countries is composed largely of fresh vegetables, fruit, chicken, food items and clothing, Singapore exports a diverse range of highly specialised goods to Malaysia. These include refined petroleum and related by-products; integrated electronic microcircuits and components of electrical and electronic consumer goods; and chemical products and polymers. Its imports from Malaysia are made up of similar items, given the island’s hard-earned re-export economy status.24

In other words, the trade between the two countries is essentially part of regional production networks in electrical and electronic goods. And, as Malaysia’s manufacturing capabilities improve, demand for intermediate goods from Singapore will continue to rise. In fact, the relative importance of the various categories of goods traded between the countries has barely changed even after the pandemic (Tables 1A and 1B).

The robustness of this trade relationship is underlined by the fact that the overall quantum of their bilateral trade during the pandemic was higher than that achieved before COVID-19 (Tables 2 and 3). Electronic exports from Singapore to Malaysia rose sharply on account of the burgeoning demand for semiconductors (for integrated circuits, telecommunications equipment, and diodes and transistors).25 And, since Malaysia routes a fifth of its global export of integrated circuit products via Singapore, this exchange was largely reciprocal.26

Cross-border trade in medical goods was also a key contributor. While the city-state supplied Malaysia with key biomedical products (including instruments and appliances used for medical and surgical purposes), its import of protective garments and vulcanised rubber gloves manufactured in Malaysia increased two to three times between 2019 and 2021.27

Another noteworthy trend that persisted throughout the health crisis was the increasing importance of China as the main trading partner for both countries. Since the new millennium, the People’s Republic has managed to supplant Singapore’s as well as Malaysia’s traditional trade markets such as the US, Japan and the EU. Apart from the locational advantage, China’s growing trade dominance can be ascribed primarily to its highly integrated global value chains and, to a lesser degree, to its strong desire to maintain an indispensable presence in ASEAN.

TRADE IN SERVICES: GROWING AGAIN

The modern conception of services is derived largely from the General Agreement on Trade in Services (GATS), a key treaty of the World Trade Organization (WTO). As members of the WTO, both Singapore and Malaysia extend the principle of most favoured nation (MFN) to the other country. However, unlike for goods trade, data on trade in services cannot be compiled easily. Services are not only intangible but also heterogeneous, thanks to the rapid advances in information and communications technology (ICT).

Prior to the pandemic, Singapore’s services trade saw healthy growth that outpaced that observed in merchandise trade. In 2019, for example, Singapore exported around US$5.67 billion worth of services to Malaysia, while imports were valued at US$2.8 billion.28 Notable services transacted between the two countries included travel, transportation, construction, insurance finance, and royalties and license fees.

These values stagnated in 2020 with the onset of COVID. While the exchange of travel services plunged because of the stringent border closures, certain services such as telecommunications, computer and information services and financial services recorded gains, as these could be delivered by virtual means to clients. Collectively, the trade volume plateaued for the year (Figure 3).

In 2021, Singapore’s services exports to and imports from Malaysia rebounded to US$6.6 billion and US$3.6 billion, respectively.29 The recovery was driven by the continued growth of the business services, charges for the use of intellectual property, as well as financial services. Travel services, though still subdued, managed to make reasonable gains, thanks to travel bubbles and strong cargo demand in key segments such as e-commerce, pharmaceuticals and electronics.

Recent examples of services trade between Singapore and Malaysia are included in the Appendix (AP1).

CROSS-BORDER INVESTMENT: MIXED MESSAGES

Singapore consistently features among Malaysia’s primary sources of foreign direct investment (FDI) as well as its prominent destinations of direct investment abroad (DIA).

The innate compatibility between both economies is credited with the upward trend of inward FDI from Singapore to Malaysia, even when COVID peaked in the region (Figure 4). Specifically, firms in the city-state consider their immediate neighbour a reliable destination for investments because of several favourable factors. These include Malaysia’s robust financial regulation mechanisms that permit repatriation of capital, interest, dividends and profits; the availability of affordable and trainable workforce; a sizeable domestic market; and the country’s key position in regional and global supply chains. As a result, FDI from Singapore to Malaysia rose from US$6.9 billion in 2019 to US$9.8 billion in 2022.30

Malaysia’s unique value proposition has also attracted significant investments from the US and from European countries, which collectively account for the largest regional share of inward FDI. Lately, China has also emerged as an important source of FDI, but its investments, like those from Japan, have displayed significant volatility over the past decade.31

Outward FDI from Malaysia to Singapore, on the other hand, has remained relatively low but steady for around a decade, rising from US$25.1 billion in 2012 to US$34.3 billion in 2022 (Figure 5).32 The key reason behind the more measured annual increments may lie in the long-held preference among Malaysian government-linked companies (GLCs) for investments in the primary sector, especially the oil palm segment, and in mining and quarrying activities, including offshore oil and gas operations.

However, the recent rise of private players, coupled with the country’s overall international competitiveness, has led to noticeable diversification of the investment portfolio, with greater capital infusion in the financial services, banking and telecommunications sectors.33 This points to optimistic prospects for more Singapore-bound FDI from Malaysia in the future.

Upon analysing Singapore’s chief FDI sources, another interesting pattern comes to the fore. Even though the country has witnessed a gradual shift in goods trade away from Europe, Japan and the US, the volume of investments from these countries outstrips that from China. In 2021, the US was Singapore’s largest investor, having cumulatively injected some US$445 billion into the island. This was almost double the investments received from the EU sans the UK (US$231 billion). While historically very significant, Japan’s investments in Singapore are now close in value to those from China and Hong Kong.34

Several recent instances of major investment flows between Singapore and Malaysia are mentioned in the Appendix (AP2).

OUTLOOK

Singapore and Malaysia share a complementary and reciprocal economic relationship. Even though the initial fallout of the coronavirus outbreak appeared more or less identical in both countries, the various components underpinning their partnership were affected differently.

Despite the underlying commonalities in geography, history and culture, the Singapore – Malaysia connection began blossoming only during the 1980s. The analysis conducted in this Perspective suggests that their ties have strengthened considerably over the past 40 years. This has been frequently echoed by the leaders of the two countries, the latest being in January 2023, when Anwar Ibrahim made his first official visit to Singapore as Malaysia’s Prime Minister. Aside from highlighting the significance of the open supply chains for goods, services and later vaccines during the COVID years, he and Singapore Prime Minister Lee signed agreements on the digital and green economies, and a memorandum of understanding on cooperation in areas of personal data protection, cybersecurity and digital economy.35

The visit was subsequently followed by a bilateral meeting of the Malaysian and Singaporean transport ministers, immediately generating news of a possible revival of the Kuala Lumpur – Singapore High Speed Rail (HSR) project. However, the current consensus is that neither government is ready to invest in the project at the moment. Conversely, the Johor Bahru – Singapore Rapid Transit System (RTS) Link project is on track to be completed by end 2026. The joint venture cross-border metro system will link to public transport networks on either side and will enable 10,000 commuters to travel in each direction every hour. Through providing an alternative means of crossing the border, the RTS can alleviate peak hour congestion on the Causeway, as well as enable factories to schedule their shifts more adaptively.

A related joint development proposal in the pipeline is the Johor – Singapore Economic Region (JSER). Informally announced in May 2023 and still at the ideation stage, the initiative is aimed at utilising the Malaysian state’s proximity to the republic to set up a corridor to facilitate not just movement of human resources and commodities but also substantial cooperation in niche areas of mutual interest such as semiconductors, renewable energy and telecommunications.36

With COVID-19 essentially behind us, Singapore – Malaysia economic ties are returning to their natural state. The proximity, trust and compatible economic frameworks make the partnership between the two countries very fruitful. The pandemic was a critical juncture that shook the foundations of this relationship, but the natural complementarities, as well as consistent work by the authorities on both sides enabled trade in goods and services to proceed uninterruptedly, and the movement of people to resume as quickly as possible. Looking forward, we can expect further progress on the various aspects of this relationship.

APPENDIX

AP1: Trade in Services (Recent Examples)

AP2: Cross-Border Investment (Recent Examples)

ENDNOTES

For endnotes, please refer to the original pdf document.


ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /support/get-involved-with-iseas/ISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
Editorial Advisor: Tan Chin Tiong  
Editorial Committee: Terence Chong, Cassey Lee, Norshahril Saat, and Hoang Thi Ha  
Managing Editor: Ooi Kee Beng  
Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).

 

2023/53 “Rice Production and Food Security in Southeast Asia under Threat from El Niño” by Elyssa Ludher and Paul Teng

 

Farmers are joined by children helping to harvest rice in a field in the southern Thai province of Narathiwat on 27 March 2023. (Photo by Madaree TOHLALA/AFP)

EXECUTIVE SUMMARY

  • 2023-2024 is now officially an El Niño year. This typically brings drought and warmer temperatures to Southeast Asia, just as the region is in the process of recovering from record-breaking heat waves. The last two “very strong” El Niño events – in 1997-98 and 2015-16 – impacted food crops and livestock in Southeast Asia and caused a notable decline in rice production. This contributed to global inflation in the price of rice of up to 16 per cent.
  • Experts are projecting that El Niño will strengthen towards the end of 2023 and early 2024, affecting winter and spring rice production. Rice losses may also be exacerbated by suboptimal harvests due to harsh weather conditions and spoilage due to poor storage infrastructure.  
  • Countries are already responding by updating policies and interventions: Thailand and Vietnam – both major rice exporters – are projected to reduce rice production in the 2023-24 season, even as major producers (and consumers) China and India experience production losses due to extreme weather conditions. 
  • Rice is key to the region’s food security, and a decline in supply will affect domestic food security in numerous countries, leading to malnutrition and health impairment.
  • The region has already adopted early warning systems, irrigation plans, and disaster preparedness plans. More can be done, including educating consumers on staple diversification to drought-resilient crops, increasing rice reserves, strengthening community-based food security, maintaining open rice trade, and facilitating inter- and intra-regional exchange and collaboration on effective action and rice research. The impacts of El Niño have been proven to persist beyond the El Niño year, and authorities and communities should prepare for a prolonged recovery, particularly in agriculture.

* Elyssa Ludher is Visiting Fellow and Professor Paul Teng is Associate Senior Fellow at the Climate Change in Southeast Asia Programme at ISEAS – Yusof Ishak Institute, Singapore. Professor Teng is also Dean and Managing Director of NIE International, Nanyang Technological University Singapore.[1]

ISEAS Perspective 2023/53, 12 July 2023

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INTRODUCTION

The climate phenomenon of El Niño is typically associated with drought and warmer temperatures in Southeast Asia, but also with floods and typhoons globally. It has had an outsized impact on agriculture, particularly rice.

On 8 June 2023, the National Oceanic and Atmospheric Administration (NOAA) officially declared that El Niño conditions had been observed, indicating that 2023-24 will again be an El Niño year.[2]

The last El Niño event, 2015-2016, recorded the hottest year on record and affected 60 million people globally;[3] in Southeast Asia, the warmer temperatures and prolonged drought resulted in an output decline of 15 million tonnes of rice compared to the preceding two years.[4] In Vietnam, the drought, excessive groundwater withdrawals, and subsequent saltwater intrusion up to 90 kilometres into the Mekong Delta and its rice fields resulted in an estimated loss of US$674 million, or 0.35 per cent of its GDP. [5] [6] In the Philippines, close to 200,000 rice and corn farmers were affected, sparking riots[7] and resulting in an 11 per cent drop in production compared to 2014.[8] These disruptions resulted in the global price of rice increasing by 16 per cent.[9] Elsewhere in Southeast Asia, El Niño resulted in reservoirs drying up, forest and peatland fires, and widespread haze.

While the strength of the 2023-24 El Niño event is yet unknown, the unprecedented ocean warming since the early months of 2023 could result in record-breaking temperatures in 2024.[10] Analysts are predicting a shortfall in rice production; one foretelling the worst shortfall in 20 years, surpassing the shortfall in 2015-2016.[11] This shortfall affects the amount of rice available for domestic consumption. The reduction in surpluses for export will affect all major rice importers in Southeast Asia, which includes Indonesia, the Philippines, Malaysia, and Singapore.

Rice is key to food security as Southeast Asians receive more than 76 per cent of their caloric intake from rice.[12] As the saying in many parts of Southeast Asia goes: “it’s not a meal without rice”. Loss of rice will thus impact food security, specifically causing malnutrition and health impairment. Action is needed to prepare for this probability. 

This Perspective provides some insights into the potential impact of El Niño on rice production and food security in Southeast Asia, and suggests actions that can be taken to enhance agri-food resilience in the short and long term.

EL NIÑO’S IMPACT ON RICE PRODUCTION IN SOUTHEAST ASIA

What is El Niño?

El Niño is a climate phenomenon that naturally occurs every two to seven years. [13]  It is caused by the warming of sea surface temperatures in the Pacific Ocean, which alters rainfall and surface winds, that in turn change ocean currents and sea surface temperatures. El Niño typically lasts a year, though every El Niño event is different. An El Niño event is declared when sea surface temperatures in the tropical eastern Pacific are above the long-term average. El Niño conditions are monitored using the Nino3.4 index, and the event is determined when the threshold value for Nino3.4 index (average of SST anomalies over the region 5N-5S, 120W-170W) is above 0.65 °C, based on the 3-month average value for 5 or more consecutive months.[14]  

During El Niño, surface air pressures are higher than normal over Southeast Asia, creating drier conditions that increase the risk of smoke haze from land and forest fires in the region. With warmer temperatures typically following drier periods, droughts and heatwaves may become more common, depending on the intensity of El Niño event. While El Niño is not a result of climate change, climate change is believed to amplify its impacts.[15]

El Niño and its impact on rice production

Rice production, like most of agriculture, is highly dependent on favourable climate. The recent heat wave from March to May 2023 – when temperatures rose above 45 degrees Celsius in Thailand, Myanmar, and Laos, and above 40 oC in Cambodia, Vietnam, and Malaysia[16] – delayed the rice planting season. El Niño is expected to prolong the warm, dry weather in mid-2023 into mid-2024, causing plants to experience heat stress, which impacts growth and ultimately, yield.

Just as humans can experience heat cramps, dehydration or heat stroke, plants too experience debilitating effects.[17] Heat stress causes water loss, delayed growth, reduced pollination, impaired seedling or root growth, withered or yellow leaves, reduced tiller (grain bearing branch) number, and seedling death in plants.

Generally, temperatures above 33 ᵒC have commonly resulted in rice yield reductions.[18]  One study by the International Rice Research Institute (IRRI) in the Philippines has found that for every 1 oC increase in average night-time temperatures during the dry season, there has been a corresponding 10% yield loss on average.[19] With El Niño likely bringing record-breaking temperatures, yields are expected to be reduced.

Much research has been dedicated to developing thermoresistant and drought resistant strains. Key research centres in Southeast Asia include the IRRI, the Indonesian Centre for Rice Research (ICRR), Vietnam Academy of Agricultural Sciences (VAAS), and the Thai Rice Department’s 28 rice centres. Research to develop climate-resilient varieties is important as heat stress’s effects on rice yields are dependent on the timing (when it happens), severity (how high the temperature and humidity levels are) and duration (how long it lasts) of the heating event during the growth and developmental stages of the crop.[20] For example, the optimum temperature for rice at seedling stage and germination is 25-28°C[21] and 28-30°C[22] respectively, and temperatures above that reduces yield—for example by increasing sterility, delaying flowering, and shortening fertilisation periods.[23]  Heat stress at later (grain filling) stages reduces starch accumulation and may increase chalkiness in grains (presents as reduced translucence of rice and milling quality).[24] [25] The impact is not only on quantity of rice produced, but also the quality of rice – lower grade rice attracts lower commercial values – resulting in economic losses for farmers. Any genetic improvement in rice varieties therefore needs to address all stages of the plant’s development.

The various eco-geological race of rice also responds to heat stress differently. As compared to Japonica rice, Indica rice is more heat-tolerant and suitable for high-temperature environments.[26] Indica rice is the dominant rice grown in Southeast Asia (Jasmine, Phka Rumduol and other fragrant and non-fragrant varieties), while Japonica rice (short grain) is mostly grown in the highlands of the region, though a tropical derivative—the Javanica—is popular in Indonesia. Abnormally warm temperatures in highlands can thus have a greater impact on rice yields than on yields in lowlands.

Figure 1: Typical timing of rice cropping seasons for the 5 top rice producers, and their trade quantities, in Southeast Asia (colours denote different seasons). Heat stress at the different stages of growth and development of paddy has corresponding impacts on grain development – and eventual yields – of the crop. (Source: FAOStat, Global Yield Gap; trade data refers to “Rice,paddy (rice milled equivalent)” in FAOStat)

Heat stress can be alleviated with irrigation. However, as El Niño results in reduced precipitation, there is little reprieve for rain-fed rice farms. Irrigated farms also face competing pressures on water use for residential, industrial or biodiversity needs.

Aside from impacting on yield, heat also increases spoilage. This is worsened by the lack of sufficient storage infrastructure in Southeast Asia, as well as destruction from pests and diseases which may become more prevalent in the warmer temperatures. It also impacts on farmers’ and those along the value chains’ productivity and ability to work, resulting in less-than-optimal output supply.

In the past, Southeast Asia’s rice production had been mainly impacted by El Niño events defined as “very strong”.[27] The 1997-1998 El Niño event reduced rice production in nearly every country in Southeast Asia, particularly in the Philippines.[28] However, overall production was buoyed by Vietnam’s production increase, resulting in the slight net increase in rice production between 1997-1998 over that of 1995-1996, by approximately 2 million tonnes.[29]

The 2015-2016 El Niño, however, was considered far more severe. Once coined the “Godzilla El Niño”,[30] it resulted in a decline of 15 million tonnes of rice compared to the preceding two years. The impact on agriculture, however, went beyond rice. In Vietnam, aside from the impact on rice, El Niño resulted in the loss of over 6,000 heads of livestock and damage to 70,000 hectares of aquaculture. Over two million people were impacted, 1 million of whom were left food insecure.[31] The Philippines too faced drought especially in the central and southern regions, resulting in a productivity decline in the fisheries sector by 20 per cent.[32] In Cambodia, it was estimated that 2.5 million people were affected by drought, and by loss of farmland and livestock.[33]

Figure 2: Rice production in Southeast Asia experienced dips, particularly in Indonesia, Thailand Myanmar, Philippines during “very strong” El Niño events. (Source: FAOSTAT, GGweather[34])

Implications for rice production for 2023-2024

Considering 2023’s record-breaking ocean temperatures,[35] El Niño could be considered “very strong” towards the end of the year. During this time, El Niño typically results in warmer weather in Thailand, Myanmar, Laos and North Vietnam, and warmer and drier weather in Indonesia, the Philippines, South Vietnam, Cambodia and Malaysia (See maps). Major rice cultivation zones all fall within the areas likely affecting winter and spring paddy seasons.


Figure 3: El Niño will impact nearly all of Southeast Asia’s rice growing areas, however the impact on the winter and spring rice will be more significant. (Sources of data for maps: NOAA[36] and Han et al[37])

Figure 4: Rice production in the major growing regions in the top 3 rice producing countries in Southeast Asia. Winter paddy likely to have the greatest yield reductions due to El Niño impacts. (Data sources: NSO Thailand, Vietnam General Statistics Office, Badan Pusat Statistik Indonesia)

It is thus anticipated that rice production, particularly winter and spring rice production, will decline as a result of El Niño. Southeast Asian countries are responding through policies and direct intervention. In May 2023, Thailand requested its farmers to cut 2023 rice planting to only the summer/autumn season to conserve water and avoid loss, and instead to switch to other drought-tolerant crops.[38] Vietnam has announced a plan to switch exports to higher quality rice, effectively cutting rice exports from the current 7.1 million tonnes to 4 million tonnes by 2030; the switch will happen gradually from 2023 onwards.[39] Indonesia has ordered the import of one million tonnes of rice from India to counter shortfalls and price inflation.[40]

The reduction in rice supply is coming at a risky time. The Russian invasion of Ukraine in 2022 had strained wheat supplies, raising global demand for rice. Extreme weather has also caused harvest losses in both of the world’s largest rice producers—China and India. India, the world’s largest exporter of rice, banned broken rice shipments and imposed a 20 per cent duty on rice exports in September 2022, due to a decline in production.[41]

Combined, India, Thailand and Vietnam account for more than half the global rice export (approximately 21, 6 and 5 million tonnes respectively in 2021).[42] Production declines will have huge implications on supply of rice not only in Southeast Asia but across the world.

STRIDES IN PREPARATION FOR EL NIÑO AND NEXT STEPS

Fortunately, Southeast Asia nations have learnt from past El Niño events, and have invested in preparedness, mitigation and risk reduction actions. Southeast Asian countries have developed national and local planning strategies to build risk-informed, resourced and coordinated systems.

Regionally, the ASEAN Specialised Meteorological Centre has further developed its early-warning meteorological capabilities. Other early warning systems have also been established, most recent of which is the regional Fire Danger Rating System (FDRS) in Malaysia in order to assess risk of fires and predict wildfire breakouts up to seven days in advance, and to help to mobilise resources for its prevention.[43] The system relies on 459 weather stations across ASEAN.[44]

As mentioned, efforts have also been made to develop drought-tolerant rice varieties. But more work is needed, and most farmers will not see its benefits in time. To address the projected drought, irrigation and water management plans have also been constructed. Thailand, for example, has developed a whole-of-country water management plan.[45] Malaysia has established a “war room” to monitor its reservoirs.[46] Vietnam is developing a drought response plan that extends until 2025 in case El Niño’s impacts extend for 3 years.[47] There is much each Southeast Asian country can learn from each other to improve domestic preparedness.

Other than the above, national safeguards are already in place to prepare for emergencies, including national rice stockpiles, integrated disaster risk management plans, and information broadcasting systems and communication means.

Still, more can be done. The following are a few examples of steps that can be taken to enhance food security.

  1. Educating consumers on staple diversification

With the likely rice shortfall, consumers may see higher rice prices and shortages. Often, rice alternatives exist, but it is consumers who are unwilling to switch. Consumer education is needed to diversify from dependence on rice. This is not commonly within the mandates of ministries of agriculture and should be taken up by agencies promoting food security and resilience, along with private sector, media, and even influencers, to produce a whole-of-society effort.

One promising substitute is cassava, which is drought tolerant and native to Southeast Asia. Historically, it was a staple; however due to past pro-rice policies, it is often now seen as an inferior food.[48] While it is still eaten widely in the region, few see it as a rice substitute. Cassava roots, however, have a lower glycemic index and are a rich source of fibre, vitamin C and other nutrients. Thailand, Indonesia, Cambodia and Vietnam are already major global cassava producers.[49] In Indonesia, at least one company has already processed cassava into a product that has the same texture and flavour as regular rice.[50] Innovations such as these need to be made more widely available to encourage consumers to see it as a viable substitute.

2. Increase rice reserves at country and regional levels

Most Southeast Asia countries have stockpiles, but these need to be increased or replenished.[51] At the regional level, ASEAN has established the ASEAN Plus Three Emergency Rice Reserve (APTERR) in 2011. This has calmed rice markets more than once since its establishment. For example, when the Philippines was experiencing rice hyperinflation due to supply shortage in 2008, Japan agreed to release its reserves, which then calmed markets.[52]

However, most experts agree that more can be done to bolster rice stockpile effectiveness and responsiveness. ASEAN rice surplus countries should be urged to contribute more of their share to APTERR, which now depends mainly on the “Plus Three” partners (China, Japan, and South Korea). ASEAN could also consider upgrading its shared stockpile database to a real-time system for better coordinated and quicker response times. This is to ensure that it is able to meet its purpose even as multiple shortages occur.

3. Strengthen community-based food security

The impact of El Niño is often a slow-burning issue, as opposed to a disaster such as a one-time extreme storm event. As a result, while impacts are widespread across cities, villages and towns simultaneously, they are often patchily addressed. It is thus necessary to involve more community-based organisations that are able to identify and address distress in a timely manner and work with local government and civil society groups. Akin to the Covid-19 period, it is likely that more volunteer organisations will arise to serve communities when needed. Communities should also work towards resilience by building up community- and household-based farming projects to promote self-reliance, and to reduce exposure to potential food inflation.

As such, governments should regularly stocktake and register formal and ad-hoc community organisations, and maintain a close and cooperative relationship. In turn, these organisations should not only be urged to provide services, but also to capture and relay data and information back to government aid agencies. This would enable more effective aid provision.

4. Maintain open rice trade

Food trade restriction policies, such as export bans and taxes, have been effective in stabilising domestic markets[53]. However, they have often had the negative effect of destabilising regional and global supply and markets. Export restrictions cause panic, leading to price surges and supply chain breakdowns. A domino effect tends to contribute to price spikes for other products, resulting in overall food price inflation, ultimately hurting all consumers. Furthermore, the Food and Agriculture Organisation (FAO) has found that export restrictions often result in lower incomes for farmers, reduced production, a decline in investment, loss of global market share to competitors, decreased foreign exchange revenues and reputational damage.[54]

In 2020, in response to COVID19 supply chain disruptions, ASEAN released a statement that it would maintain open food markets, to enhance resiliency and sustainability of supply chains an promote food security.[55] It is hoped that in the face of likely rice production decline, ASEAN nations will continue to maintain open food supply chains.

5. Facilitate inter- and intra-regional collaborations and rice research

As Southeast Asian nations enter this period of climatic and food uncertainty, they could promote a culture of effective action-sharing and coordination on efforts to mitigate and adapt to climate uncertainty, so as to collectively benefit.

Aside from lessons on how to deal with El Niño, there is also a need to promote greater knowledge and technology exchange from research and development in drought, saline and heat resistant rice varieties. For example, China has developed a perennial rice crop variety that is now being trialled in Southeast Asia.[56] Perennial rice can produce consistent yields for eight harvests, and results in reduced waste, inputs and methane emissions, and labour savings.[57]  More platforms for partnerships and action are needed to encourage collective collaboration between plant breeders, researchers, biologists, agronomists, and farmers.[58]

In the past, El Nino resulted in persistent economic impacts, with one study calculating losses globally of US$4.1 trillion and US$5.7 trillion in 1982-83 and 1997-98, respectively.[59] The present El Niño has just begun, and there is still time to put in place plans for the next year and the following years to allay the worst impacts. It is also timely to improve coordination across the many ASEAN mechanisms regarding agriculture, food, and fisheries towards more resilience to this climate phenomenon. Our region’s food security and social stability depend on it.

ENDNOTES

For endnotes, please refer to the original pdf document.


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2023/52 “Malaysia’s 2023 State Elections (Part 1): Projections and Scenarios” by Ong Kian Ming

 

Prime Minister Anwar Ibrahim at the ‘Mega Madani Tour’ in Bangi on 8 July 2023 in part to launch the Pakatan Harapan – Barisan Nasional election machinery ahead of the upcoming state election in Selangor. Photo: Anwar Ibrahim/Facebook.

EXECUTIVE SUMMARY

  • Public expectations for the upcoming state elections in Malaysia, expected to take place in August 2023, are that Perikatan Nasional (PN) will likely win control of the Kedah, Kelantan and Terengganu state legislatures while Pakatan Harapan (PH) and Barisan Nasional (BN) will likely secure the Penang, Selangor, and Negeri Sembilan state legislatures.
  • Using the results from the 15th General Election (GE15), it would appear that PN will win 32 out of 36 state seats in Kedah and almost all the seats in Kelantan and Terengganu. Meanwhile, PH and BN will be able to secure 32 out of 40 seats in Penang, 42 out of 56 seats in Selangor, and 33 out of 36 state seats in Negeri Sembilan.
  • The number of seats won by PH, BN, and PN, are calculated using 3 scenarios of “low”, “neutral”, and “high” vote “transfers” between PH and BN. Even under the “low” scenario of a relatively low vote transfer rate of 30% from BN to PH, the combined electoral strength of PH and BN is sufficient to retain Penang, Selangor, and Negeri Sembilan relatively easily. At the same time, even with a relatively high vote transfer rate of 70% from BN to PH, the electoral gains for PH and BN in Kedah, Kelantan and Terengganu, will remain limited, based on the GE15 election results.
  • There are more marginal seats in Penang, Selangor, and Negeri Sembilan for PH, BN, and PN under all three scenarios compared to Kedah, Kelantan, and Terengganu. The focus of the campaigns will likely be in these marginal seats, mostly in Malay majority areas in the three PH-governed states.
  • The potential upside for PH-BN is higher in Penang, Selangor and Negeri Sembilan, especially if a high vote transfer between PH and BN supporters takes place.

* Ong Kian Ming is Visiting Senior Fellow at ISEAS – Yusof Ishak Institute. He was a former Member of Parliament representing the DAP and former Deputy Minister of International Trade & Industry (MITI).

ISEAS Perspective 2023/52, 10 July 2023

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INTRODUCTION

One of the most important questions facing the ruling Unity Government (UG) in Malaysia is the extent to which supporters of Pakatan Harapan (PH) and Barisan Nasional (BN) will likely “transfer” their votes to their former political rivals in the upcoming state elections in the six states which chose not to dissolve their state assemblies in 2022 when the federal elections were held. Three of the governments in these states – Kedah, Kelantan, and Terengganu – are held by Perikatan Nasional (PN), while the remaining three – Penang, Selangor, and Negeri Sembilan – are held by Pakatan Harapan (PH).

While the overall results of these state elections are not likely to affect the stability of the federal government, the performance of PH and BN will still be important both politically and economically. Politically, the results will influence the thinking within UMNO of the strategic advantages of working with PH in future elections. It will also affect the overall confidence of UMNO leaders and grassroots members in the UMNO president and Deputy Prime Minister, Zahid Hamidi. For PH, the important question of whether it can increase its share of Malay support by working with a Zahid-led UMNO will be answered in these state elections. From an economic perspective, a positive result for the UG will give it more space to introduce more substantive economic reforms post-elections, including the rationalisation of various general subsidies towards more targeted programmes.

This article is divided into two parts, which are to be published separately. Part One uses the results of the 15th General Election (GE15) held in 2022 to project the possible outcomes in the upcoming state elections, through the use of various scenarios. These projections can then be compared against different electoral baselines to show what would constitute successful results for PH, BN, and PN.

Part Two (to be published soon) focuses on the likely campaign issues and strategies used by the three major coalitions. The fact that this will be the first time that more than one state will be holding state elections at the same time will add to the unpredictability and importance of the campaign itself. Some thoughts of the implication of the results on political developments in Malaysia are presented in the conclusion.

OVERVIEW OF GE15 RESULTS IN THE SIX STATES

Based on the results of GE15, the expectation among political observers in Malaysia is that PN is likely to retain Kedah, Kelantan, and Terengganu while PH, together with UMNO, will retain Penang, Selangor and Negeri Sembilan.

The rationale behind this expectation can be gleaned from the electoral outcomes for GE15 in these six states (Table 1 below).

Table 1: Overview of GE15 results for and ethnic composition of the six states

StatePH%PN%BN%PH SeatsPN SeatsBN SeatsMalay%Chinese%Indian%
Kedah21.8%54.3%20.6%114077.7%14.5%6.8%
Kelantan8.7%62.9%26.5%014095.0%3.4%0.5%
Terengganu5.4%61.8%31.4%08096.7%2.9%0.2%
Penang59.4%23.7%15.0%103039.4%49.3%10.9%
Selangor52.4%27.3%17.3%175053.9%31.4%13.8%
Negeri Sembilan44.4%21.7%31.9%  3  0  557.6%26.4%14.8%

Source: Election Commission, Own Analysis

PN dominated the elections in Kedah, Kelantan, and Terengganu in GE15 by winning 14/15, 14/14 and 8/8 seats and 54.3%, 62.9%, and 61.8% of votes, respectively.

Similarly, PH was dominant in non-Malay majority Penang, winning 59.4% of votes and 10 out of 13 parliamentary seats.

PH and BN’s combined vote share of 69.3% and 76.3% in Selangor and Negeri Sembilan respectively with PH winning 17/22 parliament seats in Selangor and PH + BN winning 8/8 parliament seats in Negeri Sembilan should also result in both states being won by PH+ BN in the upcoming state elections.

METHODOLOGY FOR PROJECTING 2023 STATE ELECTION RESULTS

However, the narratives surrounding the upcoming state elections are not just solely focused on which coalition(s) will win control of which state assemblies. In this study, attention will also be paid to the number of seats and percentage of votes won by each coalition. The detailed results will in turn provide fodder for the political class to discuss the advantages of PH and BN working together to “pool” the votes of their supporters on the one hand, and the possible further momentum gain by the PN among the Malay voters on the other.

Projecting the results of the upcoming state elections using the GE15 results as the baseline and then assuming different scenarios with regards to the extent of vote “pooling” between PH and BN will provide possible floors and ceilings of electoral benefits stemming from PH and BN working together.

Calculating the outcomes at the state seat level based on the GE15 results at the parliamentary seat level is quite straightforward. The detailed polling stream or “saluran” results tabulated in each of the classrooms where voters cast their vote is available from the Election Commission (EC).[1] These results for GE15 were obtained for all the parliament seats, except where election petitions have been filed to contest the results leading to the EC withholding the data pending the outcome of these petitions. GE15 results are therefore available for all 15 parliament seats in Kedah, 13 out of 14 parliament seats in Kelantan,[2] 5 out of 8 parliament seats in Terengganu,[3] all 13 parliament seats in Penang, all 22 parliament seats in Selangor and all 8 parliament seats in Negeri Sembilan. The results for the polling streams under the state seats in each of the six states are calculated and the party which won the largest number of votes identified.[4] The results are tabulated in Table 2 below.

Table 2: State seats won by PH, PN, and BN in the six states using GE15 results

StatePHPNBNTotal
Kedah4 (2)32 (5)036
Kelantan042 (1)042[5]
Terengganu0191[6]20[7]
Penang31 (5)8 (6)1 (1)40
Selangor40 (18)14 (9)2 (2)56
Negeri Sembilan17 (5)3 (3)16 (12)36

Notes: The numbers in parentheses (X) are the number of seats which were won with less than 50% of the popular vote.

Source: Election Commission, Own Analysis

The results shown in Table 2 above confirms the figures in Table 1. PN should score resounding victories by winning 27 out of 36 seats (or 75%) in Kedah by more than 50% of votes and winning almost all seats in Kelantan and Terengganu with more than 50% of votes. PH+BN should be able to secure a comfortable victory in Penang by winning 32 out of 40 seats including 26 with more than 50% of the vote. PH+BN is expected to emerge victorious in Selangor and Negeri Sembilan by winning 22 out of 56 seats in Selangor with more than 50% of the vote (with another 20 seats with less than 50% of the vote), and 16 out of 36 seats in Negeri Sembilan with more than 50% of the vote (with another 17 seats with less than 50% of the vote). This is probably why PN sees Selangor and to a lesser extent Negeri Sembilan as states where they can make some headway. But if the support for PH+BN shifts even a little in favour of the Unity Government, PN may end up with only a handful of seats in these two states. The nuances in each of the states are discussed below.

 In Kedah, even though PH (21.8%) and BN (20.6%) of the popular vote, the concentration of the support for PH was mostly in the urban areas which allowed it to “win”[8] the most votes in 4 state seats, 2 of which were won with less than 50% of the popular vote. BN’s support was more dispersed among the non-urban seats which meant that it did not win the largest number of votes in any of the 36 state seats in Kedah.

In Kelantan, PN won 41 seats with available data with more than 50% of the popular vote with the only exception being the N9 Kota Lama seat in the heart of the capital city, Kota Bahru, which has almost 1/3 of its voters being non-Malay. It is also likely that the BN would have won the largest number of votes in at least one out of the three state seats in P32 Gua Musang which was won by PAS at the parliamentary level in GE15 with a razor thin margin of 163 votes.

In Terengganu, PN won 19 of the 20 seats with available data with more than 50% of the popular vote. The remaining seat, N21 Telemung, was won by the BN with 50.5% of the popular vote.[9] It is likely that the polling stream results would have shown PN winning the other 12 state seats in P36 Kuala Terengganu, P37 Marang and P40 Kemamam, given that PN won these parliament seats with 64.8%, 66.5% and 57.5% of the popular vote respectively.

In Penang, PH won 31 out of 40 state seats (5 with less than 50% of the popular vote) while PN won 8 (with 6 with less than 50% of the popular vote), and BN taking only one state seat, with less than 50% of the popular vote.

In Selangor, PH won 40 out of 56 total seats. However, 18 of these seats or 45% of the 40 seats were won with less than 50% of the popular vote. It is probably this calculation which gives PN some confidence that it may be able to win control over the Selangor state assembly in the coming election.

In Negeri Sembilan, PH won 17 seats (5 with less than 50% of the popular vote) while BN won 16 seats (12 with less than 50%). With the PN only having won 3 state seats (all of which with less than 50% of the popular vote), the BN will have to win all of PH’s and BN’s marginal seats for it to take control of Negeri Sembilan, a highly possible achievement, especially given that UMNO managed to preserve its political strength in Negeri Sembilan in GE15 where it won 5 out of 8 parliament seats in the state.

The results in Table 2 above does not take into account what will happen if PH and BN are to avoid three-corner fights in the upcoming state elections. If PH and BN achieve a successful seat negotiation outcome and instead “pool” their resources and voters in a joint campaign, both coalitions can expect better support compared to the GE15 results, especially for candidates from UMNO. A reasonable assumption is that PH voters are much more likely to “transfer” their vote from PH to BN in seats where PH makes way for the BN candidate to face a PN candidate. A projection of between 80% to 100% of vote transferability from PH to BN is used in this article. At the same time, it is reasonable to assume that BN voters, especially those from UMNO, will be more wary of PH candidates, especially those representing the DAP. UMNO supporters may be less likely to support a PH candidate over a PN candidate compared to the likelihood of PH supporters voting for an UMNO candidate.[10] A projection of between 30% and 70% of vote transferability from BN to PH is used in this article.

Table 3: Three Scenarios of Vote “Pooling” or “Transferability” between PH and BN[11]

Table 3 above uses three scenarios to project the state election results. Scenario 1 represents a “low” outcome for PH and BN with a low transfer rate of 30% from BN to PH and a relatively low transfer rate of 80% from PH to BN. Scenario 2 represents a “neutral” outcome with a transfer rate of 50% from BN to PH and a 90% transfer rate from PH to BN. Scenario 3 represents a “high” outcome for PH and BN with a 70% transfer rate from BN to PH and a 100% transfer rate from PH to BN. The vote transfer from PH to BN is used in all the state seats won by BN or where BN came second place to PN. The vote transfer from BN to PH is used in all the state seats won by PH or where PH came second place to PN.

How will the projected results in each of the states change under these three Scenarios? The results are summarized in Table 4 below.

Table 4: Projection of state election results under Scenario 1, Scenario 2 and Scenario 3 (using GE15 results as the baseline)

Numbers in parentheses (X) indicate the seats which are projected to be won by the respective coalitions with less than 55% of the popular vote, which is the threshold used to define marginal seats in a contest featuring two parties.

For Kedah, the vote pooling effects has little impact on the projected outcomes calculated in Table 2. Only one extra seat is won by PH[12] under Scenario 3. This is because the PH vote transfers to BN / UMNO are not sufficient to overcome the advantage achieved by PN in GE15. The attention of PH and BN will likely be on the eight marginal PN seats under Scenario 3 during the state elections.[13]

In Kelantan, the vote polling effects also have little impact on the projected outcomes. Only under Scenario 3 is PH able to win one state seat (N9 Kota Lama) with the help of sufficient vote transfers from BN / UMNO. The number of marginal PN seats is just limited to one even under Scenario 3.[14]

In Terengganu, the status quo of PN dominance remains, even under Scenario 3. Only one PN state seat appears marginal under Scenario 3.[15]

In Penang, under Scenario 1, where more BN votes are transferred to PN than to PH, PN is able to pick up 4 additional state seats (from 8 to 12). BN, meanwhile, is able to pick up one additional state seat (from 1 to 2) while PH is the most negatively impacted, losing 5 state seats in total (from 31 to 26). Under Scenario 2, PH is able to maintain 31 state seats with BN gaining 2 (from 1 to 3) and PN losing 2 (from 8 to 6). Under Scenario 3, PH is able to gain an additional 2 seats (from 31 to 33), with BN winning 3 while PN loses 4 seats (from 8 to 4). The competition in Penang will be in the Malay majority state seats located under the P41 Kepala Batas, P42 Tasek Gelugor, P44 Permatang Pauh, P47 Nibong Tebal, and P53 Balik Pulau parliamentary seats. PH and BN are able to benefit more or less equally from a high transfer of votes under Scenario 3.

In Selangor, it is interesting to note that even under Scenario 1, with a low transfer of votes from BN to PH, PN actually loses one nett seat (from 14 to 13). This is because the relatively high transfer rate of votes from PH to BN helps the latter win an extra 4 seats (from 2 to 6). PH loses nett 3 seats. Under Scenario 3, with a relatively high transfer of votes from BN to PH, the latter is able to increase its number of seats by 2 (from 40 to 43) with BN picking up 5 extra seats (from 2 to 7) and PN losing 8 seats (from 14 to 6). In Selangor, BN is able to benefit more from PH’s support in Malay majority areas where BN still maintains some baseline strength, such as the northern and more rural parts of the state (areas under the parliament seats of P92 Sabak Bernam, P93 Sungai Besar and P95 Tanjong Karang). These projections show that unless PN is able to manufacture a significant swing in the Malay support away from PH and BN in the state, it faces an uphill task to capture control of the state, despite recent assertations by former UMNO state chief, Noh Omar.[16]

Finally, in Negeri Sembilan, under Scenario 1, PN is only able to increase its number of seats by 2 (from 3 to 5) at PH’s expense (from 17 to 15). Under Scenario 3, PN faces the prospect of being left with no seat won.

CONCLUSION

To conclude Part One, unless there are big swings in favour of either PH-BN or PN among Malay voters (perhaps more likely) or non-Malay voters (much less likely), the anticipated outcome of three states remaining in the PN column (Kedah, Kelantan and Terengganu) and three in the PH-BN column (Penang, Selangor and Negeri Sembilan) will be the most likely. The upside for PH-BN is higher because of the potential of higher vote transferability from PH to BN in Penang, Selangor, and Negeri Sembilan and from BN to PH in the same states (but with a lower probability).

Part Two of this article (to be published soon) will discuss the likely campaign strategies and the possible political impact arising from different electoral outcomes.

ENDNOTES

For endnotes, please refer to the original pdf document.


ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /support/get-involved-with-iseas/ISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
Editorial Advisor: Tan Chin Tiong  
Editorial Committee: Terence Chong, Cassey Lee, Norshahril Saat, and Hoang Thi Ha  
Managing Editor: Ooi Kee Beng   Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).

 

2023/51 “What Has China’s Lawfare Achieved in the South China Sea?” by Christian Schultheiss

 

China’s strategy in the South China Sea aims to enforce its invalidated claims, whereas recent legal actions by Southeast Asian claimant states seek to clarify claims and incentivise dispute settlement based on the United Nations Convention on the Law of the Sea (UNCLOS). This photo taken on 23 April 2023 shows the Philippine coast guard vessel BRP Malapascua (R) manoeuvering as a Chinese coast guard ship cuts its path at Second Thomas Shoal in the Spratly Islands in the disputed South China Sea. Photo: Ted ALJIBE AFP.

EXECUTIVE SUMMARY

  • Analyses of the South China Sea (SCS) disputes often use the term “lawfare” to describe the greatly diverging activities of China, the Philippines, Malaysia, Vietnam, and the US, obscuring the normative differences between these states’ policies.
  • China’s lawfare strategy in the SCS aims to enforce its invalidated claims, whereas recent legal actions by Southeast Asian claimant states seek to clarify claims and incentivise dispute settlement based on the United Nations Convention on the Law of the Sea (UNCLOS).
  • Rather than promoting a comprehensive re-writing of the law of the sea, China tries to advance historically based particularistic claims. After many decades of disputes in the SCS, no alternative Chinese vision for the law of the sea beyond its particularistic claims has emerged.
  • Traditional legal processes, especially the 2016 South China Sea arbitration ruling, helped provide clarification of the applicable law, thereby debunking any legal cover for the enforcement of China’s claims in the SCS.
  • Explicit international support for China’s maritime claims in the SCS beyond the applicable zones as specified by UNCLOS is waning while explicit support for various substantive findings of the arbitration ruling is increasing.
  • China has effectively changed the status quo through reclamation and building of outposts on some features in the SCS, but it has not succeeded in creating the presumption that Chinese enforcement of its invalidated claims is anywhere near legality.

*Guest writer, Christian Schultheiss, is Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law, research group European Security Revisited (ENSURE).

ISEAS Perspective 2023/51, 10 July 2023

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INTRODUCTION

‘Lawfare’ is a popular term to generally describe different legal strategies of states to defend and promote their maritime rights and interests in the South China Sea (SCS). Dunlap originally defined ‘lawfare’ as “the strategy of using – or misusing – law as a substitute for traditional military means to achieve an operational objective.”[1] This definition notwithstanding, the literature has not produced a consensus on what types of activities qualify as lawfare and whether lawfare refers to a normatively negative, neutral or recommended practice.[2] In analyses of the SCS disputes, many types of activities have been labelled as ‘lawfare’, including China’s activities[3] and legal arguments to assert its maritime claims, the Philippines’ initiation of arbitral proceedings against China, Malaysia and Vietnam’s joint submission for an extended continental shelf, and US freedom of navigation operations (FONOPs). Such a liberal use of the term obscures the normative difference in the policies and practices of these countries, so much so that some legal experts have lamented that scholarship has “lost control of the concept of lawfare”,[4] and this applies to the SCS. This Perspective examines how China’s lawfare in the SCS is different from the legal actions undertaken by other countries, especially Southeast Asian claimant states. It also assesses the extent to which China’s lawfare has contributed to the realisation of its objectives in the SCS.

CHINA’S LAWFARE IN THE SOUTH CHINA SEA

China’s excessive, yet ambiguous, claims in the SCS are illustrative of China’s instrumental use of legal language. China has adjusted the legal justification for its maritime claims even after the award of the South China Sea arbitration of 12 July 2016 invalidated the claims to maritime zones beyond the normal zones under UNCLOS. In a statement of 12 July 2016, China insisted on territorial claims to features, including the Paracel, Spratly and Pratas Islands and the Macclesfield Bank, and claims to a territorial sea, exclusive economic zone (EEZ), continental shelf (CS) and historic rights inside the Nine-dash line.[5]. In Notes Verbales to the Secretary-General of the UN of 2020 and 2021, China has then added a reference to “general international law” and “outlying archipelagos”.[6] Its Note Verbale dated 16 August 2021 says that “the regime of continental States’ outlying archipelagos is not regulated by UNCLOS, and the rules of general international law should continue to be applied in this field.” China now defends the alleged existence of “rights established in the long course of history” with reference to “general international law”. China’s argument relies on a provision in the Preamble of UNCLOS which states that “matters not regulated by this Convention continue to be governed by the rules and principles of general international law”.[7] In its Notes Verbales dated 29 July 2020, 18 September 2020, 28 January 2021 and 16 August 2021, China insists that “general international law” is the legal basis for drawing “territorial sea baselines” around China’s claimed features, including submerged reefs, in the SCS.[8] China’s reference to this provision ostensibly invokes an alternative legal basis for its claims.

Yet, the matters regarding the extent of maritime rights and baselines are comprehensively regulated by UNCLOS. Based on UNCLOS, the 2016 arbitral tribunal has clarified the types and the maximum extent of maritime zones that China can claim.[9] The tribunal discussed in detail the differences between an “island” that generates entitlement to an EEZ and CS, and a “rock” that generates entitlement to only a territorial sea.[10] UNCLOS also regulates the question of baselines, i.e., the “normal baseline” is the “low-water line along the coast” (Art. 5); “straight baselines” can be used where the “coastline is deeply intended and cut into, or if there is a fringe of islands along the coast in its immediate vicinity” (Art. 7 (1)); and only archipelagic states “may draw straight archipelagic baselines” subject to further provisions (Art. 47). China’s insistence on “territorial sea baselines” around “islands and reefs” based on a “long established practice” and “general international law”[11] is a slightly reframed version of positions that the South China Sea arbitral tribunal has already rejected. The arbitral tribunal did not accept the view that China can enclose the Spratlys within archipelagic or straight baselines – neither under UNCLOS nor under customary international law.[12] Several states, including the Philippines, Indonesia, Malaysia, Vietnam, the US, Australia, France, Germany, the United Kingdom, Japan, and New Zealand, have therefore expressed their opposition to China’s insistence on invalidated claims, and stated their support for various aspects of the tribunal’s ruling.[13]

In China’s view, its Southeast Asian neighbours must make room for China’s historically based claims to maritime zones even after the arbitration ruling decided that these claims are inconsistent with UNCLOS and customary law of the sea. Some scholars see this assertion as an attempt to promote an alternative vision for the law of the sea.[14] However, this vision has arguably remained a quest for enforcing particularistic claims rather than promoting a comprehensive re-writing of the law of the sea. After decades of disputes in the SCS, no alternative Chinese vision for the law of the sea beyond its particularistic claims has emerged. In China’s reference to “rights formed in the long course of history”, there is no indication that China believes that other states can claim historic rights too. China’s use of legal language in defence of these claims does not engage in a quest for a universally accepted interpretation of the rule of law at sea. The scope of these particularistic claims, though, is such that they would upend fundamental balances underlying UNCLOS, especially the fact that no state is allowed to claim maritime rights beyond the normal limits or the balance between exclusive rights of coastal states and navigational rights of user states. Even though Chinese sources and documents repeatedly affirm China’s compliance with UNCLOS,[15] China’s claims are so excessive that they would multiply the normal entitlements provided for under UNCLOS.

What makes China’s lawfare activities distinctive from those of other states in the legal domain of the SCS?

First, the instrumental use of law is not peculiar to China’s activities. US FONOPs in the SCS have been called ‘lawfare’ based on the argument that these operations merely “instrumentalise law for furthering parochial political interests, including military objectives”.[16] According to this argument, FONOPs “ostensibly [serve] to further the rule of law over the rule of force” while in reality serving political and strategic interests. Granted, the idea of instrumentalising law is regularly evoked as a characteristic element of lawfare.[17] However, this view, which considers a certain practice as lawfare merely because it uses law as an instrument, sets the threshold for lawfare too low. An instrumental use of law – such as US FONOPs, which are allowed under UNCLOS (Art. 87 and Art. 90) – is neither inconsistent per se with an interest of acting within a legal order nor is it necessarily reproachable.

The Philippines’ decision to launch arbitral proceedings against China – supposedly an instance of the Philippine lawfare strategy – is another case in point. This type of lawfare reflects “the recognition…of the (actual or potential) utility of international law in shaping, constraining, and altering the behaviour of states”.[18] According to this argument, the Philippines’ initiation of arbitration deserves the label ‘lawfare’ because it served the Philippines strategically as the option of last resort. Yet, the Philippines’ recourse to arbitration under Annex VII of UNCLOS is entirely permissible and a right provided for under UNCLOS. According to the UN General Assembly’s Manila Declaration, “[r]ecourse to judicial settlement of legal disputes, particularly referral to the International Court of Justice, should not be considered an unfriendly act between States.”[19] It is therefore questionable whether the term ‘lawfare’ should be used for legitimate legal actions such as arbitral proceedings. The joint submission of Malaysia and Vietnam for an extended continental shelf to the Commission for the Limits of the Continental Shelf (CLCS) has also been characterised as lawfare.[20] The joint submission, however, is a normatively recommended practice which is within the exercise of the rights and obligations of coastal states under Art. 76(8) of UNCLOS. It is part of the legal processes that can indeed incentivise the settlement of disputes, since these legal processes are used to communicate claims, to clarify their legal basis, and to establish law as a framework for negotiations and interactions.[21]

China’s activities in the legal domain starkly contrast with those of the Philippines or Malaysia and Vietnam both factually and normatively. The former is a type of lawfare that obscures claims and insists on invalidated claims whereas the latter tries to clarify claims and incentivise dispute settlement based on UNCLOS provisions.

WHAT HAS CHINA’S LAWFARE ACHIEVED IN THE SOUTH CHINA SEA?

A key objective of China’s lawfare in the SCS is to provide a rhetorical cover for its changes of the factual status quo.[22] However, the fact that China has effectively changed the status quo, for instance by building outposts on islands or increasing the frequency and reach of coast guard patrols, does not mean that China has succeeded in creating the presumption that the enforcement of its invalidated claims is anywhere near legal. This is especially the case where such changes of status quo contradict the 2016 arbitration ruling.

Assuming that China’s lawfare combines deliberate ambiguity surrounding its excessive claims and the enforcement of particularistic claims in the SCS,[23] it is still not clear what China’s lawfare has achieved in the legal domain in the last decade. It is often pointed out that the ambiguity of China’s claims, including its historic rights, is a deliberate policy choice that offers Beijing a degree of flexibility and room for manoeuvre.[24] Ambiguity about legal claims, the nature of disputes and the actors involved in disputes are certainly characteristic elements of grey zone challenges.[25] In this regard, ambiguity has been part of the attempt to maintain doubt about the excessiveness of China’s claim. This doubt, in turn, has served as a rhetorical cover for unilateral advancements of claims. While the exact scope and purpose of the ambiguity in China’s maritime claims may be debatable,[26] the arbitration ruling has put an end to the ambiguity about claims.[27] The ruling confirmed the Philippines’ point of view that China can only claim the normal entitlements under UNCLOS, which all other countries can also do.[28] The ruling established the types and the maximum extent of maritime zones that China can claim.[29] It thereby clarified that (i) if “historic rights” had existed, these “were superseded… by the limits of the maritime zones provided for by the Convention”;[30] (ii) no feature in the Spratly Islands or Scarborough Shoal can generate a claim to an EEZ or CS; and (iii) neither UNCLOS nor customary international law permits China to draw straight or archipelagic baselines around the Spratly Islands.[31] In other words, whatever the impression of plausibility regarding China’s maritime claims beyond the normal claims that may have resulted from China’s lawfare in the past, the arbitration ruling has put it to rest.

Importantly, this point is reflected in the growing international support for the arbitration ruling. Pre-ruling, 31 states objected to the arbitral tribunal’s jurisdiction or otherwise considered it to be illegitimate.[32] Yet, only six states have expressed opposition since the tribunal issued its award in 2016.[33] Crucially, there is a growing number of states officially backing substantive elements of the award in their respective Notes Verbales to the UN or in their public statements. These include the Philippines, Vietnam, Indonesia, the US, Australia, Malaysia, France, Germany, the UK, Japan, New Zealand and India.[34] As of today, only China objected to the tribunal’s jurisdiction and award in its Notes Verbales to the UN.[35]

These reactions from states around the world demonstrate that there is no general, established practice accepted as law that would allow China to claim historic rights and draw straight baselines around different groups of features in the SCS as its lawfare has tried to argue. On this issue of the law of the sea where China’s claims are in dispute with its neighbours and other maritime nations, China is no closer to promoting an alternative vision for the law of the sea than a decade ago. Not even the states that China mentions as objecting to the arbitration ruling argue that states can generally claim historic rights under international law. Moreover, while China and several other states defend a restrictive view on the scope of navigational freedoms of warships and innocent passage, there is no sign of coalition-building among these states.

The analysis does not imply, though, that China has not made lasting achievements in asserting its presence and control in the SCS. Land reclamation and the building of outposts have allowed China to increase the frequency and geographic reach of its naval and coast guard patrols in distant parts of the SCS. But this improvement in de facto reach of state power cannot be attributed to any conception of lawfare. Quite the opposite. The progress China has made on the ground is commensurate with the gap between China’s leadership aspirations and the distrust Southeast Asian elites have towards China. In the 2023 State of Southeast Asia Survey by the ISEAS – Yusof Ishak Institute, regional trust in China to maintain rules-based order and uphold international law was very low, at 5.3%, well behind the US (27.1%), the EU (23%), ASEAN (21%) and Japan (8.6%).[36]

That said, the response of members of the Association of Southeast Asian Nations (ASEAN) to China’s behaviour in the SCS remains ineffective. ASEAN-related fora are “strategically incompatible” to cope with the disputes.[37] Even Southeast Asian claimant states remain a fragmented mix. They do not share a strong consensus on precise and meaningful provisions for a code of conduct.[38] They lack a cohesive position on how envisioned regional ocean governance should be in line with the arbitration ruling. However, even where Southeast Asian responses to China’s activities remain underperforming, this cannot be attributed to China’s lawfare but to existing differences and disputes among Southeast Asian states as well as their cognition of the vast power asymmetry with China.

Despite years of lawfare in the SCS, China has not made gains in the legal domain. Traditional legal approaches to clarify the law, especially arbitration, have pulled away any legal cover that China’s lawfare in the SCS may have provided. What is left of China’s lawfare is the attempt to push through particularistic claims in contravention of the law of the sea as the arbitral tribunal and many states in the international community conceive it.

CONCLUSION

As the law of the sea is relatively well codified, at least in comparison to other international legal regimes, strategic interactions in the SCS take place “in the shadow” of the law of the sea. Analyses of the SCS disputes often use the term ‘lawfare’ to capture state choices surrounding the formulation of claims, the use of legal processes or naval operations that are subject to both legal and strategic considerations. Being used as a catch-all phrase for interactions between law and strategy in the SCS, this term obscures rather than reveals how the use of certain legal activities and processes is motivated by strategic considerations or how it can further them.

While China’s activities in the legal domain can be dubbed a lawfare strategy, China has not achieved much in the legal domain. To the contrary, traditional legal processes such as arbitration have resulted in a clarification of the applicable law, which pulled away any legal cover for changes of the status quo that lawfare may have provided. This is a lasting achievement of the South China Sea arbitration ruling. A good way to counter lawfare is the use of traditional legal processes. The fact that the ruling has witnessed increasing international support in the last few years lends credence to the idea that China’s lawfare in the SCS has been ineffective. Southeast Asian claimant states should build upon the momentum of the ruling by negotiating instruments of ocean governance in the SCS, i.e., fisheries management, marine protected areas and improved maritime law enforcement cooperation, that are consistent with and build upon the ruling. Consolidating the ruling in this way is certainly one avenue for countering China’s activities in the SCS.

ENDNOTES

For endnotes, please refer to the original pdf document.


ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /support/get-involved-with-iseas/ISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
Editorial Advisor: Tan Chin Tiong  
Editorial Committee: Terence Chong, Cassey Lee, Norshahril Saat, and Hoang Thi Ha  
Managing Editor: Ooi Kee Beng  
Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).

 

2023/50 “Why Perikatan Nasional May Win in Selangor” by Marzuki Mohamad and Khairul Syakirin Zulkifli

 

Perikatan Nasional party members and its leader, Muhyiddin Yassin (centre), at the Selangor PN Election Convention 2023, Ideal Convention Center (IDCC), Shah Alam, on 25 June 2023. Source: Perikatan Nasional, Facebook.

EXECUTIVE SUMMARY

  • A pre-election survey among Malay voters in Selangor found that there is no significant vote transferability between Pakatan Harapan (PH) and Barisan Nasional (BN). This means that BN Malay voters may not necessarily transfer their votes to PH candidates in the state election, and vice versa, despite the two parties forming a coalition government at the federal level.
  • With a Gross Domestic Product (GDP) of RM343.5 billion, Selangor is the highest contributor to Malaysia’s GDP and the epicentre of its economic development. As such, the election in the resource-rich state of Selangor will be very competitive and keenly contested by all parties.
  • The survey also found that there is greater likelihood that BN Malay voters will transfer their votes to Perikatan Nasional (PN) candidates instead, thus giving it the advantage in the election, especially in 39 Malay-majority seats in the state. A party must win at least 29 out of 56 seats in the state assembly to get a simple majority to form the next state government of Selangor.
  • With this latest polling trend, winds of change are blowing in Selangor. Whether or not these winds can sweep PN to an electoral victory in the state depends on how much strength they gather leading up to polling day.
  • The survey used a face-to-face interview method, and was conducted by Institut Masa Depan Malaysia from 1 March to 20 April 2023. It collected 1,200 samples across ethnic groups in 39 Malay-majority state seats in Selangor in order to explore the dynamics of voting behaviour with a special focus on vote transferability among Malay voters. This paper examines its sub-sample of 850 Malay voters.

* Guest writers, Marzuki Mohamad is Associate Professor in the Department of Political Science, Abdul Hamid Abu Sulayman Kulliyyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia. He is also a trustee of Institut Masa Depan Malaysia (Institut MASA), a local think-tank focusing on social, economic, and political research. Khairul Syakirin Zulkifli is Researcher at Institut MASA.  This article is written in both authors’ personal capacity.

ISEAS Perspective 2023/50, 5 July 2023

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INTRODUCTION

One plus one in politics may not necessarily be equal to two. It could instead be one-and-a-half, or one, or even zero. This unwritten rule in politics applies to political coalitions too. It may not be accurate to assume that the formation of a coalition, especially among rivalled and ideologically incompatible political parties, will benefit those parties in an election. Instead, each party runs the risk of losing their core supporters should there be no vote transferability between them.

By vote transferability we mean that supporters of party A, which forms a coalition with party B, will transfer their votes to party B in an election, and vice versa. If there is full vote transferability, both parties will enjoy net gain in an election. But if there is no vote transferability, there is not much that the parties gain from the collaboration. Or worse, both parties may lose out should their supporters disagree with the coalition and transfer their votes to party C instead.

Political developments in Malaysia after the 15th general election witnessed the formation of a political coalition comprising rivalled and ideologically incompatible political parties to form a federal Unity Government led by former jailed Opposition Leader and Pakatan Harapan (PH) Chairman Anwar Ibrahim. The post-election arrangement between the leaders of two rival coalitions, PH and Barisan Nasional (BN), has paved the way for the appointment of Anwar as the Prime Minister and BN Chairman, Zahid Hamidi, as the Deputy Prime Minister.[1]

While party elites try to accommodate each other for the sake of forming the government and maintaining stability, the same cannot be said for party grassroots. Within UMNO, the leading component of BN, grouses have been simmering among the conservative Malay party grassroots who questioned the party’s ‘unholy alliance’ with its archrival secular Democratic Action Party (DAP), a leading component of PH, which UMNO has long been accusing of being an anti-Malay party.[2]

As PH and BN will participate in the upcoming state elections as coalition partners, the issue of vote transferability between the two parties has become a vital consideration. Will BN Malay voters transfer their votes to PH candidates, in the event of a straight fight between PH and PN in their constituencies? Or will there be a vote swing to PN candidates instead?

Seeking answers to these questions, we conducted a survey of eligible voters in the crown jewel state of Selangor, with special focus on Malay voters. Selangor is foreseen to be the main battleground in Malaysia’s 2023 state elections. With GDP of RM343.5 billion in 2021, Selangor is the largest state economy in Malaysia, and has been under PH’s rule (formerly Pakatan Rakyat) since 2008.

THE SURVEY’S METHODOLOGY

This survey began on 1 March 2023 and ended on 20 April 2023, and all in all, 1,200 samples were collected.[3] Voters’ demographic profile, spanning across age, ethnicity and gender, is based on the most recent fourth quarter Election Commission electoral roll data. Malays made up 54% of Selangor’s population, Chinese 32%, Indian 13%, and other races 1%. As the focus of this study is to explore the dynamics of Malay voters’ party choices, the ethnic composition for this study was re-adjusted to 69% Malays, 18% Chinese, 12% Indian, and 1% other ethnicities, which approximately reflects voter demography in 39 Malay-majority state constituencies.

The samples collected throughout the selected constituencies stood at 24% rural, 35% urban and 41% semi-urban areas. We also managed to reach out to respondents in the age groups that relatively reflect current voter configurations, i.e., 18-20 years old 8%, 21-35 years old 46%, 36-50 years old 15%, and above 51 years old 31%. We applied the face-to-face interview technique as our data collection method.

KEY FINDINGS OF THE SURVEY

To find out the extent of vote transferability among Malay voters, we asked our Malay respondents the party that they voted for in GE15 and the party that they will vote for in the 2023 state election. We found that 23% of them said they voted for BN, 22% for PH, 31% for PN and 24% refused to answer (See Figure 1).

This finding reflects Bridget Welsh’s GE15 estimate of Malay support for political parties in Selangor, i.e. 23% for BN, 24% for PH and 49% for PN.[4] The only difference is that the Malay support for PN shown in our study is lower than Bridget’s estimate. Taking her estimate as a reference point, we believe that many of our respondents who refused to reveal their party of choice in GE15 could be PN voters.

Figure 1: Parties the Malay respondents voted for in GE15.

The survey saw 39% of Malay voters in Selangor who voted for BN in GE15 saying that they will vote for PN in the upcoming state election if there is a straight fight between PN and PH in their constituency. Only 15% said they will vote for PH (See Figure 2).

This means that there is no significant vote transferability between PH and BN Malay voters in Selangor despite the fact that the two coalitions are partners in the Unity Government at the federal level. On the contrary, a significant percentage of BN and PH Malay voters are more inclined to vote for PN candidates, while many of them turned into “unsure voters”.

Figure 2: Among Malays who voted for BN in the November 2022 general election, how will they vote in a PN vs PH contest in the 2023 Selangor state election?

This means about seven out of ten BN Malay voters who have made up their minds on party choices clearly indicated that they will vote for PN, instead of PH. The survey also found that a whopping 46% of BN Malay voters have fallen into the “unsure voters” category, which indicates BN’s shaky support base at present.

Determining the voting preferences of these “unsure” BN Malay voters is a tricky business. However, historical data and past trends may shed some light on its likelihood. It is an unwritten rule of thumb for Malaysian pollsters to allocate to the opposition parties a greater percentage of those in the “unsure voters” category for a few reasons.

First, these voters might have made up their mind on their party of choice but refused to disclose it for fear of retribution, especially if they are supporting an opposition political party. Second, as these voters voted for BN in the last general election, being “unsure” this time round indicates a shift of support away from the party or its allies.

Therefore, based on historical data and past trends, we estimate that at least 60% of these “unsure” voters are more likely to vote for PN, instead of PH. Furthermore, cross-tabulation of data on party choice, perception of party leaders, government approval rating and agreement or disagreement with the formation of the PH-BN coalition government shows that the majority of the unsure BN Malay voters are pro-PN.

With 39% of the BN Malay voters clearly indicating that they would vote for PN and approximately 60% of those in the “unsure voters” category potentially doing the same, we therefore roughly estimate that at least 67% of BN Malay voters in Selangor will vote for PN in the upcoming state election.

A similar trend could also be observed among PH Malay voters. The study found that, in the event of a straight fight between PN and BN, 29% of Malay voters in Selangor who voted for PH in the last general election intend vote for PN, while 24% will vote for BN and as much as 48% have to be classed under “unsure voters” (See Figure 3).

Figure 3: Among Malays who voted for PH in the November 2022 general election, how will they vote in a PN vs BN contest in the 2023 Selangor state election?

While for PN, its support base among Malay voters remains almost solid. In a straight fight between PN and PH, 87% of Malay voters in Selangor who voted for PN in the last general election said they would vote for PN. Only 8% would vote for PH and 5% were unsure. Similarly, in a straight fight between PN and BN, 88% of them said they would vote for PN. Only 3% said they would vote for BN and 9% were unsure (See Figure 4).

Figure 4: Among Malays who voted for PN in the November 2022 general election, how will they vote in a PN vs PH and PN vs BN contest in the 2023 Selangor state election?

Should this trend continue until polling day, PN will gain more from the ‘swing votes’ it will get from BN and PH voters than the small number of votes it will lose out to those two parties. Furthermore, since quite a significant percentage of BN and PH Malay voters have become ‘unsure’ of their voting preferences, they too are potentially vulnerable to PN’s narratives in the upcoming election.

As a measure of party choices, we also looked at how the Malay voters considered the performance of the federal and state government as well as their perception of key political leaders. The survey found that only 44% of Malay voters in Selangor were satisfied with the performance of the federal Unity Government, and 48% were satisfied with the performance of the state government (See Figure 5).

On the Prime Minister’s approval rating, 43% said they were satisfied with the performance of Prime Minister Datuk Seri Anwar Ibrahim, compared to 60% who said they were satisfied with the performance of former 8th Prime Minister, Tan Sri Muhyiddin Yassin, who is also PN Chairman. BN Chairman and Deputy Prime Minister, Datuk Seri Ahmad Zahid Hamidi, received the lowest approval rating; only 17% said they were satisfied with him (See Figure 6).[5]

Figure 5: Satisfaction Towards the Federal and State Government

Figure 6: Perception of National Leaders’ Performance

On the economy, only 42% were satisfied with the way the federal government has managed the country’s economy, with 57% of them saying their personal income was worse than the previous year. Inflation and the cost of living topped the list of problems faced by the voters at 60%, followed by corruption 7%, infrastructure development 6%, economic development and job opportunities 4% each and political instability, racial rights, and welfare 3% each. On these specific issues, only 20% of Malay voters were satisfied with the way the government handled them (See Figure 7).

Figure 7: Perception of Government’s Effort to Solve Issues Raised by the Respondents

While low vote transferability may make it difficult for the PH-BN coalition to retain power in Selangor, the problem is further complicated by the lack of “performance legitimacy” that is much needed by the PH-BN coalition as an incumbent government. As the federal Unity Government has been facing intense criticisms for its lackluster performance in managing the country’s economy and addressing inflation and cost of living, incumbency can be a liability for PH and its ally, the BN.

WHY IS THERE NO FULL PH-BN VOTE TRANSFERABILITY?

The post-election arrangement between PH and BN to form a coalition government at the federal level, followed by similar arrangements at the state levels, was clouded with possible voter rejection from the very beginning. While PH and BN political elites who stand to gain from the coalition seemed to be comfortable with the arrangement, grouses among party supporters had already been detected long before the two former political archrivals sealed their post-election cooperation.

A national survey conducted by the Merdeka Center for Opinion Research prior to GE15 revealed that only 32% of Malay voters agreed to the formation of a coalition between BN and Parti Keadilan Rakyat (PKR), while 60% disagreed with the arrangement and 8% are unsure.[6] The findings were an early sign of non-transferability of votes between PH and BN Malay voters.

Malay voters’ rejection of such a coalition seems to be consistent with the findings of our pre-state election survey in Selangor, which shows that most of the BN Malay voters are persistent in their political choice by indicating that they will not transfer their votes to PH. Perhaps as protest against the formation of the coalition, they may transfer their votes to PN instead.

The outcome of the Padang Serai and Tioman by-elections held immediately after the GE15 was also an indication of low vote transferability between PH and BN. The by-elections were the first attempt by PH and BN to contest in an election as a coalition. The PH candidate lost by 16,260 votes to the PN candidate in the Padang Serai parliamentary constituency, which was previously a PH stronghold. The BN candidate won the Tioman state seat by a slim majority of 573 votes.[7]

We believe that negotiations for post-election cooperation had been ongoing between the leaders of the two parties prior to GE15. The decision not to conclude or announce the cooperation prior to the election was a tactical move to avoid the problem of non-transferability of votes between the two parties.

Should the cooperation be announced before the general election, both parties risked losing the support of their core voters and faced a possible electoral defeat. However, the problem that the leaders of the two parties avoided in the GE15 has now come to the fore and must be dealt with in the upcoming state elections. Given the negative Malay voters’ sentiment toward the PH-BN coalition, especially among BN Malay voters, convincing them to vote for PH is an uphill task.

The BN Malay voters’ negative attitude toward the PH-BN coalition is rooted in the dynamics of ethnic politics in Malaysia. As one of the authors of this article has argued in an earlier ISEAS Perspective, ethnicity remains the key factor in determining voting preferences in Malaysia.[8]

Since independence, UMNO has been the linchpin party of the Alliance and later the BN for six decades. UMNO’s narrative of Malay political supremacy against the threat of Chinese dominance in the economy, and subsequently in politics, has been very appealing to the majority of Malays. The Chinese-based Democratic Action Party (DAP), whose ideology is mainly shaped by the Setapak Declaration 1967, which promotes equality of all citizens and rejects the categorization of Malaysians into Bumiputera and non-Bumiputera groups, has been UMNO’s long-time archrival and bogeyman. 

With strong Malay support for UMNO, BN won every general election and emerged as a dominant party in the past. However, Malay support for UMNO has gradually deteriorated since the 12th general election when it lost its customary two-thirds majority in the Dewan Rakyat followed by its loss of popular votes in the 13th general election, its electoral defeat to PH in the 14th general election and its dismal performance in the 15th general election in winning only 26 seats, the lowest number of parliamentary seats the party has ever won.

The deteriorating Malay support was mainly due to the party’s diminishing “performance legitimacy”. Having been the ruling party for more than five decades, the party was mired in allegations of corruption involving its leaders and failures to address pressing economic problems faced by the people. The 1MDB saga which led to the trial and conviction of former Prime Minister and UMNO President, Datuk Seri Mohd Najib Tun Abdul Razak, on corruption charges, as well as the ongoing corruption trial of the Deputy Prime Minister and UMNO President, Datuk Seri Ahmad Zahid Hamidi, diminished the Malays’ trust in UMNO leadership. To make it worse, internal UMNO politics have since revolved around defending its tainted leaders, which has in turn intensified the negative public perception toward UMNO, created splits among party elites, and weakened the party.

At the same time, the social and economic changes taking place in Malaysia since the 1990s, which marked the end of the New Economic Policy (NEP), eroded UMNO’s role as the sole Malay protector. More and more Malays from villages migrated to urban centers in search of a job, education, and business opportunities, hence uprooting and alienating them from the traditional UMNO’s patronage system.

From the 1990s onwards, the more liberal economic, education and cultural policies adopted by the government as a response to domestic political pressures and the need to compete globally in the age of global capitalism, has gradually reduced Malay dependency on UMNO. The new Malay middle class no longer enjoys the long list of “privileges” and “crutches” provided to the generations before them. They must now pay for their children’s higher education and compete with the non-Malays for government scholarships, entry into public universities is gradually being based on merits rather than race-based quota, and more and more Malays have to face intense competition in the private sector instead of the public sector for better jobs and better pay.

UMNO’s diminishing role in securing economic benefits to the Malays through a wide range of affirmative action policies and addressing their economic plights post-NEP, especially for those in the lower income bracket, has caused the party to gradually lose its performance legitimacy in the eyes of the Malay community. The diehard UMNO supporters who continue to support the party do so solely based on its “race legitimacy”, i.e. psychological and nostalgic reasons relating to a deep appreciation of UMNO’s past struggle for the Malays and the belief that UMNO was the last Malay bastion.[9]

For most UMNO Malays, the feat of non-Malay economic and political superiority is strong and UMNO has been their only hope against such a threat. Therefore, the “NO ANWAR, NO DAP” slogan sat deep in the conservative UMNO Malay psyche in GE15. Anwar represents the non-conservative Malay leader who rejects Malay supremacy as a political ideology, while DAP is UMNO’s long-time political foe whose ideology of racial equality runs counter to UMNO’s core struggle as a Malay party.[10] A recent statement made by former UMNO Secretary-General, Ahmad Maslan, “ordering” the party’s supporters to vote for DAP was internally conflicting and was rejected by several party leaders.[11]

At the very least, the “NO ANWAR, NO DAP” slogan kept the UMNO Malays loyal to the party up to GE15. However, with the party leadership’s decision to form a post-election coalition government with PH, in which its archrival DAP is a dominant coalition member, the conservative UMNO Malays’ trust in the party was crushed. For them, that was like the final nail in UMNO’s coffin. The party’s “race legitimacy”, to which the remaining diehard conservative UMNO Malays still clung, is completely gone.

But these conservative UMNO Malays do not stop there. In the upcoming state elections, they can still make their own choice as voters. Hence, as our survey found, seven out of ten BN Malay voters in Selangor who have made up their minds on party choices, have decided to vote for PN. It seems that PN, led by the pribumi-based BERSATU and the Islamist party PAS, is the natural alternative to BN for the conservative UMNO Malays. PN represents the imagery of Malay and Islamic conservatism that UMNO abandoned by virtue of its cooperation with DAP.

Apart from this, PN’s narrative of good governance, anti-corruption, and care for the people, as shown by the various fiscal and non-fiscal assistance given to the people through the eight economic stimulus packages rolled out during its 17 months in power, captured the imagination of Malay voters and convinced them that PN may be a better alternative to UMNO.

IMPLICATIONS FOR THE SELANGOR STATE ELECTION

This paper does not attempt to predict election results based on a pre-election survey held two months before the state assembly is dissolved. Instead, we believe that the upcoming state election in Selangor will be very competitive, and the actual results will depend on the campaign narratives of all the parties as well as the candidates and on other local factors.

What this survey can tell us is the general trend that can be observed at the time the survey was conducted. And the general trend is, the support base for PN among Malay voters remains solid, and the party may receive potential swing votes mostly from BN Malay voters and some from PH Malay voters. There is no significant vote transferability between PH and BN among the Malay voters in the crown jewel state of Selangor.

There are 56 seats in the Selangor state assembly, of which 39 are Malay-majority seats and 17 are non-Malay majority seats. The simple majority needed to form the state government is 29 seats.

A simple and straightforward simulation of the GE15 results expects the PH-BN coalition to win the state election by more than a two-thirds majority. However, this may only be true if there is full vote transferability between PH and BN voters. Our survey shows this not to be the case.

This survey suggests that there is a greater de-alignment between voters and UMNO which is primarily contributable to the BN Malay voters’ rejection of the PH-BN cooperation, clash of party ideologies and the existence of rival parties that shared identical ethno-religious roots. Furthermore, with the PH-led Unity Government lacking in visible efforts and policies to address the rising cost of living and to ease inflationary pressures, there is no feel-good factor that incentivizes voters to support the coalition in the election.

With this trend in mind and based on the GE15 election data for all the state constituencies in Selangor, we believe that PN is comfortable in at least 15 Malay-majority seats. We also assume that PH is safe in all the 17 non-Malay majority seats.

Which party will form the next state government in Selangor depends on the outcome of the contest in the remaining 24 Malay-majority seats. Should the swing of BN Malay voters towards PN be strong enough to tilt the balance in PN’s favour, PN will have an advantage over PH or BN in the contest for these seats. Thus, these seats will be keenly contested by all political parties.

CONCLUSION

Forming a workable and stable coalition requires not only elite accommodation, but also a certain degree of acceptance at the grassroots level. As this study shows, against the wishes of the BN party elites, its grassroots’ acceptance of the PH-BN coalition is still highly questionable at this moment. If left unchecked, it will destabilize the coalition in the long run.

With this latest polling trend, the winds of change are blowing in Selangor. Whether or not these winds can sweep PN to an electoral victory in the state depends on how much strength they gather leading up to polling day.

ENDNOTES

For endnotes, please refer to the original pdf document.


ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /support/get-involved-with-iseas/ISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.  
© Copyright is held by the author or authors of each article.
Editorial Chairman: Choi Shing Kwok  
Editorial Advisor: Tan Chin Tiong  
Editorial Committee: Terence Chong, Cassey Lee, Norshahril Saat, and Hoang Thi Ha  
Managing Editor: Ooi Kee Beng  
Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng  
Comments are welcome and may be sent to the author(s).

 

2023/49 “Formidable Obstacles Blocking Move Forward Party Leader’s Quest for Thai Premiership” by Termsak Chalermpalanupap

 

Move Forward Party leader and prime ministerial candidate Pita Limjaroenrat giving a press conference at the party headquarter in Bangkok on 15 May 2023. Photo: Jack TAYLOR/AFP.

EXECUTIVE SUMMARY

  • Move Forward party leader Pita Limjaroenrat’s quest for the Thai premiership has hit its first obstacle.
  • The Election Commission is investigating whether he has been in violation of the election law. He has also been accused of unlawfully advertising liquor products on TV.
  • If found guilty of either of these two alleged crimes, he can be disqualified from both the House membership and the premiership.
  • If he survives the disqualification battles, Pita’s qualifications as an MP may still be challenged in the Constitutional Court.
  • And finally, Pita also faces a seemingly insurmountable last obstacle: Not enough support in the Senate for him to gain the premiership.
  • If Pita fails, new options for Pheu Thai, the second largest party, will emerge.

*Termsak Chalermpalanupap is Visiting Fellow and Coordinator of the Thailand Studies Programme, ISEAS -Yusof Ishak Institute.

ISEAS Perspective 2023/49, 22 June 2023

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INTRODUCTION

Move Forward party leader Pita Limjaroenrat’s arduous quest for the Thai premiership has hit its first obstacle. The Election Commission on 9 June decided to set up a team to probe whether he had broken the election law.

The Election Commission’s decision – a unanimous one from all six commissioners – came with a new twist. At first it dismissed all three complaints against Pita for holding shares in a media business; but then, it formed a team to determine whether Pita violated Section 151[1] of the election law, by entering himself in the general election despite knowing that he had in his name 42,000 shares of iTV (a dormant TV station which stopped broadcasting on 8 March 2007, but which has not been dissolved as a media business entity).[2]

In order to stand for election to the House of Representatives, one of the qualifications of every candidate is not to own or to hold shares in a newspaper or any other media business. Penalties for violating this law – which is deemed a crime – include imprisonment ranging from one year to 10 years, a fine ranging from 20,000 baht to 200,000 baht, and worst of all, a suspension of the right to vote for 20 years. The suspension will automatically disqualify the violator from running for or holding the House membership and/or vying for the premiership.

The first of the three complaints against Pita was filed on 10 May, whereas Pita’s candidacy registrations (for both a party-list House seat, and as the MFP’s only candidate for the premiership) were done on 3 April. The two follow-up complaints came after 14 May, the election day. Therefore, the Election Commission considered them as having been overtaken by events, and coming too late to stop Pita from entering the polls.

However, based on information from the three complaints, the Election Commission found “manifested” fact to start a probe into whether Pita violated Section 151.

SMALL MISSTEP CAN RUIN EVERYTHING

The 42,000 shares in iTV originally belonged to Pita’s father, Pongsak, who passed away in September 2006. The shares, worth just about one baht each, became part of Pita’s family estate, of which Pita has been the trustee. However, records in iTV showed that the 42,000 shares were in Pita’s name, without stating that he held them in his capacity as the trustee.

At first, Pita’s line of defence was quite straightforward: iTV had stopped broadcasting since 8 March 2007; the 42,000 shares in question constituted only about 0.000035% of the public media firm which had more than 1,206.7 million shares[3] (and the Stock Exchange of Thailand delisted iTV on 24 July 2014); iTV has maintained its status as a media business entity only because of a pending lawsuit seeking 2,890 million baht of compensation from the Office of the Permanent Secretary of the Prime Minister’s Office for abruptly cancelling a service agreement between iTV and the Office following the coup on 19 September 2006; the case is now in the Supreme Administration Court, and iTV has won its case against the Office in the Central Administration Court.

More importantly, supporters of Pita and the MFP would point out that in this modern digital world, social media have been more effective than conventional TV broadcasting in election campaigns. And yet there is no law prohibiting election campaigning through social media.

On 25 May 2023, Pita transferred the shares in question to his younger brother, Pasin. He did so in the wake of what he suspected was a new movement to revive iTV.[4] At an online meeting of iTV shareholders on 26 April 2023, the meeting records state that iTV has remained in operation in accordance with the firm’s objectives. iTV has also continued to submit its balance sheet and file its business tax returns normally.[5]

It is common sense that Pita could not have used his shares in iTV to his advantage in the election campaign. But there is no denying the “manifested” fact that he had the iTV shares under his name when he applied on 3 April to stand for a party-list House seat and when he accepted his party’s nomination of him as its sole candidate for the premiership.

Nevertheless, as archaic as it may appear now, Section 42 (3) of the election law includes a prohibition for anyone wanting to stand in a House election not to own or hold shares in any newspaper or other media businesses. Violation of this prohibition will lead to a breach of Section 151 of the election law, punishable with a 20-year suspension of the voting right.

Losing the voting right, in turn, will disqualify oneself from standing for House election as well as from vying for the premiership, according to the 2017 Constitution’s Section 160 (6).  This constitutional provision bars anyone whose voting right has been suspended from assuming any posts in a cabinet, including the premiership.

Undoubtedly, it is difficult to prove beyond any reasonable doubt in a criminal court whether Pita intentionally violated Section 151. He had completed his four-year term as a party-list MP without anyone raising any objection about his alleged lack of full qualifications.

If the Election Commission finds enough evidence against Pita, it can ask the Public Prosecutor Office to bring Pita to a criminal court. But it remains uncertain whether the Public Prosecutor Office will go further and prosecute Pita. It did not do so in the case of Pita’s predecessor, Thanathorn Juangroongruangkit, even after the Constitutional Court disqualified Thanathorn from the House membership in November 2020 for holding shares in an obscure magazine.

A spokesman for the MFP criticised the Election Commission’s move to accuse Pita of violating Section 151, describing it as part of the ongoing efforts of the conservative establishment to obstruct Pita from assuming the premiership and to stop the MFP-led coalition from forming a new government.[6]

MORE FORMIDABLE NEXT OBSTACLE

If Pita’s case of violating Section 151 goes to a criminal court, it will take months for the court to reach its verdict. After that, appeals can still be made against the verdict in an appeal court, and finally in the Supreme Court if necessary. This will take years for the case to reach its final conclusion.

Meanwhile, the Election Commission on 19 June  confirmed[7]  the election results of all 400 constituencies and allocation of the 100 party-list House seats.  Pita is first on the MFP’s list of 92 candidates for party-list seats in the House of Representatives. He is going to return to the House for a second time as a party-list MP when the House opens in July.

After Pita returns to the House, he may face yet another challenge on his qualifications. One-tenth of the House membership (50 MPs) can submit a joint appeal to the House Speaker to examine Pita’s qualifications. Alternatively, the Election Commission can do the same.

In either case, the House Speaker is obliged to forward such a request to the Constitutional Court for a ruling. On its part, the Constitutional Court has the discretion to either accept or reject the case. If it accepts it for further consideration, the Constitutional Court may even suspend Pita’s House membership – like it did in the case of Thanathorn.[8]

ONE NEW FAUX PAS ON TV

Pita carelessly shot himself in the foot again during a recent TV interview in which he sang the praises of local liquors, and even mentioned a few of his favourite brands by name. This was part of his promotion of the MFP’s campaign to “demonopolise” the alcohol beverage industry.[9]

Inadvertently, he may have violated the law banning direct advertising of alcoholic beverages on TV. A complaint against Pita was lodged at the Office of Committee for Alcohol Beverage Control on 7 June.[10] Penalties for breaking this law include a jail-term up to one year, and a fine up to 500,000 baht.

Still worse are the legal implications of the violation: The Constitution’s Section 98 (6) bans from running in a House election anyone who has been convicted by a court of law. And the ban also disqualifies the violator from holding any posts in a cabinet, including the premiership, according to the Constitution’s Section 160 (6).

However, it will not be easy for the prosecutor to establish beyond any reasonable doubt in a criminal court that Pita intentionally broke the law. Pita has denied advertising any alcoholic beverage. He has insisted that he merely wanted to draw public attention to the plights of SMEs that cannot expand their distillery operations because of numerous restrictions put in place allegedly to protect the monopolies of a handful number of business breweries.

One of the structural changes advocated by his party is “Demonopolisation”:[11]  Demolishing monopolies of big businesses – including those in the alcohol beverage industry – in order to promote the development and competitiveness of SMEs.

BARKING UP THE WRONG TREE

Deputy Prime Minister Dr Wissanu Krea-ngarm, the chief government jurist, dropped a bombshell in early June.[12] He wondered out loud whether Pita’s possible disqualification from being an MP could lead to his disqualification as party leader; and consequently to a need to hold by-elections in all 112 constituencies where MFP’s candidates have won.

The MFP’s party regulations prohibit anyone owning or holding shares in a newspaper or any other media businesses from serving on the party’s executive committee. By holding the iTV shares, Pita should have been disqualified from becoming party leader. Being an unlawful party leader, Pita’s signed endorsements of all MFP’s candidates to run in the general election could be deemed as null and voided.

On this legal question, the Lawyers Council of Thailand has issued a statement explaining its collective view that Pita’s alleged lack of qualification is a personal fault which should not hurt the party or harm the MFP’s candidates.[13] The Election Commission seems to agree with this line of reasoning and has dropped the complaint against Pita on this particular issue.

Also dismissed by the Election Commission was another complaint against Pita in which he was accused of omitting his bank guarantee liability from his formal declaration of assets and liabilities in his capacity as an MP. The National Anti-Corruption Commission has reported that Pita did include in his declaration some liabilities.[14]

Any MP or other holder of public office who has failed to make a full and complete declaration of assets and liabilities faces penalties ranging from months of imprisonment to a life-long ban from national politics.

INSURMOUNTABLE LAST OBSTACLE

Even if Pita manages to survive the disqualification battles, he will still face strong objections from a large number of the 250 Senators. The Senators, together with 500 MPs, select the next prime minister, and in order to win, a premiership candidate needs to receive at least 376 votes from the 750 participants in a joint parliamentary session. The MFP-led coalition of eight parties, which is going to put forth Pita as its premiership candidate, has only 312 MPs — still 64 votes short.

So far, intensive ongoing lobbying efforts of the coalition has reportedly won support for Pita from fewer than 30 Senators. This being the case, a stalemate looks inevitable if and when a joint parliamentary session is held (most probably in  late July) to vote on the next premiership.

Most of the Senators are pro-establishment conservatives. They oppose the MFP’s initiative to reform the monarchy by, for example, amending the controversial Section 112 of the Criminal Code, the so-called “lese-majeste law”. The MFP has proposed reducing the penalties in Section 112 from 3-15 years of jail-term to no more than one year, and to allow only an authorised representative of the Royal Household Bureau to file a police complaint if and when there is a serious violation. At present, anyone can bring an alleged violation to the attention of the police.

One new complication was Pita’s acknowledgement that the MFP wants to “introduce accountability” to Thai national politics by subjecting outgoing Prime Minister General Prayut Chan-o-cha to legal scrutiny. Pita has insisted that he has no desire for any personal “revenge”. He and the MFP merely want to see the beginning of a new culture of political accountability in Thailand.[15]

General Prayut, while he was the army chief, led a coup to topple the Pheu Thai-led coalition government in May 2014. He then headed the National Council for Peace and Order. In the 2019, he accepted the nomination of Palang Pracharath Party as its only candidate for the premiership. He won the premiership, chiefly with the support of 249 Senators.[16]

Nevertheless, such a veiled threat of holding General Prayut accountable for alleged wrongdoings in the past will not sit well with the  conservative Senators. All of the first batch of 250 Senators were chosen during the last few months of the military regime headed by General Prayut, in early 2019. Many of the Senators may feel they still owe some gratitude to General Prayut. One way to reciprocate is to block Pita from assuming the next premiership.

With potential court cases against Pita still lurking in the background, the Senators will have a good excuse to look beyond Pita for someone else to be the next prime minister of Thailand.

IF PITA FAILS…

General Prayut has never formally conceded election defeat. His United Thai Nation Party won only 36 House seats (23 constituency seats, and 13 party-list seats), compared with the MFP winning 151 House seats (112 constituency seats, 39 party-list seats). General Prayut has maintained a passive “wait and see” stance, waiting to see whether Pita will succeed in winning the next premiership.

If Pita is disqualified or if he fails to win the premiership, the MFP cannot put forth any new premiership candidate because the party registered only Pita as its sole premiership candidate. Then it will be the turn of Pheu Thai, with 141 MPs, the second largest, to put forth one of its three premiership candidates. Most probably, it will be 59-year-old real estate tycoon Srettha Thavisin.

Ms Paetongtarn Shinawatra, the youngest daughter of exiled former prime minister Thaksin, may have already dropped out due to an objection from her mother, Khunying Potjamarn. The matriarch of the Shinawatra family presided over a lunch meeting in a Bangkok hotel on 7 June, and after the meeting, news spread that the Shinawatra family had reached a conclusion that Paetongtarn, 37, is still too young, and that she should wait five more years before going for the premiership. In addition, the family also felt it might be unsafe for Thaksin to return to Thailand too soon.[17]

The former Thai prime minister has been in exile overseas for nearly 17 years. He faces a total of 10 years of imprisonment from three past convictions in cases of corruption and conflict of interest while he was the head of government in the early 2000s. On 9 May, Thaksin announced his latest decision to return to Thailand in July, before his 74th birthday on 26 July.

The other premiership candidate of Pheu Thai is former justice minister Chaikasem Nitisiri, 74, who has been unwell and hospitalised during the last few weeks before the voting day on 14 May.

If no one from Pheu Thai Party can win the premiership, then this second largest party may cross over to team up with some parties in the Prayut Administration to form a new coalition – without participation of Pita’s MFP. The MFP has vowed never to work with any parties from the Prayut Administration, dismissing them as the vestige of General Prayut’s dictatorship.

Given this scenario, the Shinawatra family may feel it not yet “safe” for Thaksin to return from his exile. Under these conditions, the next Thai prime minister could therefore be one of the following: Anutin Charnvirakul, leader of Bhumjaithai Party, which has 71 House seats; General Prawit Wongsuwan, leader of Palang Pracharat Party, which has 40 House seats; General Prayut, who is one of the two premiership candidates of his United Thai Nation Party, and finally; the other UTN premiership candidate, party leader Pirapan Salirathavibhaga.

If none of the above can win the premiership, the new coalition can propose going for an “outsider” who has not been nominated for the premiership by any party.

CONCLUSION

Pita is facing tough obstacles on his arduous quest for the Thai premiership. Even if he manages to overcome them, he will fail in the end if he cannot gain enough support from Senators. If Pita fails, new options for Pheu Thai Party and others will emerge.

ENDNOTES

For endnotes, please refer to the original pdf document.


ISEAS Perspective is published electronically by: ISEAS – Yusof Ishak Institute   30 Heng Mui Keng Terrace Singapore 119614 Main Tel: (65) 6778 0955 Main Fax: (65) 6778 1735   Get Involved with ISEAS. Please click here: /support/get-involved-with-iseas/ISEAS – Yusof Ishak Institute accepts no responsibility for facts presented and views expressed.   Responsibility rests exclusively with the individual author or authors. No part of this publication may be reproduced in any form without permission.   © Copyright is held by the author or authors of each article.Editorial Chairman: Choi Shing Kwok   Editorial Advisor: Tan Chin Tiong   Editorial Committee: Terence Chong, Cassey Lee, Norshahril Saat, and Hoang Thi Ha   Managing Editor: Ooi Kee Beng   Editors: William Choong, Lee Poh Onn, Lee Sue-Ann, and Ng Kah Meng   Comments are welcome and may be sent to the author(s).

 

2023/48 “Current Key Drivers of ASEAN Integration: Digital Skills and Mobilities” by Melinda Martinus and Farah Nadine Seth

 

The growth of the region’s digital economy will help ASEAN accelerate its regional integration. Image: https://www.freepik.com/free-photo/hand-pointing-currency-blockchain-technology-background_15559147.htm. Accessed16 June 2023.

EXECUTIVE SUMMARY

  • COVID-19 and the rise of the digital economy are excellent opportunities for ASEAN to accelerate its regional integration push.
  • However, the ASEAN Digital Integration Index (ADII) shows that the area of digital skills and talent is ASEAN’s worst-performing indicator of the six digital integration benchmarks used to measure digital integration.
  • ASEAN needs to enhance the digital skills and mobility of talents in the region.
  • It can do this by leveraging the regional tech companies’ abilities to scale up the integration of its workforce to a regional-wide digital economy ecosystem, and adding digital workers to the ASEAN Mutual Recognition Arrangements (MRAs) to facilitate their movement in the region. These two measures are critical in ensuring that the demand for digital talents is met.
  • ASEAN also needs to facilitate intra-ASEAN student mobility and digital skill advancement early through educational platforms such as the ASEAN University Network and other student mobility programmes.

* Melinda Martinus is Lead Researcher at the ASEAN Studies Centre, ISEAS – Yusof Ishak Institute. Farah Nadine Seth was formerly Research Officer at the ASEAN Studies Centre, ISEAS –Yusof Ishak Institute.

ISEAS Perspective 2023/48, 21 June 2023

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INTRODUCTION

COVID-19 has intractably accelerated the digital economy in Southeast Asia. The interaction between the health crisis and the digital economy in the region has raised consumer dependencies on digital services such as telemedicine, video conferencing platforms, financial services, and e-commerce. According to Google, Temasek, and Bain’s annual E-Conomy SEA 2022 Report, ASEAN’s digital economy is on course to reach US$600 billion-US$1 trillion by 2030, with sustained long-term projections.[1]

The growth of the region’s digital economy will help ASEAN accelerate its regional integration. One excellent example is integration in the financial sector through digital payment systems. Currently, the central banks of five Southeast Asian countries—Malaysia, Indonesia, the Philippines, Thailand and Singapore—have linked up their digital payment systems, improving inclusivity, cross-border economic activities and efficiency.[2] 

Recognising the potential for both growth and regional integration, ASEAN has been boosting its digital integration activities. For instance, the ASEAN Digital Integration Framework and Action Plan (DIFAP) serves as the overall blueprint for ASEAN’s digital integration efforts.[3] The ASEAN Agreement on Electronic Commerce, which entered into force in 2019, attempts to harmonise principles and rules to promote e-commerce in the region and to strengthen the capacity to implement them.[4] The COVID-19 crisis has also inspired ASEAN to double down on its agenda to accelerate digital transformation. The Bandar Seri Begawan Roadmap: An ASEAN Digital Transformation Agenda to Accelerate ASEAN’s Economic Recovery and Digital Economy Integration outlines a multi-year roadmap to deepen ASEAN digital integration and connectivity against the backdrop of COVID-19.[5]

The digital economy will undoubtedly become an enabling factor in ASEAN’s growth journey. However, it creates an unprecedented demand for digital workers equipped with in-demand technical skills. Singapore needs 1.2 million additional digital workers by 2025 – a 55 per cent increase from today’s levels – to remain competitive.[6] For Indonesia, an additional 600,000 digital talents annually are needed to service its digital transformation pipeline until 2030.[7] Meanwhile, a digital talent survey conducted by a Malaysian think tank, the Social and Economic Research Initiative (SERI), found that only 4.8 per cent of Malaysian private sector respondents feel that the existing labour market can fully meet their digital talent needs.[8]

The baseline study of the ASEAN Digital Integration Index (ADII),[9] which serves as a benchmark for ASEAN digital integration efforts, indicates that among its six digital integration components: ASEAN is currently performing the poorest in Digital Skills and Talent. This Perspective offers some analysis of the underlying causes of this dismal performance and identifies three opportunities to enhance digital skills.

ASEAN DIGITAL INTEGRATION: SKILL AND TALENT PILLAR REMAINS DISMAL

ASEAN has made efforts to monitor integration initiatives across the region through the ASEAN Digital Integration Index (ADII) which provides an evidence-based analysis of the state of implementation in priority areasof the ASEAN Digital Integration Framework (DIF)for member countries. The report categorises digital integration initiatives according to six pillars, namely (i) Digital Trade and Logistics; (ii) Data Protection and Cybersecurity; (iii) Digital Payments and Identities; (iv) Digital Skills and Talent; (v) Innovation and Entrepreneurship; and (vi) Institutional and Infrastructural Readiness. An overview of the ADII pillar scores for the region ranked by level of integration can be found below:

Table 1: ADII Pillar Scores

ADII PillarsScore (out of 100)Rank
Institutional and Infrastructural Readiness62.851
Data Protection and Cybersecurity62.812
Digital Payments and Identities58.843
Digital Trade and Logistics55.274
Innovation and Entrepreneurship49.325
Digital Skills and Talent48.216

Source: ADII

While all elements of digital integration are vital to regional integration efforts, the ADII report highlights the need to prioritise human capital development with regards to digital skills (and innovation), given that a digitally trained workforce would form the backbone for regional digitalisation. Moreover, knowledge-intensive sectors within the growing digitally-driven industry – such as ICT and e-commerce – not only require skilled labour to manage and continually innovate increasingly complex digital tools, but also entail ordinary consumers having the requisite digital skills to competently utilise and tap into digital platforms and technologies for their business needs and day-to-day activities.[10]

The urgency of developing a digital talent base is underscored by the fact that the ‘Digital Skills and Talents’ pillar fares the worst in the ADII assessment. Below is a breakdown of the indicators used to compute the scores of the Digital Skills and Talent pillar. Each indicator is scored against 20 with a total score of 100 for the entire pillar.

Chart 1: Breakdown of indicators for Digital Skills and Talent

Source: ADII

The report noted that the indicator for Science, Technology, Engineering and Mathematics (STEM) graduates is low; its score of 5.82 is less than half of that for university graduates with business-relevant skillsets (12.67). However, the indicator for the overall population with digital skills fares best (13.11), with the report noting that the general population already exhibits adequate digital skills (e.g. basic computer skills and digital reading), likely self-taught through day-to-day activities and work requirements. Meanwhile, the proportion of employment in knowledge-intensive services is the lowest (4.48), and the level of multi-stakeholder collaboration in research and development is still unsatisfactory (12.13).

It is challenging to compare the performance of digital skills and talents highlighted by the ADII with other economies because of different methodological assessments. Be that as it may, the talent indicator in the World Digital Competitiveness Ranking 2022 by the International Institute for Management Development (IMD) can serve as a benchmark to compare ASEAN countries with other major economies in Asia and the Pacific (Table 2).[11]

Table 2 ASEAN Countries and Asia and the Pacific Economies’ Talent Ranking 2022

CountriesTalent Ranking (63 global countries) **
ASEAN Countries* 
Indonesia51
Malaysia33
Philippines54
Singapore12
Thailand45
Asia and the Pacific Economies 
China40
Hong Kong SAR14
India52
Japan41
Republic of Korea38
Taiwan (ROC)19

Source: The World Digital Competitiveness Ranking 2022 by the International Institute for Management Development (IMD)

*Brunei, Cambodia, Laos, Myanmar, and Vietnam were not assessed in the ranking 

** The talent ranking was assessed by the indicators of talent readiness, investment and development, and appeal to the global community.

According to the ranking, four ASEAN countries—Malaysia, Thailand, Indonesia, and the Philippines—appear in the bottom 50 per cent (out of 63 countries assessed). Singapore is the only regional country that ends up in the top 20 per cent of the list. Leaving Singapore aside, Indonesia, Malaysia, the Philippines do not fare much worse than other developing economies such as China and India. Even Japan only fares marginally better than China. This indicates that ASEAN digital talents are still competitive enough to attract digital economy investments. 

Developing digital skills is a common focus area for various ASEAN digital and connectivity initiatives.[12] The ADII report makes two key recommendations for boosting the digital talent base: (1) Prioritisation of the development of digital capabilities and formal employment opportunities to enhance digitalisation. Its proposals include channelling educational resources towards STEM courses and ensuring inclusive access to digital upskilling initiatives, and (2) Collaboration with the private sector to identify, develop and grow relevant digital skillsets.

MANAGING DIGITAL TALENTS AND SKILLS

To manage this challenge, there are at least three opportunities that can be exploited by ASEAN.

Leveraging the Growth of Regional Technology Companies

ASEAN can explore leveraging the rise of regional technology companies to integrate the workforce into digital platforms. Not only are these companies able to facilitate digital access for users and service providers, they also have the resources to provide skills training, thus accommodating new entrants into the digital workforce.

The three largest digital companies in the region – GoTo, Grab and SEA – valued at over US$10 billion,[13] have initiated a variety of digital enhancement skills for different purposes but with the ultimate aim of increasing the digitally-ready citizenry and integrating more people into the digital workforce and ecosystem. Their tech-oriented workplace requires individuals to have intermediate or work-related digital skills in critically assessing data and developing original digital content. Such skills include digital marketing, digital graphic design, and the increasingly important skills of data management and business analysis.

Grab is making inroads in improving basic digital skills, with “improving digital inclusion and digital literacy in Southeast Asia” as one of its key goals to be achieved by 2025 under their “GrabforGood” social impact programme.[14] Microsoft, in turn, embarked on a regional skills training and digital literacy partnership in 2019, providing Grab drivers and merchant-partners the opportunity to tap on a Microsoft Digital Literacy certification programme[15]via GrabAcademy, Grab’s online training platform. In 2021, over 780,000 partners benefitted from this scheme.[16]

Grab is also focused on improving digital literacy among the general public. In Singapore, it partnered with the Infocomm Media Development Authority (IMDA) to facilitate the running of more than a hundred digital clinics for senior citizens to foster greater digital literacy, with a targeted reach of 10,000 senior citizens within a year.[17] In Indonesia, the company supported the government’s digital literacy campaign by running two programmes for merchant-partners and the general public to foster both basic (through ‘Siberkreasi’) and intermediate digital skills (through the ‘Digital Talent Scholarship’). The programmes have helped upskill more than 12,000 MSMEs to date.[18]

Similarly, GoTo places considerable focus on talent development programmes such as its GO-Academy talent incubator[19] as well as its Generasi GIGIH programme[20] under its non-profit Yayasan Anak Bangsa Bisa. Through engineering bootcamps, tech competitions, and internship opportunities, GoTo focuses on harnessing young digital talent and integrating them into the larger Indonesian tech ecosystem. Not to be outdone, Grab and Microsoft partnered with selected regional universities to train students with in-demand technical skills through provision of Microsoft’s industry-recognised certification programme as well as applied learning opportunities through Grab-facilitated industry-relevant projects, competitions and internship stints.[21] Grab also runs other talent development programmes across the region such as the Grab Unicorn Apprentice programme in Vietnam, as well as the Grab Campus Apprenticeship programme in Indonesia.[22]

The regional tech companies’ roles in integrating people with digital platforms and scaling up initiatives for digital education have been quite promising. It demonstrates that the burden of providing formal and informal digital education can be shared by governments with private sector players who have the ability to mobilise at scale. However, policies must ensure the enabling conditions for the private sector to pursue workforce training sustainably. The recent mass layoffs of digital workers in the region have shown that the regional tech companies are still operating under capital spending, and thus global disruptions like rising interest rates amid high inflation easily necessitate them to restructure their workforce.[23]

Adding Digital Workers to the ASEAN Mutual Recognition Arrangements

The key to successful digital integration is to ensure an adequate supply of digital workers to grow a digital ecosystem in the region. At this time when ASEAN governments are shaping their digitalisation roadmaps, ensuring the mobility of digital workers is critical for meeting the demand and distribution of digital talents across the region.

One of the key features of ASEAN economic integration is the free movement of skilled workers under Mutual Recognition Arrangements (MRAs), a set of policies that enable the qualifications of service suppliers recognised by authorities in their home country to be mutually recognised by other countries who are signatories to the MRA. ASEAN MRAs can arguably help to facilitate an increase in the number of skilled workers across ASEAN countries so that industries across the region can efficiently find the appropriate talents quickly.[24] Currently, the arrangements only recognise eight categories of highly skilled occupations such as engineers, nurses, architects, surveyors, dentists, medical practitioners, tourism professionals, and accountants but not digitally skilled talents. However, the implementation of ASEAN MRAs has been hampered by domestic rules and regulations on employment and licensing requirements.[25]

ASEAN countries like Singapore and Thailand have begun to pursue their own labour immigration policies. For instance, Singapore’s Overseas Network and Expertise Pass and Thailand’s Long Term Resident (LTR) visa for highly skilled professionals are intended to pull global and high-income top talents into specialised industries. To an extent, it is the slow implementation of ASEAN MRAs that pushes these countries to pursue their labour policies rather wait upon the ASEAN-led mechanism.

To be sure, the full operationalisation of the ASEAN MRAs is politically challenging. Employers often raise their demanded educational credentials and validity, due to the fact that their confidence in the region’s educational quality is low.[26] There are also considerable gaps among ASEAN countries in assuring standardised educational quality across the region. In addition, the ASEAN MRAs have faltered because the regional governments often raise new barriers in response to pressure from domestic lobbies to protect domestic employment and wages.

But it should be noted that the rise of the digital economy has created uniform demand for digital workforce with similar skillsets. Given the rising demand in digital workforce across the region, adding digital workers might look politically feasible in the future. Having digital workforce on the ASEAN MRAs will also facilitate cross-pollination of knowledge, information, and inventions across the region. The challenge remains on the effective operationalisation of the arrangements.

Facilitating Intra-ASEAN Students and Young Workforces’ Mobility Early

While it is true that ensuring the digital skills of the young workforce is vital for the region to fully tap into the digital economy, ensuring the mobility of young talents is relevant too. Giving them the opportunity to travel across the region for work-study practices, internships, apprenticeships, and traineeship will ensure that businesses and industries can absorb them quickly.

Currently, ASEAN countries’ workforce demographics vary greatly. Singapore, Brunei, Thailand, and Vietnam are starting to face an aging population. By 2050, more than 25 per cent of the population in those countries will be over 60 years old.[27] Meanwhile, Cambodia, Laos, Myanmar and Indonesia are entering a period of demographic bonus where the number in productive age groups is currently greater than the number in non-productive age groups. Getting young members of the workforce to move easily across borders to fill labour gaps cannot but be beneficial.

ASEAN has an opportunity to revive its various educational programmes under its Socio-Cultural Community Blueprint which still lacks a strategic mandate to optimise greater mobility of people within the region. One such opportunity is through the ASEAN University Network (AUN) whose current scope is to provide a network of cooperation among universities and to harmonise higher-education outcomes in the region. The Network’s role can be strengthened and expanded by utilising ASEAN Dialogue Partners’ Assistance, the private sector, and ASEAN countries’ contribution to facilitate student internship and traineeship in emerging digital industries. Other initiatives under the ASEAN umbrella such as the ASEAN Foundation can serve as a platform for industries and young talents to explore digital industries and operations.

Exposing young talents to opportunities to work regionally at an early stage is key to build a stronger regional economy. No single ASEAN economy can efficiently rely on its domestic workforce to tap the digital economy maximally. There are double benefits to be gained if ASEAN can facilitate the mobility of the young workforce early in their career. First, ASEAN has an opportunity to harmonise human capital standards needed by the regional digital economy. Young members of the workforce should be exposed to regional job market requirements that can help them make a career jump in the future. Second, ASEAN countries can ensure their digital talent gaps are met and their young utilised efficiently across national borders.

CONCLUSION

COVID-19 and the rise of the digital economy have provided an excellent opportunity for ASEAN to accelerate its regional integration push. The ecosystem of the digital economy can be sustained in the long run if the demand for digital skills and talent can be met. There are three key opportunities for ASEAN. First, ASEAN can collaborate with regional technology companies on digital education efforts to scale up the integration of the digital workforce regionally. Second, ASEAN must consider adding digital workers to the ASEAN MRAs to facilitate the mobility of professionals in the region and to make sure that its policies are operationalised. Third, ASEAN needs to facilitate intra-ASEAN student mobility and digital skill advancement early through educational platforms such as the AUN and other student mobility programmes.

ENDNOTES

For endnotes, please refer to the original pdf document.


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2023/47 “What Drives Vietnam’s Tightened Public Sphere?” by Nguyen Khac Giang and Dien Nguyen An Luong

 

A woman uses her smartphone while waiting atop her scooter along a street in Hanoi on 10 uly 2020. Photo: MANAN VATSYAYANA/AFP.

EXECUTIVE SUMMARY

  • Since 2016, the Vietnamese government has tightened its grip on traditional media, the online sphere, and civil society.
  • This tightening of the public sphere is part of the effort by the conservative faction within the Communist Party of Vietnam to increase the Party’s control over the state and society. This has been made possible by the Vietnamese state’s improved capability in managing cybersphere and its increased leverage in negotiations with Western partners.
  • The weaponization of laws and regulations has become the strategy of choice for Vietnamese authorities, who have become increasingly adept at exploiting economic leverage to strong-arm Big Tech into compliance.
  • The intensified crackdown has created an increasingly subservient and fear-filled atmosphere around both mainstream media and cyberspace, unnerving the civil society community.
  • This trend is likely to persist until 2026, when a new generation of leadership emerges. However, if the Vietnamese leadership continues to suppress online discussions and curtail press freedom, they risk losing a vital channel of feedback. Over time, this could create a widening gulf between the public and its political leaders, leading to instability.

* Nguyen Khac Giang is Visiting Fellow at the Vietnam Studies Programme. He was previously Research Fellow at the Vietnam Center for Economic and Strategic Studies. Dien Nguyen An Luong is Visiting Fellow at the Media, Technology and Society Programme of the ISEAS – Yusof Ishak Institute. A journalist with significant experience as managing editor at Vietnam’s top newsrooms, his work has also appeared in the New York Times, the Washington Post, the Guardian, South China Morning Post, and other publications.

ISEAS Perspective 2023/47, 19 June 2023

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INTRODUCTION

Since 2016, Vietnam’s public sphere has come under increasing scrutiny and control by the government, with traditional media, the online sphere, and civil society being the primary targets. This conservative shift in the one-party state is a departure from the relatively lenient period that followed the nation’s admission to the World Trade Organization in 2007 and until the 12th National Congress of the Communist Party of Vietnam (CPV) in 2016.

The tightening of civil society has been particularly evident in recent years, with various restrictions being imposed through both legal and extra-legal means on the activities of non-governmental organizations (NGOs) and social movements.[1] This was made clear in 2022, when numerous prominent NGO leaders were charged and arrested.[2] The traditional media landscape has also been subject to greater controls, with journalists and editors cowed by increasingly comprehensive censorship and stricter regulations. As the new main platform for propaganda, the cybersphere has been subject to new restrictive regulations, more targeted punishments, and legions of pro-government trolls tasked with countering negative discussions about the regime.

This article explores three major factors contributing to Vietnam’s increasingly restrictive public sphere since 2016. First, we argue that this is part of an effort spearheaded by the conservative faction of the CPV to increase their control over the state and society after the 12th CPV Congress in 2016. Second, while Vietnamese officials started recognizing the potential for collective action against the regime in the late 2000s and early 2010s, it was not until the late 2010s that they had the necessary capacity to respond effectively. Finally, Vietnam’s growing significance in the context of great power competition has enabled Hanoi to withstand external pressure from the United States and European Union regarding human rights and democratic practices. The article concludes by discussing the implications of this trend for Vietnam’s future.

VIETNAM’S “HUNDRED FLOWERS” MOMENT

In the early 2010s, Vietnam’s public sphere was characterized by a sense of relative optimism. Traditional media were blossoming, and journalists were granted some freedom to perform their jobs. Although there were occasional setbacks, such as the unprecedented state-sanctioned crackdown on the press in 2008,[3] investigative journalism[4] and media coverage of official corruption[5] were largely tolerated by the authorities. The early 2000s saw the launch of online versions of established newspapers, with major tech companies entering the fray in the mid-2000s, accelerating the development of Vietnam’s online media space.[6]

The nascent civil society was also emerging, exemplified by the rise of non-state social organisations, such as Vietnamese NGOs (VNGOs), community-based organizations (CBOs), and independent movements connected via the Internet. Facebook became the preferred platform among Vietnamese netizens after its launch in 2008, enabling online activism to thrive.[7] After a series of failed attempts to exert greater control over social media, the Vietnamese government ultimately conceded to Facebook’s popularity in 2015.[8]

This more open public sphere created a positive feedback loop within the previously rigidly-controlled political system. This was a rare time when people could make their grievances heard and addressed through popular mobilisations, both online and offline. For instance, in 2015, a government plan to fell 6,700 trees in Hanoi spurred Vietnamese netizens to form an online movement on Facebook to protest it.[9] This backlash led the government to scrap the plan and punish the officials responsible.[10] A year later, environmental concerns unified Vietnamese Facebook users in a protest against a major marine pollution incident caused by a steel plant of Formosa, a Taiwanese investor, in Ha Tinh Province.[11] The newly established government after the 12th Congress felt the need to demonstrate responsiveness to public demands, forcing Formosa to accept responsibility and pay US$500 million in compensation to the affected fishermen.[12]

THE CONSERVATIVES STRIKE BACK

However, for the one-party state, particularly the conservatives, these effective cases of activism posed a great threat, especially in the wake of the Arab Spring uprisings in late 2010.[13] To them, the media, the Internet, and civil society had the potential to mobilise protests[14] and empower the public to challenge the legitimacy of the CPV.[15] Nonetheless, during the leadership of Prime Minister Nguyen Tan Dung, who was in office from 2006 to 2016, economic development was prioritized over social controls, and the country was willing to loosen its grip on the public sphere in exchange for advantageous trade agreements with Western partners.

The crackdown only began after the 12th CPV Congress, when the conservative faction emerged victorious with the re-election of General Secretary Nguyen Phu Trong while his main rival, Nguyen Tan Dung, retired. As a staunch communist apparatchik, Trong sought to address the ideological and moral decay of some elements in both the party and society, which had caused corruption and other social ills.[16]

In one of its earliest actions, the 12th Central Committee under the leadership of Trong issued Resolution 04 – NQ/TW, which identified what the CPV considered to be signs of “self-evolution” and “self-transformation” that could threaten the regime’s survival.[17] One such sign was the presence of civil society. According to CPV propagandist, the West employs “civil society” as a tool to weaken and ultimately destroy communist rule in Vietnam by instigating gradual and non-violent changes within the country.[18] This viewpoint explains the indefinite suspension of the long-awaited Law on Association in late 2016.[19] In 2018, the Politburo issued another important resolution, Resolution 35–NQ/TW, which focused on “strengthening the protection of the Party’s ideological foundation, combating and refuting erroneous and hostile viewpoints in the new situation”.[20]

These two resolutions laid the foundation for the creation of various institutions dedicated to managing and overseeing ideological work, as well as for establishing a regulatory framework to control the public sphere. In accordance with Resolution 35, a unified “steering committee” was established at all levels of the party hierarchy to “proactively counter hostile opinions” about the party and “closely monitor” the ideological beliefs of party members and citizens.[21] Although the party has not released the exact numbers of these committees, a report in Quang Ninh Province revealed that every government/party agency must appoint 5-10 cadres responsible for “combating wrongful views on cyberspace”.[22]

The CPV also instructed the establishment of new specialized agencies exclusively focused on fighting ideological battles in cyberspace. These include Force 47 (Lực lượng 47), estimated to have at least 10,000 personnel in 2017,[23] and the Cyberspace Operations Command (also known as Command 86), both under the Ministry of National Defense. The Ministry of Public Security, the one-party state’s main repressive institution, has also invested heavily in its cyber capabilities.[24]

STIFLING PUBLIC DISCOURSE

Mainstream media and cyberspace

Given the CPV’s long-standing concern about collective actions, it is unsurprising that the cybersphere is the first target of its intensified crackdown. Vietnam’s increased control of cyberspace has revolved around three main tactics: blocking and removing content that its authorities deem inappropriate; bolstering its monitoring of social media; and prosecuting online critics.

In tightening the screws in the cybersphere, Vietnam has employed a range of laws and regulations. Decree 72, enacted in 2013, has been widely seen as the legal basis for Meta’s Facebook and Google’s YouTube to limit or remove content at the request of Vietnamese authorities.[25] The full-blown weaponization of the decree became evident in 2017, when Google[26] and Facebook[27] reported the amount of material the Vietnamese government asked them to restrict access to. Growing concerns over social media culminated in the passage and implementation of the Cybersecurity Law in 2018. Said to bear striking similarities to its Chinese equivalent, the Vietnamese law is also characterized by broad and ambiguous provisions that allow officials to control its implementation while perpetuating self-censorship among Internet users. In October 2022, Vietnam enacted Decree 53 to guide the implementation of the 2018 Cybersecurity Law,[28] which further empowers Vietnamese authorities to censor online content they disapprove of and strengthen the state’s digital surveillance capability.

Vietnam ranks seventh among the top ten countries with the highest number of Facebook users,[29] with the company reportedly generating an annual revenue of more than US$1 billion from Vietnam’s market of nearly 70 million users.[30] According to DataReportal figures, YouTube has 63 million users in Vietnam, and TikTok around 50 million.[31] As such, by threatening to shut down any social platform deemed not compliant with local laws, Vietnamese authorities have become increasingly adept at exploiting their economic leverage to arm-twist Big Tech into compliance. In 2020, for instance, Vietnam threatened to block Facebook if it did not agree to remove anti-government posts on its platform.[32] This brinkmanship tactic seems to have been effective. According to the Vietnamese Ministry of Information and Communications, Facebook complied with 90% of Vietnam’s content removal requests during the first quarter of 2022, while YouTube went along with 93%.[33]

The post-2016 era has also seen Vietnamese authorities heavily invest in beefing up online monitoring efforts by mobilizing Force 47[34] in a bid to maintain “a healthy cyberspace” and to protect the regime from “wrong”, “distorting”, or “false news”.[35] Additionally, the authorities have enlisted members of society to act as pro-state opinion shapers, creating dossiers on online dissidents or critics who are accused of spreading “false news” about the regime and reporting any possible violations of Vietnamese laws to the authorities.[36]

State-orchestrated efforts to control the cybersphere have resulted in an increasingly submissive and fearful social media landscape. Big Tech firms have become accustomed to acquiescing to Hanoi’s censorship requests, hoping to appease regulators. Mai Truong argued that by filling the Politburo with staunch defence-security figures, Vietnam has been able to prevent online popular discontent from turning into real-life protests.[37]

The fear-cloaked dynamic has also permeated the mainstream media. Vietnamese authorities have appeared increasingly emboldened in threatening to revoke the license of news outlets that dare to go against the party line. Nowhere is this strategy more manifest than in a state-orchestrated blueprint enforced in 2019 that seeks to strengthen and centralize state control over the media by axing or merging hundreds of press organizations.[38] Accordingly, Hanoi aims to slash around 180 press organisations across the country by 2025,[39] citing the need to revamp the bloated bureaucracy and overlapping ownership that have plagued the news industry. While the plan is legitimate to some extent, critics have lamented that authorities are using it as a smokescreen to shepherd news outlets into churning out uniform coverage that promotes official narratives.[40]

Civil society

In a move that seems to be a copy of the Chinese approach,[41] the Vietnamese government has also been relying on weaponizing laws and regulations to crack down on civil society. According to advocacy groups, since 2016, Vietnamese authorities have used tax laws and the Penal Code to go after activists, charging them with “tax evasion”, “anti-state propaganda” or “abusing democratic freedoms”.[42] In April 2023, The 88 Project, a human rights group, released a report detailing how the “tax evasion” charge has been “arbitrarily applied for the purpose of political persecution”, citing the cases of four prominent Vietnamese environment activists as examples.[43] The latest casualty of Vietnam’s crackdown on civil society is Hoang Thi Minh Hong, another prominent environmental activist who headed the now-disbanded environmental NGO Change. Hong was arrested in June 2023, also for alleged “tax evasion”.[44]

In August 2020, a new decree superseding 2012 rules was passed, significantly tightening restrictions on foreign NGOs in Vietnam. The decree narrows the definition of permitted groups and retains expansive prohibitions against activities that violate Vietnamese “national interests”, “social order”, “social ethics”, “national customs”, “traditions”, or “national unity”, among other provisions.[45] The new decree has been mostly used to impede foreign NGOs’ registration process and narrow their operating space in Vietnam.[46] This has left the NGO community in the country in suspense, with several organisations having to shut down due to the new restrictions.[47]

The authorities have also targeted high-profile activists who could potentially influence public opinion. According to data compiled by The 88 Project, Vietnam had arrested 361 “activists” between 2016 and the first quarter of 2023[48] — more than triple the number of arrests (106) made from 2015 to 2003, when the project began collecting data. The most widely reported case was the detention of Nguy Thi Khanh, Vietnam’s best-known environment advocate and the nation’s first recipient of the esteemed Goldman environmental prize in 2018.[49] Khanh was arrested in February 2022 for alleged tax evasion, a charge that her supporters have dismissed as fabricated. In June 2022, a Vietnamese court sentenced her to two years in prison, which was reduced on appeal to 21 months. Although Khanh was granted early release in May 2023,[50] the case caused deep concern among Vietnam’s civil society organisations, prompting more than 50 Goldman laureates from 41 countries to sign a letter urging the United Nations Human Rights Council to reject Vietnam’s bid to be elected to the body in October 2022.[51]

But such pressure did not suffice to prevent Vietnam from getting elected to a three-year term at the UN body.[52] Indeed, with Vietnam playing an increasingly significant role amidst the great power rivalry, the CPV has enjoyed better leverage in weathering external pressures on its human rights record, particularly from the United States and European Union partners. This dynamic is another crucial factor that has enabled the CPV to continue tightening the public sphere without having to worry about international repercussions.

GEOPOLITICAL LEVERAGE

Both the US and EU have notably softened their approach to human rights issues in recent years, likely due to geopolitical and economic considerations. As the US-China rivalry intensifies, Hanoi has become an increasingly important partner for Washington in Asia. Vietnam has sought to safeguard its sovereignty, territorial integrity, and independence against China’s growing strategic ambitions, particularly in the South China Sea, making it a natural security partner for the US in its efforts to contain China’s rise. Additionally, Vietnam’s emergence as a regional manufacturing hub has been well-received by Washington, given its desire to diversify its international economic ties and reduce its trade dependence on China.

While US Secretary of State Antony Blinken’s visit to Hanoi in mid-April this year included some symbolic gestures of support for freedom of religion,[53] no public remark was made in response to the Vietnamese court’s sentencing of a prominent blogger to six years in prison hours before his visit.[54] Vietnam arrested another dissident blogger while Blinken was still in Hanoi, yet the US response was muted.[55] Ultimately, Blinken’s visit was the latest testament to Washington’s willingness to go the extra mile to upgrade ties with Hanoi in order to counterbalance China’s growing influence.[56]

Meanwhile, apart from the shared security concern about China, trade has been another key driver of EU’s relations with Vietnam.[57] Most recent data show that Vietnam has been the EU’s most important trading partner in Southeast Asia after Singapore.[58] Vietnam and Singapore are also the only two countries in the region that have concluded a free trade agreement with the EU.[59] Even though differences over human rights have caused temporary setbacks, the EU seems to have prioritized economic considerations over human rights issues.[60] Such pragmatism was on full display in the Union’s ratification of the EU-Vietnam Free Trade Agreement in 2020.[61]

CONCLUSION

A month before being installed as Vietnam’s president in March, Vo Van Thuong stressed the importance of respecting and listening to critical feedback from the intelligentsia.[62] However, the current conservative trajectory of Vietnamese politics suggests that the public sphere is likely to remain restricted until at least 2026, when the 14th CPV Congress will be held and a new leadership elected. This trend will likely deprive the Vietnamese state of an invaluable online feedback loop.

For a country that prizes political stability above all else, silencing all avenues for the public to express their grievances could cause more instability in the long run. As political scientist Martin Dimitrov aptly noted,[63] any regime should be wary when its citizens cease voicing their complaints, as it is indicative of a widespread lack of faith in that state’s legitimacy.

ENDNOTES

For endnotes, please refer to the original pdf document.


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