What Indonesia’s election means for Timor-Leste

Capoeira Practice on Dili Beach

No matter who wins Indonesia’s presidential election on July 9, one of the most central foreign policy issues for its winner, will be relations with tiny Timor-Leste, the state that occupies the eastern half of the island of Timor and that broke from Indonesia formally in 2002 after three decades of unrest.Indonesia FlagEast Timor

Timor-Leste is just 12 years out from its hard-won independence from Jakarta, following centuries of benign Portuguese colonial neglect, a three-year not-so-benign Japanese interregnum during World War II and 27 years of terror perpetuated largely by the Indonesia military, some of the worst in the immediate aftermath of the United Nations-administered August 1999 independence referendum.

No matter who wins tomorrow’s presidential election in Indonesia, relations with Dili, the East Timorese capital, will undoubtedly be just as important for Indonesia’s next president as they were for outgoing president Susilo Bambang Yudhoyono (‘SBY’), who has largely improved the relationship between the two countries.

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RELATED: Will Prabowo Subianto become Indonesia’s next president?

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Megawati Sukarnoputri, when she was president between 2001 and 2004, traveled to Dili to mark both Timorese independence and the swearing-in of its first national president.

But it’s been under Yudhoyono’s watch that Indonesia truly turned the chapter from post-colonial occupier to economic partner and increasingly, friendly neighbor. Yudhoyono went to Dili for the first time within six months of taking office, laying a wreath to commemorate the deaths in the 1991 Santa Cruz massacre, and he attended a 2012 celebration marking the 10th anniversary of Timorese independence. Under SBY, Indonesia has become, by far, Timor-Leste’s largest trading partner.

For the first time, in 2012, Australian prime minister Julia Gillard hosted trilateral talks alongside Yudhoyono and Xanana Gusmão, a former resistance leader, Timor-Leste’s first post-independence president and its prime minister since 2007.

With Gusmão planning to step down later this year after seven years leading Timor-Leste’s government, it will be especially important for the next Timorese prime minister and the next Indonesian president to develop the same diplomatic relationship that Yudhoyono and Gusmão share today.

That may prove difficult if Indonesians elect Prabowo Subianto, the leader of the nationalist Gerindra (Partai Gerakan Indonesia Raya, the Great Indonesia Movement Party), a former Suharto-era general and former leader of Indonesia’s special forces. Dismissed in 1998 upon Suharto’s ouster and self-exiled to Jordan, Prabowo returned as a businessman and now, as a politician, and he’s climbed back from a double-digit deficit, with essentially even odds to defeat Jakarta governor Joko Widodo (‘Jokowi’) in tomorrow’s election.

Yudhoyono also came to democratic politics from the Indonesian military, where he developed a reputation as a particularly thoughtful general. Like Prabowo, Yudhoyono has been sullied by his leadership role in the Indonesian National Armed Forces (TNI, formerly ABRI) and its misconduct in East Timor from the 1970s through the 1990s. But Prabowo has been tied to specific abuses in East Timor, including a troubling 1983 massacre in a village called Kraras:

But in recent months allegations of human rights violations involving Prabowo have intensified. Jemma Purdey voiced the opinion that as an soldier Prabowo had four tours to East Timor and led units that were “involved in some very extreme instances of violence”. Many believe that Prabowo also played a role in the 1983 massacre in Kraras, known as the village of widows, which killed many East Timorese. Prabowo protested in the strongest terms and refuted the scurrilous allegations in a letter to the editor of The Jakarta Post on Dec. 27, 2013.

Despite Prabowo’s protestations of innocence, those questions will continue to haunt any Prabowo administration, as will more well-documented accusations of human rights abuses in 1998, when Prabowo is said to have kidnapped and possibly tortured pro-democracy activists, are among the reasons the United States denied him a tourist visa in 2000. Continue reading What Indonesia’s election means for Timor-Leste

Is Ghani’s Afghan preliminary electoral victory a fraud?

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Afghanistan’s election officials have announced the results of the country’s June 14 presidential election, and the surprising winner seems to be former finance minister Ashraf Ghani Ahmadzai, who trailed widely after the results of the April 5 first roundafghanistan flag

The provisional result gives Ghani (pictured above) 56.44% of the vote, while rival Abdullah Abdullah won 43.56%.

It’s actually not so incredibly surprising in light of Abdullah’s denunciation over the past weeks of the vote-counting process, a sure sign that Abdullah realized he was in danger of losing the race.

On June 18, just four days after the election, Abdullah called for a suspension in the vote count by the Independent Election Commission, arguing that votes were counted in areas where voting hadn’t even taken place due to security problems.

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RELATED: Afghanistan hopes for calm as
key presidential election approaches

RELATED: Why there’s reason for optimism
about the Afghan troop drawdown

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Five days later, on June 23, Zia ul-Haq Amarkhail, the secretary-general of the IEC, resigned, an implicit admission that there’s at least some substantive basis to the fraud charges. The IEC delayed the original announcement of preliminary results, due on July 2, for five more days to investigate further the charges of voter fraud. As the BBC reports, votes are being re-checked at more than 7,000 polling stations, amounting to nearly one-third of all voting stations, and the commission will check nearly 4 million votes in an election that drew just 6.6 million voters in the first round:

Chief election commissioner Ahmad Yusuf Nuristani stressed that the results were not final and acknowledged that there had been “some mistakes in the overall process”.

“It is only initial results,” he told a news conference in Kabul. “There is a chance of change in the overall figure…. The announcement of preliminary results does not mean that the leading candidate is the winner.

“We announced preliminary results today and it is now the complaints commission’s duty to inspect this case.”

The next hurdle comes on July 22, when final results are due to be announced. In the next 15 days, supporters of both candidates are likely to amplify their calls of fraud and other recriminations in a country that’s still facing a Taliban insurgency that, even in the most optimistic scenario, will present a challenging obstacle to Afghanistan’s next government when most US forces leave at the end of this year. US officials largely believe that either Ghani or Abdullah would be acceptable successors to outgoing president Hamid Karzai, who has become increasingly disenchanted with the administration of US president Barack Obama. Both Ghani and Abdullah, for example, have pledged to enact a status-of-forces agreement with the United States that envisions a security presence beyond 2014.

So what’s going on in Afghanistan? After the first round of voting in the spring appeared largely to avoid the mistakes of the disastrous 2009 presidential election, the country now faces a protracted battle between Ghani’s chiefly Pashtun supporters and Abdullah’s chiefly Tajik supporters.

Continue reading Is Ghani’s Afghan preliminary electoral victory a fraud?

Amid Iraqi turmoil, Kurdistan settles new regional government

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The conventional wisdom is that with the growing crisis in the rest of Iraq, Iraqi Kurdistan has never been better.iraq flag iconkurdistan

‘Better’ is a relative term, of course.

But for a region that also features severe corruption, intense political rivalries, a bloated and unaffordable public sector and fiscal dependence (for now, at least) on Baghdad, Iraqi Kurds have reason for optimism.

With Kurdish peshmerga forces in full control of Kirkuk, the Kurdish regional government can now lay claim to the entire historical region of Iraqi Kurdistan. Former Iraqi president Saddam Hussein, notorious for his crackdown against Kurdish identity and nationalism, encouraged Arabs to relocate to what Kurds (and Turkmen) consider their cultural capital.

Under Article 140 of Iraq’s newly promulgated 2005 constitution,  the national government is obligated to take certain steps to reverse the Saddam-era Arabization process and thereupon, permit a referendum to determine whether Kirkuk province’s residents wish to join the Kurdistan autonomous region. Like in many areas, from energy to electricity to education to employment, Iraq’s national government has made little progress on the Kirkuk issue. Kurdish leaders now say they will hold onto Kirkuk and its oil fields until a referendum can be arranged. Realistically, there’s little that Baghdad can do to reverse Kurdish gains.

That, in time, will give Iraqi Kurdistan the oil revenues that it needs for a self-sustaining economy, in tandem with growing Turkish economic ties that crested last year with the completion of a pipeline between Kurdistan and Turkey that allows the Kurdish regional government to ship crude oil out of Iraq without Baghdad’s approval.

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RELATED: Don’t blame Obama for Iraq’s turmoil — blame Maliki

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In that regard, the rise of the Islamic State of Iraq and the Levant (ISIS or ISIL, الدولة الاسلامية في العراق والشام, ad-Dawla al-Islāmiyya fi al-’Irāq wa-sh-Shām‎), which now controls much of northern and northeastern Iraq, including much of al-Anbar province and northern cities like Mosul and Tikrit, has been a boon for the cause of Kurdish nationalism.

ISIS, which has newly re-christened itself simply the ‘Islamic State’ (الدولة الإسلامية‎), has declared a 21st century caliphate over the territory it holds in Iraq and in eastern Syria, with ambitious, if unrealistic, designs on Baghdad and parts of Jordan, Lebanon and Saudi Arabia:

ISIS

Sentiment is so heady these days that the Kurdish regional president, Massoud Barzani (pictured above), despite the hand-wringing of US and Turkish officials, has called for a referendum on Kurdish independence — in months, not years:

We will guard and defend all areas of the Kurdish region – Kurd, Arab, Turkmen, Assyrian, Chaldean, all will be protected. We will endeavor to redevelop and systematize all regions of Kurdistan. We will use our oil revenue to create better and more comfortable living conditions for our citizens. And until the achievement of an Independent Kurdish State, we will cooperate with all to try to find solutions to the current crisis in Iraq. With all our might, we will help our Shia and Sunni brothers in the fight against terrorism and for the betterment of conditions in Iraq – although this is not an easy task.

Amid that backdrop, the various political parties formed a new Kurdish regional government last week, two months after Iraqi national parliamentary elections in Iraq and fully nine months after Kurdish regional elections.

As the United States leans on the Iraqi parliament to form a new government quickly, in order to combat more effectively the ISIS threat in Sunni-dominated Iraq, the Kurdish example is instructive. If it took nine months to reconstitute the Kurdish regional government, is it plausible to expect Shiites, Sunnis and Kurds to form a national government, under crisis conditions, in just two months?

Even under calmer conditions in 2010, it took Iraqi prime minister Nouri al-Maliki nine months of coalition talks to build Iraq’s previous government. Though Maliki’s Shiite-dominated State of Law Coalition (إئتلاف دولة القانون) won the greatest number of seats after the April parliamentary elections, many Iraqis fault his heavy-handed style for the sectarian crisis in which Iraq now finds itself.

In the first meeting of Iraq’s 325-member Council of Representatives (مجلس النواب العراقي‎) last week, Sunnis and Kurds alike walked out on Maliki, and there’s not much hope that a second session on Tuesday will result in additional progress.

Continue reading Amid Iraqi turmoil, Kurdistan settles new regional government

Don’t rule out Sarkozy just yet for 2017 comeback

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At the rate that the French political elite is going, Dominique Strauss-Kahn might be the last palatable option standing to challenge nationalist Marine Le Pen in the 2017 election.France Flag Icon

The decision by French prosecutors to open a formal investigation into former president Nicolas Sarkozy today, following his detention on Tuesday for questioning, is certain to rupture Sarkozy’s comeback plans to lead the French center-right in the April 2017 presidential election, leaving both major parties sullied by unpopular, unimaginative and possibly corrupt leadership.

But even as French and global analysts begin writing Sarkozy’s obituary, the current investigation, which involves Sarkozy’s alleged attempts to trade a job in plush Monaco to a judge in exchange for illegal information relating to another investigation, may not necessarily torpedo Sarkozy, even as the former president faces additional legal troubles in related corruption cases.

That will be especially true if Sarkozy is ultimately exonerated, given the aggressiveness with which French investigators have pursued Sarkozy. If he’s not found guilty, the investigations could actually strengthen Sarkozy, allowing him to play victim against an aggressive, out-of-control French judicial system. That’s a well-worn path that’s worked for other European leaders in the past, including former Italian prime minister Silvio Berlusconi. Sarkozy has already compared the phone-tapping to East German Stasi tactics, and he appeared on French television Wednesday night to blast the ‘political exploitation’ of the legal system.

Nevertheless, Sarkozy will find it difficult to proceed with plans to retake the presidency of his center-right Union pour un mouvement populaire (UMP, Union for a popular movement) later this year. Sarkozy is believed to be keen on returning to the UMP presidency in light of former UMP president Jean-François Copé’s resignation in late May, related to accusations of falsifying 2007 campaign invoices to evade spending limits. 

The current scandal revolves around phone taps that revealed conversations between Sarkozy and his attorney, Thierry Herzog. Those taps, however, were originally designed to gather information about whether Sarkozy’s 2007 campaign was illegally financed with up to €50 million from former Libyan president Muammar Gaddafi. 

The Herzog conversations, however, relate to yet another scandal, the  Bettencourt affair, in which L’Oréal heiress and socialite Liliane Bettencourt may have ferried illegal funding to Sarkozy’s reelection efforts. Though investigators ruled out charging Sarkozy in the Bettencourt matter, the case revolved around the admissibility of Sarkozy’s presidential diaries.

Sure, that’s a lot of scandal and a lot of circumstantial noise surrounding Sarkozy. But what happens if Sarkozy actually goes to jail?  Continue reading Don’t rule out Sarkozy just yet for 2017 comeback

After two failed efforts, Park turns back to Chung Hong-won as PM

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Six weeks after the horrific ferry accident in South Korea that killed 300 people, and following two failed attempts to find a new prime minister, president Park Geun-hye (박근혜) has decided to retain Chung Hong-won (정홍원) after all.South Korea Flag Icon

Chung (pictured above) previously announced his resignation as prime minister on April 27, taking responsibility for the government’s performance in the aftermath of the Sewol ferry disaster, with the intention of stepping down as soon as Park could appoint a successor.

But along the way, Park ran into trouble.

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Her first nominee, Ahn Dae-hee (안대희), a longtime state prosecutor and a former South Korean supreme court justice appointed by the late former president Roh Moo-hyun in 2006, was nominated on May 22.

But Ahn (pictured abovewithdrew a week later on ethics concerns over the massive amount of money he earned in the months after leaving the supreme court.

문창극 국무총리 후보자 '첫 출근'

Her second nominee, Moon Chang-keuk (문창극), a former journalist and former editor of Joongang Daily, withdrew from consideration on June 24, after making comments at a church that Japanese colonization of Korea between 1910 and 1945 was God’s will, something of a controversial statement where Korean-Japan relations in the early 20th century still cause tensions. 

It didn’t help that many South Koreans felt Moon (pictured above) was unqualified to be prime minister, nor that Moon had often expressed nostalgic admiration for the regime of Park’s authoritarian father, Park Chung-hee (박정희), who ruled South Korea from 1961 to 1979. 

Neither candidate even made it to a vote in the National Assembly (대한민국 국회).

Accordingly, in exasperation, Park announced late last week that she will retain Chung, a novel approach that has the benefit of giving South Korea a permanent government for the first time in six weeks, and it clears the way for the confirmation hearings of nine additional cabinet members. Continue reading After two failed efforts, Park turns back to Chung Hong-won as PM

Indonesia’s Prabowo all but declares he’ll become ‘Suharto 2.0’ if elected

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Almost overnight, Indonesia’s July 9 presidential election has transformed into a contest over the very future of democracy in the world’s fourth-most populous country.Indonesia Flag

Prabowo Subianto, the nationalist leader of Gerindra (Partai Gerakan Indonesia Raya, the Great Indonesia Movement Party), has narrowed what, just last month, was a double-digit deficit to become Indonesia’s next president. Polls suggest that the lead Jakarta governor Joko Widodo (‘Jokowi’) once enjoyed has narrowed or dissipated altogether.

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RELATED: Will Prabowo Subianto become Indonesia’s next president?

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But as Prabowo’s campaign has gained so much momentum over the past month, he’s becoming even more explicit about his views on democracy — and those views aren’t incredibly positive, according to remarks Prabowo (pictured above) made over the weekend:

[Prabowo said] elites presume that Western ideas such as one man, one vote and direct elections for provincial and national leaders are the best on offer. “Even though they’re not appropriate for us. Like direct elections — we’ve already gone down that path. But it’s like someone addicted to smoking; if we ask them to stop, the process will be difficult,” Prabowo said.

“I believe much of our current political and economic systems go against our nation’s fundamental philosophy, laws and traditions, and against the 1945 Constitution,” he said. “Many of these ideas that we have applied are disadvantageous to us, they do not suit our culture,” Prabowo said.

The 1945 constitution, it’s worth noting, is the founding document that allowed the rise of Sukarno, Indonesia’s first post-independence leader (who conveniently dismissed the country’s parliament and often invoked ‘temporary’ emergency rule), and the rise of Suharto, the strongman who reoriented Indonesia away from Soviet influence and toward a slightly more liberal path between the 1960s and his overthrow in 1998. It allows for the president to declare emergency rule, thereby suspending typical constitutions protections, provides for an indirectly president by the Indonesian legislature, and it precedes the constitutional amendments of the post-1998 regime that have greatly decentralized power from Jakarta to Indonesia’s provinces.

Though Prabowo hasn’t expressly said that he’d like to end direct elections in Indonesia, he’s made enough statements dismissing democracy and other ‘Western ideas’ that it’s worthy of concern.  Continue reading Indonesia’s Prabowo all but declares he’ll become ‘Suharto 2.0’ if elected

Ruling Democrats in Indonesia endorse Prabowo

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In a stunning surprise that highlights the shifting momentum in  Indonesia’s presidential election, the ruling party of outgoing president Susilo Bambang Yudhoyono (‘SBY’) has endorsed the presidential campaign of former general Prabowo Subianto.Indonesia Flag

Though many members of the Partai Demokrat (PD, Democratic Party) were already sympathetic to Prabowo’s campaign, its leaders indicated that the party would take a wait-and-see approach to the election earlier in the spring, when polls showed that Jakarta governor Joko Widodo (‘Jokowi’) would win the presidency by a wide margin.

Over the past month, the race has tightened as Prabowo (pictured above, left, with SBY, right) has waged a spirited campaign, high on economic nationalism and populism, and relentless in his attacks on Jokowi’s relative inexperience.

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RELATED: Will Prabowo Subianto become Indonesia’s next president? 

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The PD’s embrace is not so incredibly important from an organizational standpoint because the Democrats, founded by SBY in 2004, are still a relatively new force in Indonesian politics, and there’s no guarantee the party will even survive SBY’s retirement. Accordingly, the Democrats lacks the local grassroots structure of Jokowki’s Indonesian Democratic Party of Struggle (PDI-P, Partai Demokrasi Indonesia Perjuangan), which dates to the socialist government of Sukarno in the 1950s and Golkar (Partai Golongan Karya, Party of the Functional Groups), which dates to Suharto’s ‘New Order’ regime that spanned from 1967 to 1998. Continue reading Ruling Democrats in Indonesia endorse Prabowo

Photo of the day: Manmohan Singh in defeat

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From Scroll.in comes this piercing photo of former Indian prime minister Manmohan Singh in January, four months before the landslide election that delivered to Singh’s ruling Indian National Congress (Congress, भारतीय राष्ट्रीय कांग्रेस) its worst defeat in Indian history.India Flag Icon

Raghu Rai, a photographer and journalist, captured images of both Singh and India’s current prime minister Narendra Modi for his new book, The Tale of Two: An Outgoing and An Incoming Prime Minister.

The photos of both candidates are compelling, but the shots of Singh are particularly so, coming after a decade as prime minister that most Indians (and non-Indians) consider disappointing.

An economist by training, Singh made his international reputation as the finance minister in the government of P. V. Narasimha Rao between 1991 and 1996, spearheading the most thoroughgoing set of economic liberalization reforms in India’s post-independence history.

When Sonia Gandhi, the Italian-born widow of former prime minister Rajiv Gandhi and daughter-in-law of former prime minister Indira Gandhi, demurred from taking the premiership after Congress won a surprise victory in the 2004 parliamentary elections, she turned to Singh instead, boosting hopes that India might enact further reforms, especially with respect to liberalizing foreign development. It also gave India its first leader from the Sikh community.

But those economic reforms never happened, which voters didn’t seem to mind in Congress’s first term. After all, the economy was still growing at breakneck speed and Indian voters hadn’t become acquainted with the dozens of scandals (e.g., Coalgate, the 2g spectrum scandal) that would come to define Congress’s second term, which Singh and Gandhi won easily enough in 2009 under the steam of India’s stellar growth.

Continue reading Photo of the day: Manmohan Singh in defeat

Will Prabowo Subianto become Indonesia’s next president?

Prabaho Subianto

Joko Widodo has the opposite problem of US president Barack Obama, whose more unhinged opponents claim that Obama, who spent four years of his childhood in Indonesia, is secretly a Muslim.Indonesia Flag

In Indonesia’s presidential race, it’s the young Jakarta governor who has to assure voters he’s a Muslim and not, as the dirty-trick accusations suggest, a secret Christian.

With the campaign to elect Indonesia’s next president in full gear, everyone assumed that the political phenomenon that is Widodo (know universally in Indonesia as ‘Jokowi’) would easily win on July 9.

Though the race was invariably set to tighten, it’s now a toss-up — and Prabowo Subianto (pictured above), a Suharto-era ‘military strongman,’ may yet manage to steal an election that’s long been considered Jokowi’s to lose.

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RELATED: In Indonesia, it’s Jokowi-Kalla against Prabowo-Hatta

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Jokowi’s meteoric rise began with his surprise election as Jakarta’s governor in September 2012. Since then, he’s accomplished an astonishing amount of policy reforms, including the implementation of a universal health care program for Jakarta.

Going into the April parliamentary elections, the Indonesian Democratic Party of Struggle (PDI-P, Partai Demokrasi Indonesia Perjuangan) named Jokowi as its presidential candidate, ending months of speculation with an announcement designed to maximize  excitement over Jokowi’s presumed candidacy — and also foreclosing the possibility that former president Megawati Sukarnoputri would make a third consecutive run.

Though the PDI-P won the April elections, it didn’t do nearly as well as polls indicated, garnering just 18.95% of the vote, narrowly leading Golkar (Partai Golongan Karya, Party of the Functional Groups), the vaguely liberal party founded by Indonesia’s late 20th century strongman, Suharto. Golkar continues play a strong role in Indonesian politics today, most recently as the junior partner in the government led by Susilo Bambang Yudhoyono (‘SBY’) since 2004.

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RELATED: ‘Jokowi’ effect falls flat for PDI-P in Indonesia election results

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Yudhoyono is term-limited after winning the 2004 and 2009 presidential elections in landslide victories, though he’ll leave office with somewhat mixed ratings. His own party, the Partai Demokrat (Democratic Party) won just 10.2% in the April legislative elections, falling to fourth place overall. 

Golkar, in turn, only narrowly outpaced Prabowo’s party, the nationalist Gerindra (Partai Gerakan Indonesia Raya, the Great Indonesia Movement Party), which he formed in 2008 when he left Golkar, hoping to use a new party vehicle to power his own 2009 presidential run.

For much of 2013, earlier this year, and even after the parliamentary elections, Jokowi led every poll survey in advance of the July 9 election. But Prabowo, age 62, has hammered against Jokowi, age 53, for his relative inexperience, chipping away at what’s perhaps Jokowi’s chief strength — his novelty, reformist instincts, and the lack of any trace of corruption.

Prabowo is neither novel nor reformist nor corruption-free.

He’s a battle-toughened veteran of Indonesian politics, who has shifted from one alliance to another over the past decade.

Some critics argue that he’s essentially ‘Suharto 2.0’ — or worse.

Most publicly available polls from May and early June still show Jokowi with a lead, sometimes even with a double-digit lead. But there’s a sense that, as the parties engaged in post-April elections over alliances and running mates, and as Prabowo and Jokowi have engaged on the campaign trail and in three of five scheduled presidential debates, the race is tightening — and the momentum is with Prabowo. Dirty tricks, including rumors that Jokowi is Christian and that Jokowi is Chinese, have marked the campaign in its final weeks.

it’s hard to know exactly where the candidates stand because polling is still unreliable in Indonesia and, moreover, there’s been a lack of recent polls from more reliable pollsters. But a poll taken between June 1 and 10 by the DC-based International Foundation for Electoral Systems and the Indonesian Survey Institute found 42% of Indonesian voters support Jokowi and 39% support Prabowo, with 19% undecided. Other pollsters are rumored to have withheld polling that shows Jokowi’s lead sharply narrowing or, in some cases, a Prabowo lead.

In opposition since leaving Golkar six years ago, Prabowo has powered Gerindra into a force in Indonesia with a platform of populist rhetoric high on economic nationalism in a country with particular anxiety about global markets since the 1997-98 Asian currency crisis that caused a 13% contraction in the Indonesian economy in 1998, precipitating Suharto’s downfall after three decades in power.

So who is Prabowo? And how would he govern Indonesia differently than Jokowi?   Continue reading Will Prabowo Subianto become Indonesia’s next president?

European Council proposes Juncker as Commission president

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Bowing to pressure from European parliamentary leaders, the European Council has proposed as its candidate for the presidency of the European Commission Jean-Claude Juncker, the former prime minister of Luxembourg and former head of the Eurogroup, the informal gathering of the eurozone finance ministers. European_Union

That makes it virtually certain that the European Parliament will elect Juncker (pictured above) as the next Commission president, likely with the full support of the two major pan-European parties in the Parliament, Juncker’s own center-right European People’s Party (EPP) and the center-left, social democratic Party of European Socialists (PES). It also likely means that the PES candidate for the Commission  presidency, Martin Schulz, will become the Commission vice president. 

It’s obviously a defeat for British prime minister David Cameron who, just last week, was still holding out hope that he could pull together a blocking minority to keep Juncker from receiving the Council’s endorsement. But by the time the Council gathered to vote, only Hungarian prime minister Viktor Orbán joined Cameron in opposing Juncker. Not only did Cameron fail to win over allies, he failed to keep both Dutch prime minister Mark Rutte and Swedish prime minister Frederik Reinfeldt, neither of whom are enthusiastic about the prospects of a Juncker candidacy.

Contacted by a reporter for the Moscow-based RIA Novosti earlier today, I had a chance to put together some quick thoughts on what the Juncker decision means. Here are my real-time responses, which will double as my real-time analysis on where things go from here.  

On how the choice reflects the European parliamentary elections on May 25:

The choice reflects the fact that Juncker was the candidate of the European People’s Party, the pan-European group of center-right, Christian democratic parties, and the EPP won the greatest number of seats in the European parliamentary elections on May 25. The EPP nominated Juncker as its candidate for the European Commission presidency prior to the May 25 parliamentary elections, just as several other European parliamentary parties nominated their own candidates. The candidates — the German term ‘Spitzenkandidaten‘ developed widespread use across Europe — campaigned throughout the spring, and they participated in a set of debates on the EU’s future.

Under the Lisbon treaty, the European Council is supposed to ‘propose’ a candidate for Commission president, which will be ‘elected’ by the European Parliament, with the Council ‘taking into account’ the results of the parliamentary election. No one knows exactly what that means, but Juncker and the other parliamentary leaders believe firmly that the Council must propose Juncker as its candidate. In so doing today, the Council has set an important precedent for future parliamentary elections, though national leaders will be loathe to admit it.

Proponents of the Spitzenkandidaten system argue that Juncker represents the will of the European electorate, because he’s the candidate of the party that won the most votes, but it’s not so simple as that. There’s no real indication that the majority of European voters were voting on the basis of this or that Commission presidential candidate. Voter turnout has dropped significantly since the first European elections in 1979, and voters often cast their ballots on the basis of national governments or other factors. To the extent there was a unifying theme to the elections, it was the rise of euroscepticism on both the far right and the far left, with the victories of groups like the United Kingdom Independence Party, France’s Front national (National Front) and Denmark’s Dansk Folkeparti (People’s Party). Whatever ‘mandate’ you take away from the European elections, it’s hard to argue there’s a groundswell of genuine democratic support for Juncker. It was only last October that Juncker’s own center-right Christian Social People’s Party suffered so many losses in Luxembourg’s national elections that he was forced out as prime minister after 18 years.

Continue reading European Council proposes Juncker as Commission president

Hong Kong: One country, one-and-a-half systems?

Downtown Hong Kong from Victoria Peak

Normally, an unofficially referendum conducted online isn’t worth paying much attention — just ask the residents of Venice who organized a deeply flawed, overwrought poll on Venetian independence that attracted just 135,000 participants after initially claiming 2.4 million.Hong Kong Flag IconChina Flag Icon

But it’s worth noting the ongoing online referendum that the Hong Kong-based ‘Occupy Central with Love and Peace’ has organized, because it’s one element of a larger struggle between democracy activists and Beijing that could have major repercussions — not only for Hong Kong, but for the future political development of Macau, the Chinese mainland and, possibly, Taiwan.

Occupy Central’s chief goal is to open the nominating process for the 2017 election of Hong Kong’s chief executive. Hong Kong’s Basic Law, promulgated prior to the 1997 handover to govern the Hong Kong special administrative region, provides for the eventual democratic election of a chief executive. It’s a development that dates back over two decades to the negotiations between the British and Chinese governments over the 1997 handover. Ten years ago, Chinese officials finally relented and committed to some form of universal suffrage for the 2017 race.

Trouble began brewing earlier this month, however, when Beijing released a provocative ‘white paper’ on Hong Kong that took an aggressive posture with respect to Hong Kong’s future:

Published by the State Council Information Office, the unprecedented white paper states that “many wrong views are currently rife in Hong Kong” with regard to the “one country, two systems” principle that governs the territory’s relationship with Beijing. Some residents are “confused or lopsided in their understanding” of the principle, it adds.

“The high degree of autonomy of the HKSAR (Hong Kong Special Administrative Region) is not full autonomy, nor a decentralized power,” said the paper. “It is the power to run local affairs as authorized by the central leadership.”

Local media have gone so far as to describe the white paper as an outright repudiation of the ‘one country, two systems’ principle that has guided China-Hong Kong relations since Deng Xiaoping (邓小平) coined the concept in the 1980s during the initial handover negotiations. Continue reading Hong Kong: One country, one-and-a-half systems?

EU rewards Rama, Albania with candidate status

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Maybe the decision to hire former British prime minister Tony Blair as an advisor to Albania’s new government was an astute move after all.albania

The European Council will formally name Albania as a candidate for eventual EU membership at its summit this weekend, following a decision by British prime minister David Cameron to allow Albania’s candidacy to move forward on its fourth attempt to win candidate status since 2009. As the EU membership negotiations unfold for Albania, as well as for other Balkan countries such as Serbia and Montenegro, Cameron is expected to seek carve-outs that make it more difficult for laborers from new EU member-states to enjoy free movement throughout the EU single market.

The move follows a largely successful parliamentary election in June 2013 and aggressive steps by Albania’s new, energetic prime minister Edi Rama (pictured above, left, with Blair, right) to stamp out corruption and organized crime. Albanian police moved last week, for example, to subdue Lazarat, a village in southern Albania that’s known as a chief source of marijuana throughout Europe, with an estimated annual production of €4.5 billion. Continue reading EU rewards Rama, Albania with candidate status

Ready or not, Libyan voters will elect a new parliament

Hiftar

Amid growing political turmoil, during which the interim General National Congress (GNC) has lost even the pretense of control, Libyans will vote for a new ‘permanent’ parliament in elections tomorrow as the country slides into ever greater insecurity.Libya_Flag_Icon

Since the ousting of Muammar Gaddafi in August 2011, repeated attempts to introduce a measure of effective governance have failed, first by the National Transitional Council, and now by the GNC.  

On the eve of Libya’s elections, international observers say the voting was organized much too hastily and without adequate preparation. The risk is that, following the July 2012 elections for the GNC and the February 2014 constituent assembly elections to appoint a body to write Libya’s new constitution, a third set of botched elections could further undermine democracy. That’s especially true if voters in the eastern Libya of Cyrenaica don’t particularly bother to turn out. Just 1.5 million voters have registered to participate in the elections, down from the 2.865 million voters that registered for the 2012 vote. If those numbers hold up, turnout tomorrow will be much lower than the 1.76 million that participated in July 2012.

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RELATED: Libya hits new security low as interim prime minister resigns

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Rather than wait for a new constitution to come into effect, the GNC hastily renamed itself the ‘House of Representatives,’ and late last month announced elections for June 25 to elect 200 members to the newly formed parliament. The GNC acted under considerable pressure from militia forces loyal to former Libyan general Khalifa Hifter (pictured above), who is waging an increasingly effective campaign, chiefly in Benghazi, to eliminate Islamists and Islamist-sympathetic militias throughout the country.

Since the collapse of former prime minister Ali Zeidan’s government in March, Libyan governance has essentially crumbled. Zeidan, a liberal human rights attorney who lived in Geneva before returning to Libya after the 2011 civil war, was first elected prime minister in November 2012 after a contentious vote within a body that, from the outset, was severely divided between liberals and Islamists. Though elected with the support of liberals, Zeidan only narrowly defeated Mohammed Al-Harari, the candidate of the Islamist Justice and Construction Party (حزب العدالة والبناء), the political wing of Libya’s Muslim Brotherhood. 

Over the course of his premiership, Zeidan presiding over an increasingly fractious interim government that gradually lost control of much of the country outside Tripoli. In fairness to Zeidan, it’s not clear if any government could have effectively asserted control over Libya over the past two years. As security increasingly faltered, Zeidan himself was kidnapped from a Tripoli hotel in October 2013 and held for hours in an aborted coup attempt.

The final straw for Zeidan came earlier this year when, after growing tensions with conservative militias in Benghazi, eastern rebels commandeered an oil tanker, the Morning Glory, and sailed it halfway across the Mediterranean Sea before US Navy SEALS apprehended it. Though Zeidan initially fled Libya, he returned earlier this week, claiming that he is still legally Libya’s prime minister.

His successor, former defense minister Abdullah al-Thinni, tried to step down nearly a week later as interim prime minister after an attempt on his life. The GNC’s replacement candidate, Ahmed Maiteeq, a Misrata native and businessman, was disputed, and Libya essentially had two competing potential prime ministers until the Libyan supreme court ruled on June 9 that Maiteeq’s election was invalid, thereby restoring the reluctant al-Thinni as interim prime minister.

Hifter’s rise has coincided with the political and security tumult. With significant support in western Libya, militia forces loyal to Hifter effective shut down the GNC earlier this spring, accelerating the decision to hold what amounts to snap elections for the new parliament. Today, Hifter’s leading the most notable anti-militia effort in Benghazi, after declaring himself the leader of ‘Operation Dignity’ in mid-May. Though Hifter’s offensive isn’t sanctioned by the GNC (nor by al-Thnni nor Zeidan nor Maiteeq), his efforts haven’t necessarily been unwelcome by some members of the Libyan government, notably within the interior ministry, which has struggled to implement law and order on a nationwide basis.

Critics worry, however, that Hifter has aims to become a new Gaddafi-like dictator. Hifter has expressed high regard for Egypt’s newly elected president, former army chief Abdel Fattah El-Sisi, especially regarding el-Sisi’s crackdown on the Muslim Brotherhood within Egypt. Critics worry that Hifter is launching a military offensive to win the same kind of quasi-authoritarian power that El-Sisi now enjoys in Egypt.

Intriguingly, Hifter is actually a US citizen. Once a Gaddafi partisan,  Hifter led a disastrous military campaign in the 1980s in Chad. After his defeat and his subsequent capture by Chadian forces, Hifter joined forces with the anti-Gaddafi opposition and fled to exile, living in northern Virginia between 1990 and 2011, when he returned to Libya to help lead the anti-Gaddafi rebel forces. He was initially mistrusted by other leading rebel generals, however, and he’s the subject of significant speculation that he once worked with US military or other clandestine government officials.

That means, as national voting takes place, Hifter’s forces are engaged in a dangerous showdown in Libya’s second-largest city against Ansar al-Sharia (كتيبة أنصار الشريعة), an Islamist militia that wants to adopt harsh shari’a law across Cyrenaica, the oil-rich region that’s home to Benghazi, if not the entire country.

But it’s not the only place where violence is marring the election campaign. In Sabha, the historical capital of the southern Fezzan region,  largely desert and sparsely populated, a parliamentary candidate was killed by gunmen on Tuesday.

Libya Regions

Ibrahim al-Jathran, another militia leader, who also fought to topple Gaddafi in the 2011 civil war, last summer took control of four eastern ports, thereby shutting down much of the Zeidan government’s ability to export oil. In a deal with Libya’s interim government soon after Zeidan’s ouster, Jathran permitted two of the ports to reopen, but oil production is still just around 12.5% of Gaddafi-era levels, gas stations in Tripoli are closed, and Libya remains subject to recurring power outages.

Despite some temporary progress, Jathran still advocates a much more autonomous Cyrenaica, if not outright independence. Though Cyrenaica is home to 1.6 million people (the bulk of Libya’s 5.7 million people live in Tripolitania, along Libya’s northwestern coast), much of Libya’s oil wealth is located in the eastern region.

As if that weren’t enough, US special forces last week arrested Ahmed Abu Khattala, a Benghazi-based militia leader believed to be responsible for the September 2012 attack on the US consulate in Benghazi. Though Khattala’s arrest was widely hailed in the United States, Libyans have largely decried what they call the US’s violation of Libya’s national sovereignty. 

All of these issues — the standoff between Hifter and Ansar al-Sharia, Khattala’s arrest, the blockage of the country’s dwindling oil exports — threaten to dwarf this week’s election. The February elections to appoint the constitutional constituency assembly attracted just 500,000 voters. If the June 25 parliamentary elections feature similarly low turnout, it will be hard to argue that any party or group will have won much of a mandate for anything.

That’s especially true if Islamists, which have typically been the most organized forces in elections held across North Africa since the Arab Spring revolts of early 2011, win the largest share of seats in tomorrow’s vote. That could empower Islamist militias in Cyrenaica and beyond, setting the scene for a long war of attrition between Hifter’s supporters and Islamist militias.

Even before Zaidan took power, Libya has struggled in the post-Gaddafi era to form a coherent government, in no small part due to the failure of the Gaddafi regime to establish truly national institutions in Libya, where he came to power in a 1969 military coup, just 18 years after the country won full independence from British and French oversight.  Under both Ottoman rule, beginning in 1510, and Italian rule, between 1912 and 1947, Tripolitania and Cyrenaica were governed as discrete provinces, with modern ‘Libya’ taking shape chiefly as a political construct in 1951. Up until independence, when the British relinquished full sovereignty over Tripolitania and Cyrenaica, the French were administering Fezzan separately.

Mahmoud Jibril, a secular liberal, served as Libya’s first interim leader, between March 2011 and October 2011 when he chaired the executive board of the National Transitional Council. He stepped down just three days after Gaddafi was captured and killed by a mob in Gaddafi’s own hometown of Sirte. Jibril leads the National Forces Alliance (تحالف القوى الوطنية‎), a very mildly Islamist, liberal group that won the largest group of seats in the GNC in the July 2012 elections. At the time, however, Jibril’s influence was at its peak, and no one expects his group to repeat the successes of the 2012 election.

Abdurrahim El-Keib was elected by the National Transitional Council in November 2011, and he guided Libya through the September 2012 election of the interim GNC.

Photo credit to Reuters / Esam Omran Al-Fetori.

Abdelaziz wins reelection as Mauritania’s president

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Mauritania’s president Mohamed Ould Abdelaziz won a fresh term in elections on Saturday with 81.89% of the vote.mauritania flag

The outcome wasn’t particularly in doubt in the Sahelian country of 3.8 million.

Abdelaziz came to power in August 2008 in a coup against Mauritania’s elected president Sidi Ould Cheikh Abdallahi, who had been elected in a rare competitive election in 2007.

From within the military, Abdelaziz also played a key role in the coup that pushed Maaouya Ould Sid’Ahmed Taya out of power. Ould Taya had served as Mauritania’s prime minister or president consecutively from 1981 until his ouster in August 2005, which was supposed to pave the way for greater democratic participation and genuine multi-party democracy, leading to the 2007 elections.

But Mauritania’s experiment in democracy came to halt with the 2008 coup, a return to form in a country that has now seen six leaders ousted in coups since Mauritania won independence from France in 1960. 

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RELATED: Mauritania warily eyes internationalized
conflict in neighboring Mali

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A former general, Abdelaziz previously served as Abdallahi’s chief of staff at the time of the coup. Abdelaziz reaffirmed his power in a 2009 presidential election.

Perhaps Abdelaziz’s most important accomplishment has been his aggressive stand against radical Islam and Al Qaeda in the Islamic Maghreb (AQIM), which so effectively destabilized neighboring Mali in 2012 and early 2013. Despite a long, porous border with Mali, Abdelaziz preemptively attacked AQIM and associated forces, sometimes sending Mauritanian forces into Mali to rebuff jihadists. Continue reading Abdelaziz wins reelection as Mauritania’s president

What’s the factual basis for killing Awlaki?

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Though we don’t necessarily know incredibly much more about the US government’s factual basis for the targeted killing in September 2011 of Anwar al-Awlaki, a US citizen, the release of an Obama administration memo earlier today by a federal appeals court sheds new light on the administration’s legal rationale:USflag

A federal appeals court in New York on Monday made public a redacted version of a 2010 Justice Department memo that signed off on the targeted killing of an American citizen, Anwar al-Awlaki, without a trial, following Freedom of Information Act lawsuits. The memo, signed by David Barron, who was then the acting head of the department’s Office of Legal Counsel and is now a federal appeals court judge in Boston, concluded that it would be lawful to target Mr. Awlaki for killing if his capture was not feasible. Intelligence analysts had concluded that Mr. Awlaki was an operational terrorist.

The Obama administration fought the disclosure, initially refusing to confirm or deny the memo’s existence. In January 2013, a Federal District Court judge ruled that it could keep the memo secret. But in April, the United States Court of Appeals for the Second Circuit ruled that portions of the memo containing legal analysis — but not those compiling the evidence against Mr. Awlaki — must be made public.

The memo argues that 18 U.S.C. § 1119, which addresses the foreign killing of US nationals, must incorporate the public authority exception, and it further argues that the exception permits either the US Department of Defense and/or the US Central Intelligence Agency to carry out the contemplated operation against Awlaki. 

The memo also argues that Awlaki’s US citizenship doesn’t preclude DoD or CIA action, citing Hamdi v. Rumsfeld, the 2004 Supreme Court ruling that, subject to certain due process requirements, permits the detention of a US citizen as an ‘enemy combatant.’

Sharper legal minds will parse the contents of the memo, parts of which were redacted, and it presents many obviously difficult questions:

  • Even if the US military is justified in killing Awlaki under the public authority exception, the CIA’s justification is a lot more controversial because it’s a US government agency, not the military. The heavy redactions in the memo, as it relates to the CIA, make the Justice Department’s rationale unclear.
  • The US government’s statutory basis for targeting Awlaki lies in the  Authorization to Use Military Force Against Terrorists (AUMF), originally enacted in 2001, which authorizes efforts not only against al-Qaeda, but also against forces  ‘associated with’ al-Qaeda, including Al Qaeda in the Arabian Peninsula (AQAP). The argument is that this as true in Yemen (which, the Justice Department attorneys admit, is ‘far from the most active theater of combat’ between the United States and al-Qaeda.’) as it is in Afghanistan or anywhere in the world that al-Qaeda and ‘associated forces’ operate. But that broad global-battlefield interpretation isn’t universally accepted, even among many members of the US Congress that enacted the AUMF.
  • The memo contemplates that Awlaki’s US citizenship bestows some protections, even in Yemen, under the Fifth Amendment’s Due Process Clause and the Fourth Amendment. As regards the Fifth Amendment, the memo again points to Hamdi, which uses a Mathews v. Eldridge balancing test. In a scenario where a US citizen/enemy combatant poses a continued and imminent threat, the Justice Department attorneys argue that the public interest far outweighs the private interest of guaranteeing due process. Though the memo also acknowledges that Awlaki’s targeting constitutes a ‘seizure’ under the Fourth Amendment, the memo again points to the ‘reasonableness’ balancing tests elucidated by the Supreme Court in prior rulings on the constitutionality of seizures.

Nevertheless, the true heart of this case isn’t necessarily the black-letter legal reasoning, fascinating and controversial though it may be. Throughout the memo, the Justice Department attorneys essentially assume Awlaki’s guilt as fact. That’s fine, because no one was asking the Office of Legal Counsel to assess Awlaki’s guilt. But it’s one thing to argue that the AUMF applies in full force to the US government’s ability to target enemy combatants who are US citizens, and it’s quite another thing to argue that Awlaki was an enemy combatant in the first place.

Even if you are willing to defer to the Obama administration’s interpretation on all of the issues of the law involved — the applicability of the AUMF, the applicability of the public authority exception, the non-applicability of the Fifth Amendment, the Fourth Amendment or any mitigating factors that accrue on the basis of US citizenship — we still don’t know how the US government determines how a US citizen can be lawfully targeted for legal force.

The most relevant question, still unanswered, is how the US government concluded that Awlaki crossed the line from ‘preacher spewing noxious opinions’ to ‘operational al-Qaeda militant.’

First, what specific actions did Awlaki take that caused him to be enemy combatant?

Secondly, on the basis of what evidence did the US government determine that Awlaki was an enemy combatant?  

Finally, does anything about the process that the US government deployed in targeting Awlaki meet any kind of standards for due process, let alone those typically granted to US citizens under the Fifth Amendment?

On all three questions, we don’t know the answer because the Obama administration won’t release any information. Until and unless it does, the evidentiary standard for assassinating a US citizen abroad seems to be ‘when high-level government officials  conclude it.’ Continue reading What’s the factual basis for killing Awlaki?