With presidential elections in the island nation of the Maldives approaching in September, anxiety over an increase in gang-led violence is on the rise, despite the Maldives Police Service having successfully reduced crime on the streets of the capital, Male, in recent months. As in most fledgling democracies, political uncertainty can breed violent acts in an effort to achieve narrow political gains. The Maldives is no exception – just last year, the country was torn by weeks of political violent protests on the streets, and clashes between the police and protesters ending with the unexpected resignation of President Mohamed Nasheed. This uncertainty, combined with social issues such as high unemployment and rising cases of domestic violence, have resulted in a significant number of people joining gangs.

Last year, The Asia Foundation conducted a seminal study that revealed the diverse reasons why people join gangs, including unemployment, a need to belong, a search for brotherhood and identity, drugs, desire for an affluent lifestyle, and bullying at school. The study indicated that there are 20 to 30 violent gangs in Male with 50 to 400 members each. The findings also suggest that due to high levels of domestic violence, divorce, and broken homes, joining gangs has become a popular choice for Maldivian youth looking outside of traditional family structures for support and protection. Since then, the Foundation has been piloting a series of programs in partnership with the Maldives Institute for Psychological Services, Training, and Research (MIPSTAR), a local civil society organization, to counter the growth of gang-related violence. Since the program began in September 2012, 34 gang members from 11 different gangs from across the city of Male, some of whom were gang leaders, have voluntarily registered for the program and have been actively engaged since its inception. While this sampling is small, the preliminary results have been positive.

Gang members visit Kudabandos island, an hour-long ferry ride from Male, for a workshop organized by MIPSTAR.

Monthly meetings with the police to discuss grievances and strategies to address potential violence serve as a fulcrum to bring all gang members together. They come dressed neatly; arriving promptly to discuss among themselves the key issues that they would like to highlight in the monthly meeting with senior representatives from the Maldives Police Service. In the meeting last month, *Azim, who has been involved in gangs since he was 16 and is now a senior member, pointed out frustration over police harassment on the streets and arrests without evidence. He also said that being labeled a gang member results in closer scrutiny by the police officers, which he said was acceptable as long as they are not wrongfully arrested for crimes not committed by them.

These meetings with the police result in some honest reflection, with both parties proactively collaborating to find solutions to their respective challenges. The discussions reveal that one of the root causes for harassment and wrongful arrests were the beat police officers (police constables and sergeants who are permanently assigned to a neighborhood) who tend to view all gang members with suspicion and hostility. To help mitigate this, MIPSTAR is beginning to organize regular meetings with the beat officers to bridge the relationship between gangs and the police officers patrolling the streets of the city. While the program is still new, we hope that it will also contribute to addressing the trust deficit, which currently runs high.

The gang members also participate in vocational training courses of their choice, which is a mandatory feature of the program. The courses range from training to be a water sport and diving instructor, tour guide, and computer programmer to completing formal education. *Ahmed Mahruf, a past gang member who recently completed his three-month water sports course, said that as a water sport instructor he is ensured of a job with a good salary. Six such gang members, the majority of whom have criminal records, completed the water sports course last month and are currently employed as assistant instructors, under probation, with resorts close to Male. For them to secure regular jobs, the Maldives Police Service will issue a letter of recommendation to ensure their employability. This is a significant step as it helps drive down unemployment, one of the key issues perpetuating gang violence. The three most dangerous gang members as identified by the police are enrolled in O-Level (High School Diploma) programs and regularly seek individual counseling also offered in the program. They expressed that the present context is challenging. On the one hand, they want to engage actively in the program and reform themselves; but on the other hand, there is also a pressure to engage in illegal activities including contract violence.

The program also helps gang members form goals for their future and develop realistic plans to achieve them. This along with psychosocial support offered through individual and group counseling sessions which focus on understanding their interests and motivations, managing anger and frustration, and developing conflict resolution strategies to keep out violence, are critical for self-development.

The project office serves as a drop-in center for gang members participating in the program, and is open until midnight during the week. It provides them with their own space not only to hang out and discuss their concerns with each other and the counselors but also to support the implementation of the program. For example, Ahmed and Azim have developed a five-minute video slickly edited to showcase the session on how to develop new career skills. Azim regularly types out the monthly meeting notes with the police and other gang members. He is also supporting MIPSTAR with the study of gang violence in the two atolls of Laamu and Fuvamulah by bringing the local gang leaders and some of its members on board.

Though the program is in the early stages and the sampling very small, it is noteworthy that none of the 34 gang members associated with the program has committed a crime over the past seven months. Based on this pilot, the Foundation will soon expand the program to work with gangs in Laamu and Fuvamulah. While it’s too soon to tell for certain, based on what we’ve seen so far, we are hopeful that by reaching a far greater pool of potential and current gang members, this program can contribute to addressing some of the most pressing issues in the Maldives.

*Names have been changed for privacy.

Gita Sabharwal is The Asia Foundation’s deputy country representative in Sri Lanka. She can be reached at gsabharwal@asiafound.org. The views and opinions expressed here are those of the individual author and not necessarily those of The Asia Foundation.

Following the news on environmental issues here in China can be a grim business. The first months of 2013 alone brought coverage of January’s “airpocalypse,” when air pollution in Beijing reached historic levels; news of thousands of dead pigs floating in the Huangpu River, a primary source of Shanghai’s drinking water; and a new report indicating that China sees 1.2 million premature deaths each year due to outdoor air pollution – almost 40 percent of the world’s total of such deaths.

Air pollution in Beijing reached historic levels in early 2013. Photo by Matthew Pendergast.

Amid such bleak headlines, it can be easy to miss any kind of progress. However, a report released in late March does show progress on an issue that many experts consider crucial to long-term and sustained improvement of environmental outcomes: environmental information transparency.

The Pollution Information Transparency Index (PITI), published each year since 2009 by the Institute for Public and Environmental Affairs (IPE, a Chinese NGO founded in 2006) and the Natural Resources Defense Council, rates the performance of 113 Chinese cities on criteria reflecting standards for environmental information disclosure set by China’s Ministry of Environmental Protection (MEP) in 2008. In crucial measures promulgated that year, MEP authorized public access to environmental information, and required local environmental agencies and businesses to disclose information on environmental protection plans, environmental conditions, and environmental investigation results. The next year, in 2009, China’s State Council issued a regulation that obliges planning agencies to solicit public opinion on government plans that may negatively impact the environment or public interests.

2008 and 2009 were milestone years for environmental law in China. The work of IPE and others has shown that public disclosure of the sources and types of pollution in China can lead to real changes, whether by placing direct pressure on polluters or, in the case of manufacturers, by providing citizens and civil society organizations with information they can use to encourage multinational corporations to pressure their suppliers to clean up. And, encouragingly, the PITI score (averaged across all 113 cities) has improved each year since 2009. However, progress is uneven:  the scores show a wide gap between the best- and worst-performing cities, and the scores of several cities actually declined between the 2011 and 2012 reports.

For a number of years, The Asia Foundation has worked with national and local partners to strengthen open government information and public participation in decision-making in China. Under a new project focused specifically on environmental information transparency and participation in environmental decision-making, we are working to strengthen the capacity of local regulatory agencies and foster more constructive collaboration between government, civil society organizations, and business. In four pilot cities reflecting China’s diverse geographic, socioeconomic, and environmental conditions, the Foundation will collaborate with research institutes, government agencies, civil society organizations, and business associations to lead capacity-building programs for businesses, their regulators, and the civil society organizations that often serve as their watchdogs; will work with these stakeholders to collaboratively develop, test and refine local procedures implementing MEP’s 2008 measures; and will share best practices between cities and at the national level. The innovative PITI index, which captures a wide range of transparency indicators, is one of the key metrics that the Foundation and its partners will use to measure the impact of this project.

As delegates from around the country gathered in a smoggy Beijing in March for the meeting of the National People’s Congress, environmental issues were – out of necessity – front and center. Although the head of China’s Ministry of Environmental Protection was reappointed, he received the fewest affirmative votes of any minister. Days later, Li Keqiang, in his first speech as the country’s new premier, highlighted China’s environmental challenges and the government’s responsibility to ensure that economic growth does not continue to come at the expense of the environment and, ultimately, the health of the Chinese people. With growing public concern, instantaneous sharing of environmental dispatches from around China on microblogs, and renewed government commitment to progress, the news from China may be looking up.

Anne Mills works with The Asia Foundation on its Environment programs in China. She can be reached at aegillette@asiafound.org. The views and opinions expressed here are those of the individual author and not those of The Asia Foundation.

Mongolia sits on some of the world’s largest mineral deposits, primarily coal and copper, as well as rare earth and precious metals. While the country’s abundant resources have driven Mongolia to the top of Asia’s economic performers, the rapid growth has not happened without serious concern over the environmental impact from the country’s booming mining industry.

Artisanal mining offers traditional herders an alternative, viable income when they suffered livestock losses and thus economic difficulties during Mongolia’s catastrophic winter weather events. Photo/Matthew Pendergast

The good news is that Mongolia’s government is increasingly prioritizing green growth and environmental responsibility. In 2012, the government increased the mandate of the Ministry of Environment to include “Green Development,” and established a new National Green Development Strategy and action program to outline ways for each major economic sector to transition to a greener economy.

The formal mining sector in Mongolia is comprised of officially registered small- to large-sized mining companies that are conducting commercial operations and have obtained formal mining licenses from the government. The minerals extracted from the formal mining sector last year made up nearly 91.3 percent of all exports. Informal, artisanal mining, on the other hand, is made up of small-scale miners who have limited access to capital and/or technology but may obtain access to land to carry out mining activities. It is estimated that artisanal mining contributes $110 million annually to export revenues. Given the large-scale investments that well-resourced mining companies are able to make on environmental rehabilitation efforts, there are a number of excellent examples in Mongolia of best practices in environmental reclamation and rehabilitation efforts. Lesser known are the efforts underway in communities where small and artisanal mining is taking place.

Mine shafts dug by artisanal miners in Mandal soum. Photo/Srabani Roy

Artisanal and small-scale mining in Mongolia started to evolve in the 1990s when the country transitioned from a centrally planned to a market economy. In 1993, the government initiated its “Gold program” to promote development of the formal mining sector. This subsequently led to growth in artisanal mining which drove down unemployment by offering traditional herders an alternative, viable income when they suffered livestock losses and thus economic difficulties during Mongolia’s catastrophic winter weather events (known as dzuds). The artisanal mining sector initially suffered from a poor reputation as it was often considered illegal and associated with environmental and social problems, such as soil and water pollution, mined land that was not being rehabilitated, and crime. However, in 2010, with support from development organizations and civil society, a more robust policy and legal framework declared artisanal mining a legal occupation, which meant that artisanal miners could secure mining land and formalize their operations into official partnerships.

Outreach among artisanal mining communities to promote the use of environmentally friendly technologies and reclaim environmentally degraded land has helped improve the public perception about artisanal mining as a viable alternative livelihood option. Indeed, it is increasingly seen as a greener and more socially responsible sub-sector.

The Asia Foundation has worked on responsible resource issues in Mongolia since 2006, but has primarily focused on industrial mining. However, over the last few years, we have been working closely with artisanal miners, to give them a greater voice and knowledge base. Now, these miners participate in multi-stakeholders groups (which also include local authorities, mining companies, and community members) that provide guidance on responsible artisanal mining and a place to discuss concerns.

One of the most critical environmental issues surrounding artisanal mining is the rehabilitation of degraded land, characteristics of which may include large unfilled holes and/or tunnels, compacted soils, lack of vegetation, and polluted water and soil. In 2012, we partnered with a local environmental NGO to help develop a model artisanal and small-scale mining land reclamation project in Uyanga district, Uvurkhangai province – one of Mongolia’s mining areas with a large amount of un-reclaimed lands 490 km from the capital, Ulaanbaatar. We provided a training course for the NGO to work with 45 artisanal miners and undertake technical and biological reclamation of a two-hectare site, rehabilitating the land in conformity with the government’s reclamation standards.

Although the site was relatively small, the project has created local enthusiasm for reclamation in the area and heightened awareness on how to conduct rehabilitation effectively. An added strength is that the district governor is upholding it as a model for mine reclamation. At his insistence, mining companies operating in the jurisdiction are now required to visit the reclamation site (with the NGO representatives) to learn what can and must be done to properly reclaim their operations. The NGO provides a letter for the governor confirming that the mining company has seen and understood the process and work involved in mine reclamation; otherwise, local permission to mine in Uyanga district will not be provided.

Increasingly, artisanal miners who we’ve met with are recognizing the need to improve their environmental responsibility in order to have their profession accepted in their local communities, and also so that local authorities will be more compelled to officially provide them access to local land to mine. While the sector faces many challenges, if the environmental and social impacts are effectively managed, artisanal mining has the potential to provide sustainable livelihoods for many rural citizens in addition to its significant contributions to the Mongolian economy.

The activities related to artisanal and small-scale mining under the Foundation’s Engaging Stakeholders for Environmental Conservation (ESEC) program are implemented with the generous support of the Swiss Agency for Development and Cooperation (SDC).

Meloney C. Lindberg is The Asia Foundation’s country representative in Mongolia and Bolormaa Purevjav is the program director for the Foundation’s ESEC program there. They can be reached at mlindberg@asiafound.org and bolormaa@asiafound.org, respectively. The views and opinions expressed here are those of the individual authors and not those of The Asia Foundation.

Kiki, a registrations clerk at Cipinang Prison in Jakarta, glanced at his pile of paperwork with a degree of resignation. It was April 2009, and he was responding to three summons letters from the prosecutor’s office and the Corruption Eradication Commission (KPK) for 92 inmates to appear in court the next day. Kiki first had to verify the names against the hard copy prison register of 2,800 inmates. He then needed to locate each detainee’s file, record in a log book the court hearing that they were due to attend, and manually print temporary release letters for the warden to sign. While late in the afternoon, Kiki still had 60 files to go before he could call it a day.

Four years ago, cumbersome procedures were the norm in Indonesia’s 420 prisons. While the country hardly has a reputation for bureaucratic efficiency, its prisons – still following administrative procedures largely established during the Dutch colonial period – had a particular knack for generating paperwork.

The system required prisons to submit 23 forms every month to a provincial office, which verified and consolidated data from up to 63 prisons, which was then submitted to the Ministry of Justice and Human Rights, which in turn passed data on to its Directorate General of Corrections. The former Director General of Corrections (DGC), Untung Sugiyono, claimed that even a simple count of all inmates in the prison system would take three months if it was to be accurate. When he eventually got the information he requested, it was already out of date.

For the past four years, the corrections system has implemented a major reform program, a central feature of which has been a radical overhaul of administrative procedures through the introduction of an electronic database system. The database enables computerized sentence calculation, automatic overstay reminders, electronic storage of fingerprint information, and other computer-generated reports. Data from across the country can also be accessed from the DGC’s headquarters.

A prison warden records information about a new inmate into the electronic database system. By March 2013, the system covered 417 prisons (94.5% of total prisons) and housed data for 150,689 inmates (97.9% of total inmate population).

The impact has been dramatic. Instead of waiting months for reports, corrections authorities can access prisoners’ information, including cell assignment, in close to real time. To respond to the daily requests for information on particular inmates, staff no longer have to dig out individual paper files but can quickly access electronic records to respond to queries from other government agencies. Calculation of release dates, including adjustments for sentence reductions, is now computerized, which has greatly improved efficiency. Automatically generated reminders let officials know when prisoners are eligible for parole, or are nearing their release date, so that they are not imprisoned longer than their sentence period. A self-service kiosk allows prisoners to access their own basic files, including their release date, using their fingerprint.

Now, when Kiki prepares inmates for court visits, he quickly utilizes the database to generate an official “temporary release letter.” And when inmates return from court, he checks them back in by simply clicking a box to update their files. Now, checking in 92 inmates takes Kiki little more than 15 minutes. Under the old paper-based system, he would still be going after a couple of hours.

While the database pilot was initially donor funded and supported by The Asia Foundation, early results were impressive enough that the ministry began expanding its installation using state funds. In 2010, state funds were used to expand the system to 18 large prisons, and it proved so successful and efficient that many prisons started finding funds in their own budgets to purchase the needed computer equipment themselves. By September 2012, roughly 143 prisons were online. By March 2013, the system covered 417 prisons (94.5% of total prisons) and housed data for 150,689 inmates (97.9% of total inmate population).

The database includes an SMS-based mechanism, whereby each warden submits a daily head count of inmates, categorized by sex, adult/juvenile, and type of crime committed, to a phone number connected to the DGC server. An application recapitulates the information and sends it via SMS to corrections leadership and the Deputy Minister of Justice. This SMS feature has allowed members of government, parliament, media, and the public to access basic demographic information about the prison population. The data also enables better planning and oversight, as it can be used to assess programs, budgets, and human resource allocations proposed by directorates and prisons. Advocates and corrections officials have used the data to make a data-driven case for increased budget allocations. For example, readily available and accurate data on prison overcrowding can be used to support requests for prison construction.

The database and SMS system have also significantly improved transparency in the prison system. General data on Indonesia’s corrections facilities is now publically available online and is updated daily.

The changes have been tremendous, but they are hardly a panacea for the corrections system’s multiple and complex problems. Overcrowding rates remain as high as 400 percent in some prisons, and conditions are often lacking, including access to clean water and sanitation. Security concerns like gang violence are a threat, and corruption is endemic. The challenge is now for the corrections system to optimize the use of this data to further increase administrative efficiency and improve the welfare of inmates.

Leo Sudaryono is The Asia Foundation’s law programs coordinator in Indonesia and can be reached at lsudaryono@asiafound.org. The views and opinions expressed here are those of the individual author and not those of The Asia Foundation.

Despite decades of internal conflict, Sri Lanka now boasts high-income growth and a notable reduction in human development index shortfall, according to the just-released 2013 Human Development Report entitled, “The Rise of the South: Human Progress in a Diverse World.” Sri Lanka’s economy expanded last quarter faster than analysts estimated. With the end of Sri Lanka’s 26-year civil war in 2009, the government is clearly focusing on expansion, with new investments in infrastructure and the private sector that are helping to spur growth and contributing to an increase in disposable income and rising consumerism. While this growth is largely positive, there has also been a significant rise in the number of commercial and financial disputes between citizens and institutions as a result.

For most Sri Lankans, resolving disputes through the nation’s beleaguered formal courts is not an option. Despite efforts to improve efficiency, courts are weighed down by excessive case loads and limited capacity, and high litigation costs make access to courts prohibitive for most. For decades, community mediation boards – made up of non-political, volunteer mediators who facilitate voluntary settlement of minor disputes – have helped to fill this void. [Watch a slideshow about community mediation in Sri Lanka.] Since then, mediation boards have played an important role in providing recourse for citizens to settle their disputes through a system that is affordable, rapid, and effective. There are currently 309 mediation boards operating across the country with new mediation boards being established in the Northern Province, specifically in the districts of Kilinochchi, Mulaitivu, and Mannar, which were severely affected by the war. Over the past two decades, the boards have mediated over 2 million disputes and approximately 60 percent of them have been successfully resolved.

For most Sri Lankans, resolving disputes through the nation’s beleaguered formal courts is not an option. Community mediation boards, such as this session above, often fill the gap. Photo/Gemunu Amarasinghe

But with the end of the war and a growing economy, mediation boards are seeing a drastic change in the nature of disputes that are being brought forth by the community. The banking sector is proactively lending more with an increase in agriculture and production related loans; insurance companies are doing more business with individuals and small companies; the IT market is buzzing with youth rapidly moving to smart phones to access high speed data; and small businesses are expanding and new ones are being set up especially in the war-affected North and East. The global slowdown has dampened spirits somewhat, but has not put brakes to the growth in the country.

Commercial disputes constituted over half of the total disputes in 2012 with the highest number of referrals (43%) from financial institutions such as banks and commercial institutions. State and private banks, telecommunications service providers, insurance and leasing companies, electrical and home appliance retailers, and small business owners are increasingly turning to mediation boards to resolve disputes over non-repayment of loans taken for the purpose of cultivating cash crops including the purchase of seeds and fertilizers, construction and repair of homes, and expanding small businesses. Insurance-related disputes arise largely because the insurance policy is in English and clients do not fully comprehend the terms and conditions for payment of premiums. A large number of cases deal with non-payment of utility bills and telecommunication bills for smart phones.

The North and East is no exception, where commercial disputes are also increasing. A recent study conducted by The Asia Foundation suggests that disputes related to financial transactions are the most frequent type of disputes received by mediation boards across the three Eastern districts of Ampara, Batticaloa, and Trincomalee. “On average, about 60 percent of the disputes we receive relate to financial transactions, particularly bank loans and seettu, a traditional community-based informal system of saving,” S. Varadarajah, chairman of the Vavuniya Mediation Board in the North, told me recently.

While some commercial disputes are easier to resolve, others are more complicated, and mediators often find that these disputes take longer. In a recent discussion at the Ministry of Justice, the mediation trainers pointed out that in general, mediators do have difficulties in relating the principles and concepts of mediation when the dispute involves certain financial or legal aspects.

“Mediating these commercial disputes is not easy as in most cases there are genuine reasons as to why people default on payments, but at the same time the banks and other financial institutions are not always willing to renegotiate the terms and conditions that were initially agreed upon,” they commented.

Mr. C. Attapattu, chairman of the Sri Jayawardenapura Kotte Mediation Board in the Colombo District, says that two thirds of the disputes that come to the board are commercial related.

“Almost all banks in the area, including state and private banks, use the mediation board. And we have about 20 institutions including leasing companies, lending institutions, and home appliance retailers which regularly bring disputes for mediation.” He also said that “some commercial institutions have even told us that they are willing to pay for the service we provide as they prefer to have the issue sorted through the mediation board rather than going to court.” However, in keeping with the spirit of mediation in Sri Lanka, the service continues to be provided at virtually no cost, with the disputant only having to spend five rupees (less than five U.S. cents) for the application.

This community-based system, which has proven to deliver results at virtually no cost, has become a popular and widely accepted system not only among individuals, but also institutions. With the nature of disputes changing, training on techniques of commercial mediation has now become a vital training component in Sri Lanka. Mediators need to be adequately equipped with the necessary skills and knowledge in order to facilitate the efficient and effective resolution of commercial disputes. This is something that is here to stay and likely to increase as the economy continues to grow. Sri Lanka’s community mediation boards need to be prepared to face the new challenges and opportunities this brings.

Gita Sabharwal is The Asia Foundation’s deputy country representative in Sri Lanka. She can be reached at gsabharwal@asiafound.org. The views and opinions expressed here are those of the individual author and not necessarily those of The Asia Foundation.

Animation series raises public understanding of the role of forensic investigation in criminal justice administration

Among the array of international television series aired by cable networks in Thailand, “CSI,” “Bones,” and other dramas that highlight the work of forensic pathologists are especially popular. While Thai audiences are exposed to the dramatized investigative techniques applied by forensic specialists working in cooperation with law enforcement agencies in Western and other Asian criminal justice systems, forensic science is a nascent field in Thailand – but one in which major strides have been made in recent years.

Forensic investigation holds special significance in an environment in which allegations of human rights abuse routinely arise in the context of the performance of criminal justice and security agencies in cases spanning sexual violence to national security. These cases include the controversial 2003 “war on drugs,” the unresolved deaths that occurred as the May 2010 political violence reached a bloody climax, and the protracted conflict that has shattered a tradition of peaceful coexistence among the Malay-Muslim majority and Thai-Buddhist minority populations of the Deep South. Public perception surveys conducted by The Asia Foundation and other organizations have consistently found that Thais place considerable confidence in the judiciary, but have less confidence in the professional competence or integrity of the police and armed forces.

The forensic police of the Scientific Crime Detection Centre 10 of the Office of Forensic Science Police, the Royal Thai Police collect evidence at a crime scene in Yala province. Photo/Scientific Crime Detection Centre 10 of the Office of Forensic Science Police, the Royal Thai Police

A number of factors have constrained the development of forensic science capacity in Thailand. These include a short supply of criminal justice and medical professionals qualified to conduct forensic investigation, and resource constraints that limit professional development and exposure to state-of-the-art international practices. The situation is exacerbated by contradictions and gaps in the legal and regulatory regime governing the application of forensic science and the limited communication and coordination among forensic specialists, which lead to overlapping responsibilities, occasional turf battles between the Royal Thai Police and other public agencies with forensic investigative mandates, and other challenges. In addition, media coverage of criminal justice cases tends to emphasize graphic sensationalism over thoughtful reporting, which has contributed to limited citizen awareness of forensic science and its relevance to law enforcement, poor protection of crime scenes prior to the arrival of professional investigators, and weak public demand for criminal justice reform. The situation is especially problematic in the Deep South, where the latest cycle of violent conflict has entered its ninth year and the local population lives in an environment of chronic fear and insecurity. Some of the most serious human rights cases involving insurgent violence and impunity on the part of security agencies have not been prosecuted, while weak or vexatious cases against individuals accused of abuse of authority, insurgent leanings, or other criminal acts are often dismissed at trial for want of evidence to support conviction, which wastes precious resources and reduces public confidence in the justice system.

The Asia Foundation has been working with Thai partners in government, academia, civil society, and the media to support complementary efforts to strengthen forensic science capacity, clarify legal responsibilities, investigate and prosecute human rights cases, and raise public awareness of the role of forensic investigation in protecting the rights of vulnerable groups. A hallmark of Foundation programming has been a brokering role in facilitating dialogue and cooperation among different stakeholder groups, including public prosecutors under the Office of the Attorney General, the Royal Thai Police, university medical faculties, the National Law Reform Committee, Just Rights and other human rights lawyers associations, and the print and broadcast media. Institutions that once operated in a stove-piped manner now routinely cooperate in identifying common challenges and pursuing collaborative solutions.

Limited public awareness and understanding of forensic science leads to misunderstandings, misperceptions, and even distrust of responsible agencies. To address this issue, we recently produced and launched a series of five short animated films [first episode featured below] in cooperation with local partner Tomato Sound Agent and with thoughtful guidance on complex technical points from seven partner organizations. The cartoon series features a patiently good-natured professor who introduces a curious young man and woman to forensic science. The cartoons were originally intended to educate young people about forensic investigation, but have been embraced by adult audiences and government, university, and civil society partners as a practical introduction to the field. The five episodes cover a broad range of themes, including an overview of forensic science; crime scene investigation and collection of evidence; examining and investigating cases of sexual assault; suspected violence or torture by security personnel in arresting, interrogating or detaining suspects; and distinguishing between murder and suicide.

The cartoon series was recently introduced at a seminar on “Human Rights and Forensic Science in Thai Judicial Process” that was convened by Just Rights in partnership with The Asia Foundation and Central Institute for Forensic Science (CIFS). The five cartoons are now live on Facebook and YouTube, with links to popular Thai web-boards. DVD copies of the cartoons will be shared with local partners in government, academia, the medical profession, civil society, and the media. A sixth cartoon on chain-of-custody management of evidence collected at crime scenes is in production. As part of the Foundation’s support for the training of media professionals on forensic science, investigative reports produced by trained journalists will be posted to the dedicated social media sites. We will closely monitor usage and applications of the cartoons and collect viewer feedback, as well. The Scientific Crime Detection Centre 7 of the Office of Forensic Science Police has also expressed interest in using the animations as part of its training of police officers.

Asia Foundation forensic programs are supported by the U.S. Department of State Bureau of Democracy, Rights, and Labor (DRL) and the United Kingdom Department for International Development (DFID).

Arpaporn Winijkulchai is a program officer with The Asia Foundation’s Thailand office, while Kim McQuay is the Foundation’s country representative in Thailand. They can be reached at arparporn@asiafound.org and kmcquay@asiafound.org, respectively. The views and opinions expressed here are those of the individual authors and not those of The Asia Foundation.

The dissolution of the Constituent Assembly (CA) in May 2012 has left Nepali politics in a deep impasse over the formation of an “election government.” The opposition has been refusing to go into an election until a broad-based government is formed under the leadership of Nepali Congress (NC), but the current prime minister, Baburam Bhattarai, from United Communist Party of Nepal (Maoist) has refused to step down, calling the NC-led coalition to join his government instead. All that could change with the parties now agreeing to a chief justice-led election government with technocrats in the cabinet. The parties announced an agreement to that effect Tuesday night and were negotiating with the chief justice on the details of the mandate until late Wednesday night. It is still uncertain if Chief Justice Khil Raj Regmi will accept the offer, but if the parties give him adequate autonomy and a firm commitment to cooperate, it appears that an election government may indeed take shape in Nepal later this week.

While the formation of an “independent” election government will pave the way to a fresh election, actually conducting the election before monsoon rains start in July will be a challenge. Nepal decided to modernize its voter roll two years ago and embarked on a biometric voter registration drive. Since the Election Commission of Nepal (ECN) by law can only register voters with citizenship cards, at least 4 million voters are missing from the new register. While a proportion of the missing voters may possess the citizenship cards and may have missed the registration due to apathy, a majority of them do not have citizenship cards. Because of accessibility constraints and onerous procedures, ensuring that all eligible voters are able to first acquire a citizenship certificate and then manage to register themselves in the voter roll in about three months or less looks very difficult. Similar is the state of preparation for the ECN’s plans to introduce electronic voter machines; within three months or so approximately 20,000 machines have to be procured, deployed, and kept in functioning order by trained officials in a country with a rugged terrain and bad infrastructure. The ECN can revert back to the old voter roll and printed ballots, but even that does not happen without bringing its printing press back to order and deploying a massive registration updating drive. That too takes time.

Beyond time and technical preparations, there are two political forces that are marginalized in the current negotiations whose next moves could affect the election environment. First is the break-away hardliner faction of the UCPN (Maoist) led by Comrade Kiran called the Communist Party of Nepal-Maoist. The CPN-Maoist broke away from the mother party in the aftermath of the dissolution of the CA in May 2012, accusing the mother party of orchestrating “revisionist dissolution of the revolution” and “embracing capitalist democracy.” Made up of war-era ideologues and hardline militants, the breakaway faction may represent about 30 percent of the Maoist party, although estimates vary. If this faction stays away from the election, it is likely to make an attempt to disrupt the election, to the extent it can. It already called for a nationwide bandh (general shutdown) in protest of the plans to set up a chief justice-led interim government. If the party decides to take part in the election, on the other hand, a bitter turfwar between UCPN (Maoist) and CPN-Maoist will ensue in the run-up to the election, muddying the election environment.

The second political force to watch for is the coalition of indigenous ethnic communities that are organized outside of major political parties. The dissolved CA had reserved seats for different ethnic constituencies as well as women in higher numbers than those allocated through open, first-past-the-post elections.  This had allowed an unprecedented presence of women and ethnic community representatives in the CA. These constituencies are not confident that the next CA-Parliament will follow suit on the issue of women and minority representation, and their doubts are well-founded. Information trickling out from the on-going negotiations suggests that the next CA will have at least 20 percent fewer reserved seats than the previous one, and the cut will come exclusively from proportional reserved seats. Key ethnic communities feel that their lowered representation will eventually undercut the agenda of federalism in Nepal – an issue that has remained at the core of their discontent with the Nepali state. While it is unlikely that this constituency will take the route of the CPN-Maoist and try to disrupt the election, it is capable of under-cutting and questioning the legitimacy of the elections.

Such concerns aside, a fresh election is the only way out of Nepal’s current political stalemate. Promulgating a new constitution, initiating a credible transitional justice process, and integrating former combatants into the state security forces were the three major tasks of the peace process initiated after the Maoist insurgency ended in 2006. Of these, the process of integrating the former combatants is the only task that has been completed.  The Nepali political transition, slated to be completed in two years per the Comprehensive Peace Accord of 2006, has come only so far in six years. Any further delay is not desirable, and this breakthrough on an election government may just help the country get back on track.

Sagar Prasai is The Asia Foundation’s deputy country representative in Nepal. He can be reached at sprasai@asiafound.org. The views and opinions expressed here are those of the individual author and not those of The Asia Foundation.

As the Philippines gears up for 2013 midterm elections in May, last week in Zamboanga city, persons with disabilities came out in full force to discuss achievements and challenges ahead of election day. Up until now, this group has been wholly underrepresented at the polls.

Indeed, this election is expected to test reforms that have been implemented in the past three years since the May 2010 presidential elections, including the synchronization of national and ARMM elections, strengthening voting capacity of vulnerable sectors such as persons with disabilities (PWDs), prisoners, and indigenous peoples, and the full automation of the national election.

For over 19 months, The Asia Foundation, with support from The Australian Agency for International Development (AusAID), has been in the forefront of driving better participation in the upcoming elections through the Fully Abled Nation (FAN) initiative, a disability-inclusive elections program that increases participation of PWDs in the May 2013 elections and other democratic processes. According to COMELEC figures, 65,972 new PWDs voters have registered from July 2011 until Oct. 31, 2012, the end of registration period, on top of approximately 350,000 old PWD voters.

PWD voters participate in a mock election conducted by COMELEC to prepare for May midterm elections. Photo/Emil Tapnio

The Fully Abled Nation initiative started in June 2011 and has worked closely with COMELEC’s strong push to increase voter registration and cleansing of voting records. For the first time, COMELEC also used voter registration to capture the number of PWD voters by revising their registration form to include types of disability and assistance needed during the elections. FAN partner organizations, which include disability peoples organizations (DPOs), NGOs, and election-focused organizations mimicked COMELEC’s calendar of activities to help increase voter registration. In every presentation conducted by FAN partner organizations, a satellite voters’ registration was set up specifically to encourage PWDs to register.

To increase awareness for PWDs about registration, we created and aired TV documentaries on two big media outlets (ABS-CBN and TV 5) as well as radio infomercials nationwide. FAN also supported TV sign language news interpreting so that the deaf community would also be aware of news related to the campaign, elections, candidates, and their programs of action.

We worked with Globe Telecom to get out text reminders to their 30 million subscribers for free, reminding them of important election-related dates. They will also provide more than 120 free cellular phone units with prepaid loads to FAN volunteers who will head monitoring of PWDs during the elections.

The FAN initiative was instrumental in the creation of COMELEC Resolution No. 9485 or the “Rules & Regulations for Voting of PWDs and for the Establishment of Accessible Voting Places in May 2013 Local and National Elections.” This was approved by the COMELEC last June 29, 2012. The Resolution served as the basis for the COMELEC General Instruction (GI), which was just released on February 15, and will govern the May 2013 elections.

With voter registration now closed, FAN is shifting gears to voter education to maintain the momentum of PWDs so that they actually go out to vote on election day. Cherry Pinpin, an air rifle competition champion and sailing enthusiast despite being an amputee said: “You as a PWD will be able to make a big change if you were to vote. You cannot hide at home and hope better leaders will come along because the better people to lead will not come along if you don’t vote. Choose wisely.”

Follow #FullyAbledNation on Twitter for updates.

Emil Tapnio is an assistant program officer for The Asia Foundation in the Philippines. He can be reached at etapnio@asiafound.org. The views and opinions expressed here are those of the individual author and not those of The Asia Foundation.

From January 1 of this year, Thailand’s employers must pay all employees at least 300 baht (about $10) a day. If they don’t, they will face six months in jail and/or a 100,000 baht fine for not complying. The 300-baht minimum daily wage policy, the fulfillment of a 2011 election campaign pledge by the ruling Pheu Thai Party, has been piloted in seven provinces since May 1, 2012 (including Bangkok), with much debate and division among employers, labor unions, government ministries, and academics about the actual and perceived impact of the policy on the economy, productivity, small- and medium-sized enterprises (SMEs), and inequality.

Workers finish their shift at a factory outside of Bangkok. Starting January 1, all businesses must pay all employees a minimum daily wage of 300 baht, or face fines. Photo/Karl Grobl

For employees, the government, and labor unions, the hope is that in a time of economic growth (5% predicted for 2013) and low unemployment (0.6% at the end of 2012), increased income for workers will boost consumption and force productivity gains and innovation. This will then drive a more balanced, modernized, and competitive economy and help Thailand avoid the much-dreaded middle-income trap. Indeed, one of the commonly stated goals of the new minimum wage is that it will push Thai workers to raise their own skill levels in preparation for increased labor competition with the opening of the ASEAN Economic Community (AEC) in 2015. Advocates of the policy also anticipate that the modernization of Thai businesses and increases in productivity will lead to a reduction in the level of geographical disparity in Thailand, with fewer workers forced to move to Bangkok for higher wages.

There are fears on the part of some employers that increased labor costs (the new minimum wage applies to every employee in Thailand, regardless of age, sex, industry, or nationality) will affect already struggling SMEs and could lead to employee layoffs or even force some SMEs out of business. This could, in turn, negatively impact employment, increase unskilled workers’ vulnerability, raise the cost of living, and worsen poverty in the country. Many employers fear that Thailand’s international and regional competitiveness will be negatively affected by increased labor costs, which could trigger Thai businesses to employ greater numbers of informal labor. Migrant workers from Thailand’s neighbors, particularly Cambodia, where the daily minimum wage is $2.03 and Burma (also known as Myanmar) where the daily minimum wage is 58 cents, are expected to come in even greater numbers, attracted by higher wages. In fact, some Cambodian factory owners are complaining that they are now facing a labor shortage as locals move to Thailand for better wages.

Migrant workers from Thailand’s neighbors, particularly Cambodia and Burma, where daily minimum wages are lower, are expected to come to Thailand in even greater numbers, attracted by higher wages. Photo/Karl Grobl

The National Economic and Social Development Board estimates that the new policy raises Thailand’s average wage by 22.4 percent, and in certain provinces, such as Tak, Surin, and Phayao, represents a nearly 70 percent increase. The wage hike is expected to hit SMEs in labor-intensive industries – agriculture, tourism, and manufacturing – the hardest, and many academics and business association groups argue that the increase to 300 baht happened too fast and did not allow time for businesses to prepare. Of the 7,063 jobs that were lost due to company closures between April 1 and December 25 of last year, five companies (that together account for 1,762 of these jobs) cited impact from the minimum wage policy as the reason for folding. On the other hand, the permanent secretary of Thailand’s Ministry of Labor stated that workers’ productivity increased by 12 percent last year due to the policy, compared to an estimated average growth of 2-3 percent without the policy.

The reality is that the impact of this “policy-driven” raise in labor cost is likely to affect industries and businesses differently depending on their labor-intensity, profitability, and margin for increased productivity. This impact disparity is already being felt on the ground. One owner of an SME printing business in the town of Mae Klong in Samut Songkram province explained that the minimum wage increase will not impact his business because he says he can save costs elsewhere in his operations and is willing to pay a higher wage to keep his skilled workers. He is, however, concerned for SMEs that do not need skilled workers, like fisheries. For them, he said, the new minimum wage for an unskilled worker is just too expensive. But, according to this businessman, the government and businesses are focusing on the wrong problems by worrying so much about the minimum wage. For him, the costs of inputs for his printing business, like paper, ink, and gasoline, which are more expensive and harder to get for provincial SMEs, is what is making his business vulnerable, not the change in wages. He added that the issue of expenses related to logistics, such as the cost of gasoline and quality of infrastructure for moving goods, is what the government should pay more attention to if it wants to help Thai entrepreneurs.

Arguing that many SMEs cannot support the costs of the new minimum wage, private sector bodies such as the Federation of Thai Industries, the Chamber of Commerce and the Thai Bankers’ Association have called for the government to set up a compensation fund for Thai businesses (particularly for SMEs) to alleviate the impact of the wage hike. The government has rejected that idea, but is already implementing a number of support measures, including:

• Reducing employers’ contributions to the Social Security Fund from 5 to 4 percent
• Cutting fees paid by small- and medium-sized hotels by 50 percent
• Establishing skills training clinics and increasing the state budget for seminars
• Reducing the withholding tax for SMEs from 3 to 2 percent
• Reducing corporate income tax from 30 to 20 percent by 2013

These measures are a good start, but don’t alleviate the need for a more global economic policy required to really move the Thai economy to the next level. Both private and public investments are needed in key areas such as education and training, infrastructure and energy, and research and development. The role of the government in shaping a global business environment that will be more supportive of SMEs, and in preparing the Thai economy for the upcoming regional integration into the AEC, is what can make the wage policy beneficial or harmful to the Thai economy and define the role Thailand is ready to assume in the region for the coming years.

Sarah Alexander is a program fellow for the Economic Development Programs, Véronique Salze-Lozac’h is the Foundation’s director for Economic Development Programs, and Arpaporn Winijkulchai is a program officer, all based in Bangkok. They can be reached at salexander@asiafound.org, vsalze-lozach@asiafound.org, and arpaporn@asiafound.org, respectively. The views and opinions expressed here are those of the individual authors and not those of The Asia Foundation.

Ahead of May 2013 midterm elections in the Philippines, media organizations and political parties signed last week the “Covenant Against Media Corruption 2013,” an agreement that marks a significant step toward curbing rampant corruption in the media. Veteran journalist Marites Vitug of Rappler, called the covenant a “milestone in itself in contemporary media history.”

Corruption in the media is particularly common during election season. The new covenant aims to curb corruption ahead of midterm elections in May.

The covenant commits the signatories – both media practitioners and political parties and candidates – to reject engaging in acts that contribute to corruption in the media, which has consistently marred Philippine elections. This is welcome news, as corruption has significantly damaged Philippine society by creating a culture of impunity whereby corrupt officials are not prosecuted and media practitioners turn a blind eye or do not expose corrupt practices. To date, the media, considered the gatekeepers of information, have not had to adhere to the highest ethical and journalistic standards and have typically assumed the roles of publicists and spin doctors for politicians and candidates. Information, which is supposedly accessible to the public, becomes a commodity and is sold to the highest bidder, particularly during election season. In the Philippines, there are well-known accounts of politicians and candidates keeping a “media payroll” especially during election seasons to secure favorable coverage from reporters. There have also been instances when radio broadcasters, particularly based in the provinces, sell airtime to politicians to augment their income.

Looking at the 2013 elections as an opportunity to change these practices and eventually help define the landscape of Philippine media and its ethical standards, Media Nation focused on the issue of corruption at its ninth annual gathering, organized by Pagbabago@Pilipinas, in November. For almost 10 years, Media Nation has served as an annual gathering and retreat for the media to discuss various issues that persistently hound their work and profession, from the challenges of political reportage, and violence against journalists, to the media’s role in nation-building. More significantly, the annual event provides an opportunity for them to reflect on their mission, revisit their role as gatekeeper of information, and renew their commitment to public service. The Asia Foundation has helped convene the event since the very first Media Nation 1 in 2004.

Of course, the issue of corruption is nothing new in the media: the Philippine Center for Investigative Journalism (PCIJ) published two editions of a book, News for Sale, in 1998 and 2004, tackling the pervasive and deep-rooted issue of corruption in the Philippine media taking place most particularly during election years and campaign periods. In response to reported incidence of media corruption, media outlets have tried to address the issue through strict guidelines and policies which are enforced through Codes of Conduct and Ethical Standards. For instance, major networks such as ABS CBN and GMA 7 provide a cap or limit to the amount or value of gifts that can be received by a reporter or journalist. But these codes of conduct and ethical standards are clearly not adequate in addressing media corruption.

The covenant signing was the first time that media practitioners and organizations have come together with people from opposite sides of the fence – candidates and political parties – to clean up their ranks to bring greater accountability in the Philippine media. And, steps are already being taken. On the heels of the signing, the Secretary General of one of the major parties issued a memo announcing their support, explaining the covenant, and encouraging the cooperation of all their local candidates.

Maribel Buenaobra is The Asia Foundation’s director of Programs and Jerryll Reyes is a program officer, both in the Philippines. They can be reached at mbuenaobra@asiafound.org and jreyes@asiafound.org, respectively. The views and opinions expressed here are those of the individual authors and not those of The Asia Foundation.