[해군지] 해저 케이블의 보호와 국제법

코로나19 확산 이후 ‘비대면’ 활동은 일상이 되었다. 비대면 활동은 인터넷망을 통한 온라인 공간의 확보를 전제로 한다. 그런데 온라인 공간의 안정적 확보를 위해서는 인터넷망 유지에 지대한 기여를 하고 있는 해저 (데이터) 케이블도 보호되어야 한다. 이번 호에서는 해저 케이블의 보호를 둘러싼 국제법적 문제를 살펴보고자 한다.

인터넷망 유지와는 관련이 없기는 하지만 해저 케이블의 보호를 위한 여러 국가들의 노력은 이미 19세기 후반 결실을 맺은 바 있다. 1884년 ‘파리 협약’이라고도 불리는 ‘해저 전신 케이블의 보호를 위한 협약’(Convention for the Protection of Submarine Telegraph Cables)이 체결되었던 것이다. 그리고 이 협약은 오늘 현재도 발효 중이다.

해저 (데이터) 케이블에 문제가 발생하여 온라인 공간의 확보에 전제조건이 되는 인터넷망이 두절되는 경우는 이론적으로나 존재하는 상상의 일부가 아니다. 예를 들어, 지난 2008년 1월 해저 케이블이 손상되어 이집트 전체 인터넷망의 약 70%가 끊어진 사고가 실제로 발생했었다. 정확한 원인이 무엇인지에 대하여는 아직까지도 설왕설래가 있으나 선박의 닻 때문에 해저 케이블이 손상되어 인터넷망을 통한 온라인 공간 자체가 강제적으로 폐쇄되었다는 것이 가장 유력한 설명이다. 2020년과 같이 코로나19 확산으로 비대면 활동이 일상이 되고 온라인 공간이 오프라인 공간을 대체하고 있는 상황에서 이와 같은 해저 케이블을 보호할 필요성은 더욱 더 크다 할 수 있을 것이다.

그렇다면 해저 케이블의 보호는 어떤 국제법상 쟁점 또는 논점과 관련이 있는가? 여러 가지 쟁점 및 논점이 제기되고 있다. 일단 유엔해양법협약 제113조가 “모든 국가는 자국기를 게양한 선박이나 자국의 관할권에 속하는 사람이 전신이나 전화 통신을 차단하거나 방해할 우려가 있는 방법으로 공해 아래에 있는 해저 전선을 고의나 과실로 파괴하거나 훼손하는 행위와 이와 유사한 방식으로 해저 관선이나 고압 전선을 파괴하거나 훼손하는 행위는 처벌 가능한 범죄를 구성한다는 사실을 규정하기 위하여 필요한 법령을 제정한다. …”고 규정하고 있다는 것을 염두에 두어야 한다. 참고로 유엔해양법협약의 국문 번역본에서는 해저 케이블이 해저 ‘전선’으로 번역되어 있으나 유엔해양법협약이 통신과 관계있는 모든 종류의 케이블을 규율 대상으로 삼고 있다고 해석하는 것이 합리적인 해석일 것이다.

유엔해양법협약 제113조는 기본적으로 공해 아래에 있는 해저 케이블을 고의나 과실로 파괴하거나 훼손하는 자국 국적 선박 또는 자국 관할권 내에 존재하는 사람을 처벌하기 위한 입법 의무를 부과하고 있다. 그러나 이러한 입법 의무만으로는 만약 자국 국적 선박 또는 자국 관할권 내에 존재하는 사람이 고의나 과실 ‘없이’ 타국에 속하는 해저 케이블의 파괴 또는 훼손에 관여된 경우 이에 대한 (형사)책임을 묻기 어렵다. 더구나 해저 케이블의 파괴 또는 훼손은 그 파급효과가 엄청나기 때문에 (형사)책임을 묻는 문제보다는 오히려 어떤 국가에 속하는 해저 케이블의 파괴 또는 훼손에 타국 선박 또는 사람이 관여된 경우 그 타국에게 ‘국제법상 국가책임’을 물을 수 있는 논리 도출에 방점이 있어야 한다.

위에서 잠시 언급한 2008년 이집트 전체 인터넷망의 약 70%가 두절된 사건에서 볼 수 있듯이 해저 케이블의 파괴 또는 훼손의 결과는 그 끝을 상상하기 어렵다. 단순히 비대면 소통이 중단되는 것을 넘어 여러 국가들의 금융시장 등에도 영향을 줄 수 있다. 따라서 어떤 국가에 속하는 해저 케이블의 파괴 또는 훼손에 타국 선박 또는 사람이 관여된 경우 그 타국에게 국제법상 국가책임을 물을 수 있는 국제법상 몇몇 논리가 개발되고 있는 것이다. 그 중 대표적인 논리는 바로 “국가(들)가 자신의 관할권 또는 통제 내에서의 활동으로 인해 다른 국가(들) 또는 국가관할권 한계를 넘는 지역의 환경에 손해를 야기하지 않을 것을 보장할 책임을 지니고 있다”는 소위 ‘No-harm 원칙’을 해저 케이블의 보호를 위한 하나의 원칙으로 삼아야 한다는 주장이다. 만약 No-harm 원칙이 해저 케이블의 보호를 위해서도 원용이 될 수 있다면 모든 국가는 타국에 속하는 해저 케이블의 보호를 위해 ‘상당한 주의’(due diligence)를 다해야 한다. 그리고 상당한 주의를 다하지 못한 경우 설령 자국 선박 또는 사람이 고의나 과실 ‘없이’ 타국에 속하는 해저 케이블의 파괴 또는 훼손에 관여된 경우에도 국제법상 국가책임을 부담할 가능성이 제고된다.

이외에도 어떤 국가가 타국에 속하는 해저 케이블을 ‘절단’한 경우 이를 ‘무력공격’으로 간주할 수 있는지 여부도 논의되고 있다. 해저 케이블의 절단은 ‘물리적인’ 행위라는 점에서 요즘 여러 각도에서 연구되고 있는 ‘사이버 공격’과는 다소 다른 차원에서 논의되어야 한다. 해저 케이블의 절단으로 온라인 공간의 폐쇄가 단 하루만 일어난다 해도 피해를 입은 국가의 피해를 수치화하기는 상당히 어렵다. 따라서 어떤 국가가 타국의 해저 케이블을 절단하는 경우 그 ‘규모와 효과’에 따라 무력공격으로 간주하는 것이 전혀 불가능하지는 않다. 이는 논리적으로 유엔헌장 제51조에 따라 해저 케이블의 절단으로 인해 피해를 입은 국가가 가해국에 대하여 자위권을 발동할 수도 있다는 의미이다.

전 세계 인터넷 ‘해외’ 트래픽 중 약 90% 이상이 해저 케이블을 통해 이루어지고 있다. 이는 해저 케이블의 보호를 위해 국제법이 보다 정교한 논리를 개발해야 한다는 것을 역설한다. 해저 케이블의 보호를 위해 지금보다 국가들이 좀 더 국제법상 국가책임을 부담할 수 있는 방향으로 법적 논리를 개발하는 것은 비대면 활동의 일상화를 맞이하고 있는 2020년 현재 최우선적인 국제법적 과제 중 하나라 할 수 있을 것이다.

 

* 본 글은 2020년 12월호 해군지에 기고한 글이며, 아산정책연구원의 공식적인 의견이 아닙니다.

아산정책硏, ’2021 아산 국제정세전망’ 17일 개최

보도자료 - Press Release
날짜
2020년 12월 10일
분량
총 2장
담당
홍보실
전화
02-3701-7377
E-mail
communications@asaninst.org

* 배포 후 바로 보도 가능합니다.

아산정책硏, ’2021 아산 국제정세전망’ 17일 개최

 

아산정책연구원은 ‘post-COVID-19의 국제질서: 新냉전? New Cold War?’을 주제로 오는 17일(목) 오전 10:00-11:30 ‘2021 아산 국제정세전망’ 화상 설명회(Webinar)를 개최한다.

코로나19로 인해 온라인으로 진행되는 이번 설명회에서는 한승주 이사장의 인사말을 시작으로, 미국, 중국, 북한, 동북아 등 4 개의 주요 지역/국가에 대한 2021년도 외교안보 이슈가 발표되고, 이후 화상 참석자들과의 질의 응답 시간이 주어질 예정이다.

당일 발표되는 4개 지역/국가 외 이슈는 향후 아산정책연구원 홈페이지 및 유튜브를 통해 공개될 예정이다.

– 10:00~10:50 발제자 발표
△ (인사말) 한승주 이사장, △ (사회) 최강 부원장, △(총론 및 동북아) 차두현 수석연구위원, △(미국) 제임스 김 선임연구위원 △(중국) 이동규 한국외대 글로벌안보협력연구센터 연구위원 △(북한) 고명현 선임연구위원
– 10:50~11:30 질의응답

* 참석을 희망하시는 언론인은 오는 14일(월) 오후 5시까지 1) 소속 2) 성명 3) 연락처를 홍보실(communications@asaninst.org/ 02-3701-7377)로 알려주시기 바랍니다.

* 참석을 신청하신 언론인에 한해 화상회의(Webinar) 링크‘2021 아산 국제정세전망’ 원고 파일(pdf)를 전달할 예정입니다.

*[참고 자료] 발표 주제 및 목차
 

아산 국제정세 전망 2021
‘post-COVID-19의 국제질서: 新냉전? New Cold War?’

 

  1. 서문 (한승주, 아산정책연구원 이사장)
  2. 총론: 新냉전과 다면적 경쟁, 복잡해진 생존 방정식 (최강, 아산정책연구원 부원장)
  3. 동북아: 新냉전의 축약된 체스판 (차두현, 아산정책연구원 수석연구위원)
  4. 新냉전의 뇌관 북한: 완성되는 핵무력과 후퇴하는 시장화 (고명현, 아산정책연구원 선임연구위원)
  5. 미국이 구상하는 新냉전? (제임스 김, 아산정책연구원 선임연구위원)
  6. 중국 특색의 사회주의 노선을 강화하며 미국과의 장기전을 준비하는 중국 (이동규, 한국외국어대학교 글로벌안보협력연구센터 연구위원)
  7. ‘선별적 연대’와 ‘적대적 공존’의 양면 외교를 전개하는 일본(최은미, 아산정책연구원 연구위원)
  8. 포스트 COVID-19 회복을 향한 러시아 외교의 험로 (신범식, 서울대학교 정치외교학과 교수)
  9. 진영이 엷어지는 유럽 (이기범, 아산정책연구원 연구위원)
  10. 새로운 세력권 짜기의 중동 (장지향, 아산정책연구원 선임연구위원)
  11. 동남아, 新냉전의 격전지 (이재현, 아산정책연구원 선임연구위원)
  12. 新냉전을 이끄는 기술패권 경쟁 (박지영, 아산정책연구원 선임연구위원)
  13. 新냉전시대 가치전쟁과 자유민주주의 위기 (변영학, 대구카톨릭대학교 정치외교학과 부교수)
  14. 한국에의 함의: 전략적 모호성은 더 이상 합리적 선택지가 아니다 (차두현, 김민주, 홍상화)

 
 

IssueBrief_35

Islam in Indonesian Foreign Policy: The Limits of Muslim Solidarity for the Rohingya and Uighurs

With more than 88% of its 264 million citizens professing the Islamic faith, Indonesia has more adherents than in all Arab states combined. Islam has long served as a source of social values and norms in Indonesian society, thereby playing an important role in political legitimation. Since foreign policy typically reflects a country’s values, one would expect Islam to have long played a role in Indonesia’s external relations as well. Instead, Suharto’s authoritarian regime (1965-1998) repressed political Islam at home and banned it from Indonesian foreign policy. Only during the democratic era has Islam played a role in Indonesian foreign policy. Incorporating it into foreign policy is at once a reflection of domestic values, a result of bottom-up domestic pressure, and a strategic response to a post-September 11 environment in which Indonesia’s democracy, reputation for toleration, and moderate form of Islam were perceived as domestic assets that could be leveraged in foreign policy.

In contrast to the adoption of democracy as a value in foreign policy, which generated little domestic discord, the use of Islam in foreign policy was more contentious. The rise of political Islam is a defining feature of Indonesia’s reform era. Just as policymakers believed that promoting democracy would strengthen political reforms at home, some policymakers believed that projecting a moderate Islamic image abroad would trigger a domestic “feedback loop” and help strengthen Indonesia’s moderate tradition. But in the wake of the 2002 Bali bombings that revealed the existence of a home-grown terrorist threat, some Indonesian leaders—both secular and Islamic– believed that using religion in foreign policy would empower the radicals, not the moderates, by giving them another “Islamic” tool to wield against the government. Noted Muslim scholar Azumardi Azra has described the role of Islam in foreign policy as a “policy of ambiguity.”1 Ambiguity refers to the fact that on the one hand, the government pays attention to issues with strong Islamic connections, but on the other it plays down the Islamic factor that connects it to these issues.  The Muslim community in Indonesia is not monolithic, so the government must be careful not to take a stand that generates opposition at home.

Under President Susilo BambangYudhoyono (2004-2014), some policy makers believed that Indonesia’s experience with economic development, political reform, and Islamic terrorism gave it the authority to speak to the challenges facing the Muslim world. In a speech in Saudi Arabia, Yudhoyono reviewed many problems facing the Muslim community, including “Islamophobia,” and argued that Muslims should respond by embracing “technology and modernity and a culture of excellence.”2 Noting that Islam was not only a religion of peace, but also one of progress, Yudhoyono called for an Islamic renaissance and urged his Muslim brethren to embrace globalization, reach out to non-Muslims, and cooperate against terrorism.

Such speeches have a number of targets and goals. First, they are directed at the global Muslim community in an attempt to influence its ideas and actions.  Indonesia seeks to illustrate that there are multiple interpretations of Islam, and to combat the tendency to equate Islam with the conservative sect known as Wahhabism. There is a realist motivation here, given the transnational threat of terrorism. If Indonesia can help shape the debate over what it means to be a Muslim majority country in the twenty-first century and promote the idea that Islam, modernity and democracy can coexist, it will have created a supportive external environment for the consolidation of its own domestic political vision.

Second, such arguments are also directed at a domestic audience.  Efforts to promote Indonesia as a democratic, tolerant, modern society abroad serve to reinforce these values at home, thereby weakening the influence of extremists.  With the rise of Muslim majoritarianism, however, Indonesian domestic politics is becoming less tolerant of liberal values and of minorities, thereby eroding the credibility of Indonesia’s international image as a moderate Muslim society.

Third, such speeches are targeted at Western audiences, particularly the U.S. Yudhoyono’s tenure coincided with the height of American efforts to promote democracy in the Middle East under Bush as well as President Obama’s call for a new beginning in U.S. relations with the Muslim world.  With the decline of such efforts under Trump, the incentives for Indonesia to project such an image have declined.

How rising religious sectarianism will influence Indonesian foreign policy moving forward is unclear. Jokowi’s election platform had numerous references to Indonesia’s free and active foreign policy doctrine, the need to support the Palestinian people, and calls for Indonesia to promote a “middle way” form of Islam that is neither liberal nor radical.3 It lacked many of the references to democracy promotion that existed under Yudhoyono. The mission statement mentions inter-religious dialogues as a platform to promote Indonesian soft power, but these have always been on the margins of Indonesian policy.

Public opinion on issues with a Muslim connection can serve as a constraint on Indonesian foreign policy. When the U.S. moved its Israeli embassy to Jerusalem, the American embassy in Indonesia became the site of massive street protests.  Similarly, Indonesia protested Australia’s December 2018 announcement of its plan to follow the U.S. lead, and delayed signing a free-trade agreement with Australia until after Canberra announced its support for a two-state solution with a Palestinian capital in East Jerusalem.4 Indonesia has always supported Palestinian independence, but in the Sukarno and Suharto eras justified this position on the basis of anti-colonialism, a secular value, not religion.  Today, when Indonesians of all stripes want to see a two-state solution, Indonesia is a strong advocate of the Palestinian cause in the UN and has never recognized Israel.  Indonesia has at numerous times offered its good offices to help mediate the PLO-Hamas divide because it believes a key lesson from its own independence battle is that unity is a precondition for independence.

The Islamic factor manifests itself in Indonesian foreign policy in two primary ways. First, it is reflected in a desire to have closer relations with the broader Muslim world. This desire is also driven in part by the goal of enhancing economic ties with wealthy Gulf states, and in part by the goal of gaining legitimacy among an increasingly pious population — both realist uses of religion.  According to Dewi Fortuna Anwar, the “greater interest in enhancing relations with Islamic countries has more to do with the expected economic gains than with the issue of Islam as a common faith and the problems it faces in today’s globalizing world.”5

Second, the Islamic factor is reflected in policy toward conflicts in which Muslims are victimized, since Islam prescribes solidarity among Muslims when some of them are victims in conflict.  Traditionally, this impetus manifested itself mostly in Indonesian policy toward the Middle East, particularly in support for Palestine independence, opposition to the 2001 invasion of Afghanistan, opposition to the 2003 Iraq War, and condemnation of Israel’s use of force against Lebanon and in the Gaza strip.6 More recently, it has influenced Indonesian policy toward the atrocities committed against the Rohingya and Uighur populations in Myanmar and China respectively.

 

Indonesian Policy toward the Rohingya

Indonesian policy toward the Rohingya pits the value of Muslim solidarity against three realist considerations: the importance of ASEAN’s non-inference norm, the value of ASEAN’s international image of solidarity, and the desire that Myanmar not fall too far into China’s orbit.  In the case of Indonesia’s democracy promotion efforts in Myanmar, values and realism pushed in the same direction. Indonesian policy was driven not only by a normative belief in democracy but also by pragmatic considerations that a more politically open Myanmar would be more stable, would reduce Western pressure on ASEAN, and would reduce Myanmar’s dependence on China as Western nations responded by lifting sanctions.  Myanmar’s political transition, particularly the 2015 election in which the NLD won a supermajority, was touted as a success of Indonesia’s quiet democracy promotion efforts and ASEAN’s constructive engagement policy. By contrast, Myanmar’s persecution of the Muslim Rohingya — a group of Muslims estimated to number 1.3 million, most of whom live in Rakhine state — has confronted Indonesian policymakers with a dilemma. Waves of violence, particularly the 2017 atrocities that drove over 700,000 Rohingya from Myanmar into neighboring Bangladesh, generated pressure on the Indonesian government to protect them as fellow Muslims, yet Jakarta in the end decided not to support efforts by the International Criminal Court (ICC) to hold the Myanmar government accountable for genocide.

Violence against Rohingya first triggered significant domestic pressure on the Indonesian government in 2012, when three Muslim men were arrested on suspicion of raping and killing a Buddhist woman.7 Estimates are that 280 Rohingya were killed in Rakhine state and another 120,000 displaced.8 The Yudhoyono administration responded in a number of ways.  It urged Myanmar President Thein Sein to uphold human rights, ensure transparency of information and allow international delegations to monitor the situation on the ground.  Yudhoyono made a series of speeches on television, calling for a bigger role for the Organization of Islamic Cooperation (OIC), ASEAN and the UN to monitor the situation and provide humanitarian assistance. Indonesia raised the Rohingya issue in an OIC Extraordinary Summit in August 2012, which resulted in the formation of the OIC Contact Group on the Rohingya Muslim Minority. As a result of meetings Yudhoyono held with Myanmar President Thein Sein, Myanmar agreed to permit a visit by an OIC delegation to Rohingya internally displaced person camps. Former Indonesian Vice President Jusuf Kalla participated in the delegation in his capacity as chairman of the Indonesian Red Cross.  During the OIC visit, Thein Sein agreed to the establishment of an OIC Humanitarian Office in Myanmar but reneged on this commitment following protests by thousands of protestors led by Buddhist monks.  Myanmar did, however, permit the Red Cross to distribute relief assistance in Rakhine state.9 Kalla lobbied the OIC for financial contributions, but although OIC members pledged $25 million, the money never arrived. At the UN, Foreign Minister Natalegawa criticized the OIC for supporting the Rohingya with statements but failing to follow up with concrete assistance.

Reflecting domestic outrage, on October 10, 2012, Mahfudz Sidiq of the Islamist Prosperous Justice Party (PKS) and chairman of the DPR’s Commission 1 which covers Defense, Foreign and Information Affairs summoned Foreign Minister Natalegawa to parliament to explain Indonesia’s Rohingya policy. Natalegawa outlined the government’s efforts to persuade Myanmar to open up to humanitarian assistance and claimed success in this endeavor.  The heads of Indonesia’s two major Muslim social organizations, Din Syamsyuddin of Muhammadiyah and Ma’ruf Amin of Nahdlatul Ulama (NU), however, both expressed disappointment with a policy they described as too “soft.”10

Indonesia’s Response to the Rohingya Boat People

As Myanmar’s persecution of the Rohingya continued, many fled the country with some paying smugglers to transport them out of Myanmar by boat. When the Thai government cracked down on smugglers, they began abandoning their ships at sea.11 In the spring and summer of 2015, an estimated 5,000-8,000 people were left stranded at sea with Southeast Asian states refusing to let them land.12 Instead, they provided food, fuel and water before pushing them back to sea, leading the UN to accuse Southeast Asian countries of playing “human ping pong” with desperate people. Indonesia and Malaysia, the countries most negatively affected, argued that they lacked the resources to provide for the refugees, and since they were not parties to the Refugee Convention, had no obligation to accept them. After the U.S. announced in May 2015 that it would be willing to accept Rohingya refugees, Indonesia and Malaysia agreed to provide shelter to 7000 refugees on a temporary basis.13 Alluding to Indonesian fears that accepting the refugees would only create incentives for others to follow, Dewi Fortuna Anwar, then a political advisor to the Vice President, stated, “We have to find ways of settling them as soon as possible without creating a new moral hazard.”14 Despite the sense of Muslim solidarity, permanent resettlement was never seriously discussed.

On October 9, 2016, Rohingya militants from a new insurgent group called Arakan Rohingya Salvation Army (ARSA) attacked police posts, killing nine officers and escaping with firearms. The Myanmar military responded with a wave of violence against the Rohingya that displaced 30,000 within Rakhine state and left another 70,000 without adequate food and water.15 The government closed off access for humanitarian aid.

Jokowi responded by sending Foreign Minister Marsudi to meet with Myanmar’s de facto head of state Daw Aung San Suu Kyi in Myanmar on December 6, 2016, to express Indonesia’s concerns over the violence and its readiness to provide humanitarian aid.  In Myanmar, Marsudi also met with former UN Secretary General Kofi Annan, whom Suu Kyii had invited to work with Myanmar officials to make recommendations on ways to improve the situation in Rakhine state.  At Indonesia’s urging, Myanmar held an ASEAN Foreign Ministers’ retreat in Yangon on December 19 to discuss the Rohingya situation, and to reduce tensions between Suu Kyi and Malaysian Prime Minister Najib, who had accused Suu Kyi’s government of genocide. At a time when Myanmar was facing international pressure from many quarters, Suu Kyi distinguished between unwelcome “megaphone” diplomacy like that coming from Malaysia and what she considered quiet constructive diplomacy like that coming from Indonesia.16 Myanmar did agree to accept humanitarian aid from ASEAN and on December 29, 2016, Jokowi and Jusuf Kalla, who had returned to the Vice Presidency, presided over a ceremony as relief supplies destined for Rakhine left the country, illustrating the importance of such imagery to the Indonesian public.

At this point, the government decided to base its Rohingya policy on humanitarian relief provided through civil society actors.17 In part, this was out of necessity since at that time, Indonesia lacked a bilateral aid agency or legal mechanism through which the government could accept donations from private actors.18 It also enabled the government to work directly with constituencies like Islamic charities that were keen advocates for the Rohingya, many of which had been involved in humanitarian activities since 2012.  A January 2017 meeting between Kementrian Luar Negri Kemlu and representatives of eleven faith-based humanitarian groups led to the formation of an umbrella organization, Indonesia Humanitarian Alliance (IHA). IHA developed a $2 million program focusing on the development of schools and hospitals in Rakhine.  Kemlu sponsored visa applications for IHA staff and made regular visits to the project sites, illustrating that IHA was considered an integral part of Indonesian humanitarian diplomacy.  Marsudi visited Myanmar again in January 2017 to formally deliver relief containers and attend the inauguration of two schools, demonstrating to the Indonesian public that the government was taking constructive steps to help the Rohingya.

The 2017 Rohingya Genocide

An August 25, 2017, attack by ARSA against 30 police posts and an army base generated a brutal wave of retaliatory killings, rapes and burnings of entire villages by the Myanmar authorities and armed Buddhist vigilantes.  In the following weeks, over 700,000 Rohingya fled the country, making it one of the largest, fastest refugee exoduses in modern times.19 The violence generated significant domestic pressure on the Indonesian government, some driven by genuine outrage and some mobilized by Jokowi’s political opponents interested in weakening him ahead of the 2019 elections.  These efforts were led by hardline Islamist groups known as the 212 coalition, which in 2016 orchestrated the downfall of Jokowi’s ally Ahok, the Chinese Christian governor of Jakarta for telling his Muslim constituents that the Koran did not forbid them from voting for non-Muslims.

Marsudi’s earlier efforts enabled the government to respond quickly to this new phase of the Rohingya crisis. The existence of IHA meant that there was a mechanism for Indonesian citizens to channel their outrage by making donations to IHA’s constituent groups. NU and Muhammadiyah, founding and core members of IHA, both responded by raising funds.  Muhammadiyah went further, issuing an August 31, 2017 statement called “On the Genocide of the Rohingya Ethnic Group Now Taking Place in Myanmar,” which called on the UN to act and urged ASEAN to abandon its non-intervention principle, take steps to protect the Rohingya, and consider freezing Myanmar’s membership.  Muhammadiyah also called for Aung San Suu Kyi’s Nobel Prize to be revoked and urged the ICC to prosecute those responsible for the genocide.20 It also called on the government to consider the possibility of taking the Rohingya in temporarily as it had done for Vietnamese refugees. According to the Institute for Policy Analysis of Conflict (IPAC), this was the first and only public call for Indonesia to shelter the Rohingya but was not followed up in a sustained manner by either Muhammadiyah or the government.21

Once again, Jokowi followed a familiar pattern of high-profile diplomacy and humanitarian aid to demonstrate his administration’s concern for the Rohingya.  He sent Marsudi to Myanmar to urge the government to halt the violence, protect Muslims and ensure access for humanitarian organizations.  On September 4, Marsudi met with Suu Kyi and Army Chief U Min Aung Hlaing and proposed a “4+1 Formula” for ending the crisis. The four key points were: restoration of stability and security; maximum restraint and a commitment to eschew violence; protection for all persons in Rakhine state; and immediate access for humanitarian assistance. The plus-one was implementation of the recommendations of Kofi Annan’s Advisory Commission on Rakhine State. Marsudi then traveled to Bangladesh where she met Prime Minister Sheik Hasina to discuss conditions in the Rohingya refugee camps and reiterate Indonesia’s willingness to provide humanitarian assistance. A week later, Jokowi was at the airport to witness the departure of four government Hercules transport planes loaded with humanitarian aid, and in January 2018 he visited the refugee camps in Cox’s Bazar, illustrating the importance of projecting an image of supporting Muslim victims to a domestic audience.

IHA humanitarian efforts in Rakhine faced significant obstacles, including strained relations between the Myanmar and Indonesian governments over visas for Indonesian humanitarian workers and military-led violence that halted almost all relief efforts. Most Indonesian humanitarian efforts therefore shifted to Cox’s Bazar, but these also became more complicated when in April 2018 the Bangladesh government began to require humanitarian workers to obtain official business visas to visit refugee camps in Cox’s Bazar. Indonesia began to fear that the desperate conditions in the refugee camps, which housed some ARSA radicals, provided fertile ground for radicalization and that the radicals might form links with Indonesian Islamist groups.  Following Myanmar’s 2012 violence against the Rohingya, Indonesian terrorist leader Abu Bakar Bashir had sent a letter from prison, which was widely circulated over the Internet, quoting Islamic verses that he argued legitimized violent jihad against Myanmar because of its inability to protect Muslims.22 This was followed in subsequent years with a series of small attempted bombings and other attacks against the Myanmar embassy in Jakarta. As IPAC has noted, “Interest in helping fellow Muslims in the Indonesian extremist community has always far exceeded knowledge of the situation or any capacity, but the concern remains that with as many Indonesians as there are now going to the camps in Cox’s Bazar, some Indonesian extremists will eventually make contact with ARSA militants.”23

The Limits of Islamic Solidarity

The limits of Indonesia’s Muslim solidarity with the Rohingya are evident in its current policy of defending Myanmar against a range of new international pressures on the Rohingya issue, some of it coming from other Muslim majority countries.  Consistent with Indonesia’s longstanding opposition to sanctions and outside pressure, Indonesia has rejected policies that it believes would isolate Myanmar, jeopardize humanitarian relief, push it closer to China, and strain Jakarta’s relations with the Suu Kyi government.

In November 2019, Gambia filed a case on behalf of the OIC at the International Court of Justice (ICJ) accusing Myanmar of responsibility for “an ongoing genocide” against the Rohingya.24 The same month, the UN General Assembly adopted a resolution on the human rights situation for Rohingya Muslims and other minorities in Myanmar. This was followed by an announcement that the ICC had approved a prosecution request to investigate crimes against humanity, which was rejected by Myanmar. According to a Kemlu official, these moves to pressure Myanmar were driven by the OIC’s Rohingya contact group as a result of “a sense of solidarity with the Rohingya refugees” but “Indonesia was the only OIC member that took a different approach – we have to build trust and confidence in Myanmar so that they want to open up to us…. Pointing fingers isn’t going to work.”25 The official Indonesian position is that improving conditions for the Rohingya in Myanmar and creating conditions for the safe, orderly and dignified repatriation of Rohingya refugees require the cooperation of the Myanmar government, something which an ICC trial makes less, not more, likely.  According to Foreign Ministry spokesperson Teuku Faizasyah, “With our own approach, Indonesia tries to become part of the solution.”26

Indonesia has not only refrained from supporting OIC moves to pressure Myanmar, it has also taken steps to shield Myanmar. At the UN, Indonesia was actively involved in revising the UNGA resolution so that it would be balanced in recognizing Myanmar’s efforts to address the issue, as well as the role ASEAN has played through its humanitarian response agency, the ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management (AHA).27

Indonesia’s Muslim community is divided on whether to support the ICJ case.  Muhyiddin Junaidi, a prominent Muhammadiyah figure who is also the Indonesian Ulema Council ( MUI)’s director of international affairs said that the MUI fully supported the decision to take Myanmar to the ICJ and that this decision “has to be supported by Indonesia and the international community in order to uphold the dignity of 2 billion Muslims around the world.”28 In contrast, NU adopted a position more aligned with the government’s policy. One NU leader argued that what the Rohingya needed was social integration, security and economic well-being, and asked rhetorically whether the ICJ verdict “would solve the underlying problem.29

If the key Indonesian goal is the voluntary, safe and dignified repatriation of Rohingya refugees, as called for in FM Marsudi’s 4+1 formula, it remains a distant one. Two repatriation efforts through the AHA failed because refugees refused to go back due to security fears. A group from the AHA made a series of visits to Rakhine and Bangladesh, in order to build trust between the Rohingya, Myanmar officials, and the AHA, but tensions in Rakhine state remain high. Indonesia pledged 7.5 billion rupiah ($537,083) to the AHA through its new Indonesian Agency for International Development, established in October 2019 with a $212 million endowment.

In sum, the plight of the Rohingya has received significant media coverage and generated sincere bottom up pressure on the government to support the Rohingya out of a sense of Muslim solidarity.  There is, however, no single conception of precisely what “support” means. All sides agree that providing humanitarian aid should be part of any strategy, and for some constituencies, the Jokowi administration’s high-profile humanitarian efforts are enough. Others want the government to take a harder line and support the ICJ case, among other initiatives. This split has allowed the government to follow its preferred policy of combining humanitarian aid to demonstrate Muslim solidarity while also demonstrating support for an ASEAN partner, without incurring significant public opposition.

 

Indonesian Policy Toward the Uighurs

China’s harsh treatment of its Uighur Muslim minority population has failed to trigger the same outrage among the Indonesian public or strong government response as Myanmar’s treatment of the Rohingya. Throughout the Xinjiang region, the Uighur population of 13 million is increasingly subject to gross human rights violations, including arbitrary detention, torture, heightened religious restrictions and increasingly pervasive surveillance of daily life.30 According to Human Rights Watch, credible estimates put the number of Muslims held in “re-education” camps at one million.  China’s “Strike Hard” campaign has also made it illegal for Uighurs to maintain contacts with people in 26 “sensitive countries,” including Indonesia. Given the severity of the abuse and China’s clear attempt to eradicate Islamic traditions, one would expect a strong show of Indonesian support for the Uighurs based on Muslim solidarity. Instead, for reasons related to a lack of media coverage, domestic politics, economic interests, China’s public diplomacy efforts, and links between Uighurs and Indonesian terrorist groups, Indonesia’s response has been muted. The Indonesian government has largely accepted Chinese claims that its crackdown is a legitimate response to separatism and terrorism, and has chosen to privilege the norm of non-interference over that of Muslim solidarity.

The Uighur issue received relatively little public attention in Indonesia until late 2018.  The relative ignorance of the Uighur issue compared to the Rohingya issue is evident in an interview President Jokowi gave to the Financial Times in March 2019 in which he stated, “I don’t know about Xinjiang but we are concerned with the problem, for example, in Rakhine state — with the Rohingya.” Jokowi continued, “Two years ago I went to Cox’s Bazaar [and saw] more than 1m refugees there in Bangladesh. The conditions were terrible, very bad, and I talked one, two, three times about this when I met Aung San Suu Kyi. We are concerned about it.”31

The Uighur issue became politicized domestically only when public revelations about China’s detention of the Uighurs in late 2018 intersected with the Indonesia’s 2019 presidential and parliamentary election campaigns, and this politicization influenced Indonesia’s response.  The major civil society groups voicing strong support for the Uighurs were hardline Islamic groups affiliated with Prabowo Subianto, Jokowi’s opponent.  In both the 2014 and 2019 election campaigns, Prabowo and his supporters sought to discredit Jokowi by falsely claiming he was of Chinese descent, a communist, and Christian. These allegations were an attempt to mobilize votes by tapping into latent anti-Chinese, anti-communist, and anti-Christian sentiments. In the 2019 campaign, Prabowo also used Jokowi’s desire for Chinese investment in his ambitious infrastructure projects as another tool to paint him as too close to China.  When Islamic groups active in the anti-Jokowi 212 Movement announced plans for a December 20, 2018, demonstration in front of the Chinese embassy to show solidarity for the Uighurs, Foreign Minister Retno Marsudi summoned Chinese ambassador Xiao Qian to convey Indonesian concerns about reports of human rights violations against the Uighurs. The ambassador assured the minister that China respected human rights and was only concerned about terrorism and extremism.32 As the “Action to Defend the Uighurs” demonstrations took place, the Chinese embassy issued a statement justifying its government’s policies in the following terms,

Some Xinjiang residents… had struggled to find jobs because of their poor command of the nation’s official language and lack of skills. This has made them vulnerable to the instigation and coercion of terrorism and extremism. In light of the situation, Xinjiang has established professional vocational training institutions as the platform, providing courses on China’s common language, legal knowledge, vocational skills, along with deradicalization education for citizens influenced by extremist ideas.33

China’s narrative that its policy toward the Uighurs was a legitimate response to terrorism was given credence in Indonesia by the fact that a few Uighur militants had been captured in Poso with Indonesian terrorists, enabling the Chinese to tap into Indonesian fears of terrorism and separatism.

As the Jokowi administration debated whether China’s policy against the Uighurs should be treated as a case of persecution of Muslims or a legitimate response to violent extremism, the dilemma was how to support the Uighurs without offending China or exacerbating campaign politics at home. The Jokowi administration did not want to jeopardize Chinese investment that was important to his economic plans, but this was only one factor influencing Indonesia’s response. In the debate over policy, the office of the President was more concerned with the impact on the campaign, while Kemlu focused on broader national interests.  According to one member of the President’s’ office,

In fact, it was just [domestic] politics. We did not want to engage in their [the Uighur persecution] narrative it would only empower the Islamist and radicals belonging to the opposition. Our diplomatic problems with China are not because of this. It’s because of China’s encroachment in the South China Sea and destabilization of Southeast Asian regional security—not the Uighurs.34

The response from senior government officials illustrated both a desire to express solidarity with the Uighurs, and a commitment to the principle of non-interference. Vice President Jusuf Kalla stated, “Of course we reject or [want to] prevent any human rights violations. However, we don’t want to intervene in the domestic affairs of another country.”35 Given the multiple, competing interests of government officials in Chinese investment, the South China Sea and as well as the country’s longstanding commitment to non-interference, the low-key response by government officials is understandable.

The relative silence of Muslim groups such as NU and Muhammadiyah is more puzzling, but can be explained both by domestic political considerations and by Chinese public diplomacy.  On the one hand, NU’s central place in Jokowi’s coalition gave it an interest in disavowing anything that could be construed as support for Islamist rivals in Prabowo’s camp. Muhammadiyah was more divided, with some Muhammadiyah groups actively involved in the December 20, 2019, Uighur solidarity demonstrations. A day before the demonstrations, Muhammadiyah issued a carefully worded statement invoking not only Muslim solidarity, but also universal rights and longstanding Indonesian values. First, the statement said that if reports of violence against the Uighurs were true, then China had violated universal human rights guaranteed by the United Nations. Whatever its reasons, “we cannot approve China’s use of violence against a weak and innocent people who should be protected.”36 Second, Muhammadiyah appealed to the Chinese government to be open in providing factual information to reduce the reliance on questionable reports, and to cooperate with international organizations to overcome problems about inhumane treatment. Third, Muhammadiyah urged the UN and OIC to convene an emergency meeting to discuss the Uighur issue. Fourth, Muhammadiyah called on the government of Indonesia to take diplomatic steps in keeping with its principle of a “free and active” policy to create world peace and uphold principles of human rights, humanitarianism, and justice. Fifth, invoking Muslim solidarity and the humanitarian approach it had adopted toward the Rohingya, Muhammadiyah appealed to Indonesians to stand in solidarity with the Uighurs and expressed itself as ready to offer humanitarian and material aid for the Uighurs.37

Muhammadiyah’s statement and the demonstrations received extensive media attention which triggered a Chinese public diplomacy campaign. Chinese ambassador Xiao Qian visited NU leaders to claim that China was being scapegoated by unnamed countries for its treatment of the Uighurs, a clear reference to Western countries, particularly the U.S. Invoking Sino-American rivalry and attempting to mobilize latent anti-American sentiment in defense of China’s position, on December 28, 2019 the Chinese ambassador visited Muhammadiyah headquarters and argued that China was a far better friend to the Muslim world than the West because, “for decades China has supported the Palestinian struggle in the United Nations Security Council. It has never attacked, invaded, or occupied Muslim countries.”38

China’s message was well-received by NU, not only because it was an integral part of Jokowi’s coalition as illustrated by Jokowi’s selection for Vice President of Ma’ruf Amin, a former Supreme Leader of NU, but also because China has long cultivated NU. China has made donations to NU, sponsored scholarships for students associated with NU, and NU Chairman Said Aqil Siraj has broken the fast on Ramadan with the Chinese ambassador for years.39 In 2019, NU’s Beijing branch published a book of essays by supporters, some of whom had studied in China, which questioned whether Muslims were mistreated in China.40 Illustrating a disinclination to condemn China and the strength of the non-interference principle, NU Chairman Siraj offered to mediate between China and the Uighurs but claimed NU could not condemn China because the Uighur issue concerned China’s internal affairs. “Just like us,” he said, “we don’t want other countries to interfere with insurgencies in Aceh and Papua.”41

Muhammadiyah’s leaders were more skeptical, with Muhammadiyah Chairman Haedar Nasir requesting that China grant international visitors full access to Xinjiang. In response, China offered guided tours of Xinjiang to senior religious leaders in February 2019 and tours for journalists, academics and social media influencers followed.  Indonesian visitors were given tightly controlled tours of camps and lectures on the extremist problem in Xinjiang. China’s efforts had a mixed impact.  The head of the NU delegation announced that he saw no concentration camps and endorsed China’s policy of countering radicalization through vocational training. Similarly, Muhammadiyah Secretary Agung Danarto complimented the camp facilities.

Others had more negative views. The International Relations Chairman of the Council of Ulemas (MUI), Muhyiddin Junaidi, claimed that his visit was tightly controlled, the Uighurs he met were afraid to express themselves, and that MUI worried that what was happening in Xinjiang was not deradicalization but “de-Islamisation.”42 Junaidi claimed that Chinese invitations to influential Indonesians were an effort to “brainwash public opinion,” and he criticized Indonesians who had become apologists for China.43 Similarly, one reporter for Republika, a newspaper which describes itself as a publication for the Muslim community, described the “vocational camp” as indistinguishable from a prison.

U.S. efforts to persuade Indonesians to speak out against China’s treatment of the Uighurs appear to have backfired. U.S. diplomats posed critical questions to Indonesians following their tours of Xinjiang, and in August 2019 the U.S. sponsored a Facebook Live discussion on the Uighurs. U.S. diplomats lobbied their Indonesian counterparts to press China to release Uighurs held in camps.  In October 2019, Ambassador Donovan met with leaders of both NU and Muhammadiyah to encourage them to “speak out against the repression of the Uighur minority in China.”44 Such public pressure on NU and Muhammadiya led both organizations to claim that they are independent and cannot be bought by either side.45

In contrast to the Rohingya, once the April 2019 election campaign was over, there was little bottom up pressure on the government to take a strong stance in support of the Uighurs. The most sustained pressure came from the Islamist PKS party, but being in the opposition limited its influence.  Indonesian policy therefore has been made largely by the executive branch, which has reverted to its non-interference principal, rather than emphasizing Muslim solidarity. In part, this choice is a function of the wide array of economic, strategic, and political interests Indonesia has with a powerful country like China, which differs significantly from the case of Myanmar. In part, it also reflects the fact that Indonesia has more options for responding to the Rohingya situation to demonstrate Muslim solidarity. The delivery of humanitarian aid, support for the AHA, numerous bilateral meetings with Myanmar officials, and statements in multilateral for a such as ASEAN and the UN enabled the Indonesian government to demonstrate to a domestic audience that it was taking action on behalf of the Rohingya. Such options did not exist in the case of the Uighurs. Whether Indonesia will be able to maintain its current non-interference policy toward the Uighur issue will depend in part on the course of events in Xinjiang and the media coverage it receives in Indonesia, and in part on whether Indonesian actors mount stronger pressure on the government to demonstrate Muslim solidarity with the Uighurs.

 

Conclusion

In Indonesia’s democratic era, Islam is playing an increasingly prominent role in Indonesian foreign policy The Islamic factor manifests itself most prominently in efforts to promote the rights of Muslims persecuted abroad since this is an issue that resonates with important domestic constituencies.  Muslim solidarity, however, does not necessarily translate into a high-profile policy of vocal support for the plights of Muslim minorities abroad.  Instead, as the Rohingya and Uighur cases illustrate, a commitment to the norm of non-interference poses a significant obstacle to protecting the interests of Muslims abroad. As a country which has confronted a diverse set of separatist, terrorist, and religious sectarian conflicts over the two decades of its democratic era, Indonesia has a keen understanding of the complexity of such conflicts, and a firm belief that outside pressure can exacerbate, rather than resolve them. This experience leads Indonesia to favor a quiet, low-profile approach of engaging government authorities rather than naming and shaming them since it firmly believes that political change on the ground will only come within. Indonesian foreign policy toward the Rohingya and Uighur issues, therefore, differs significantly from that of the West and many of its fellow Muslim countries. Whether it will have an impact remains to be seen.

 

The views expressed herein do not necessarily reflect the views of the Asan Institute for Policy Studies.

아산정책硏, ‘바이든 행정부의 동남아 정책 전망: 원칙과 관여 사이에서’ 이슈브리프 발표

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2020년 12월 07일
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아산정책硏, ‘바이든 행정부의 동남아 정책 전망: 원칙과 관여 사이에서’
이슈브리프 발표

 

아산정책연구원은 12월 7일 (월), 이재현 선임연구위원의 이슈브리프 “바이든 행정부의 동남아 정책 전망: 원칙과 관여 사이에서”를 발표했다. 이 이슈브리프에서는 새로 등장하는 미국 바이든 행정부의 대 동남아 정책, 아세안 국가 주도의 다자협력에 관한 정책을 전망하면서 미국의 대 동남아 정책이 트럼프 행정부 시기 동남아와 아세안 주도 다자협력을 무시한 것과는 달리 전반적으로 동남아 국가와 지역협력에 관여하는 방향으로 나갈 것으로 예상했다.

이재현 선임연구위원은 바이든 행정부의 대 아시아 정책이 트럼프 행정부 시기 상처 입은 미국의 자유주의 국제질서에 대한 신념과 지역에서의 리더십 회복에 초점을 맞춘 동시에 중국 문제의 해결에도 역시 큰 관심을 가지고 있다고 보고 있다. 그는 바이든 행정부는 오바마 행정부의 선례를 따라 동남아 지역에서 중국의 영향력 차단을 위해 개별 동남아 국가와 관계 강화를 위해 노력할 것으로 전망하였다. 또한 트럼프 행정부 시기 미국이 소홀히 했던 아세안 주도의 아세안안보포럼(ASEAN Regional Forum), 동아시아정상회의(East Asia Summit) 등에 보다 성실히 참여할 것으로 보았다. 아세안 주도 다자제도에 미국이 불참하게 되면 이 제도들은 중국의 독무대가 되기 때문에 중국의 영향력 차단을 위해서라도 바이든 행정부가 다자제도에 적극 참여할 것이라는 것이 이재현 선임연구위원의 설명이다.

그는 반면 이런 정책 방향은 민주주의, 인권 등 자유주의 원칙과 가치를 가지고 중국을 압박하는 정책과는 긴장관계에 있다고 설명한다. 이런 원칙의 적용은 중국에 대해서 뿐만 아니라 지역/글로벌 전체에 포괄적으로 적용되어야 효과적인데, 일부 동남아 국가들은 이런 원칙과 가치의 적용으로 미국과 불편한 관계를 피할 수 없기 때문이다. 또한 아세안 주도 다자협력의 제도에 미국이 이런 원칙과 가치를 강력히 실현해 중국을 압박하려 한다면 이는 필연적으로 이 제도를 주도하는 아세안 국가의 자율성과 주권을 제약할 수 있다. 따라서 바이든 행정부의 대 동남아 정책은 이런 내적 모순을 극복해야 하는 동시에 동남아 국가들로 하여금 중국 압박정책의 수단이나 도구라는 인상을 주지 않도록 유의해야 할 것이라고 이재현 선임연구위원은 제안하고 있다.

*보고서 관련 문의:
이재현 선임연구위원 02) 3701-7376, jaelee@asaninst.org