Written evidence from ASEAN Parliamentarians for Human Rights (APHR) (MYA0006)

Written evidence on the question: “What opportunities does the UK’s new status as an ASEAN Dialogue Partner bring for mediation?”

Summary: ● The UK can support ASEAN on the implementation of the Five-Point Consensus on by ensuring that ASEAN’s efforts contribute positively to improvement on the ground. This would include helping ASEAN to set a clear timeframe for Commander in Chief Min Aung Hlaing to deliver on the points agreed, and to put in place a monitoring and enforcement mechanism to hold him accountable if he does not.

● In addition, the UK should encourage ASEAN to take the necessary precautions to ensure that its dialogue with Commander in Chief Min Aung Hlaing does not extend him legitimacy and that it engages with all relevant stakeholders at the earliest time including with the National Unity Government of Myanmar (NUG) and representatives of Ethnic Armed Organisations (EAOs).

● The UK should also encourage the ASEAN Secretary-General, ASEAN Chair and ASEAN Special Envoy to closely cooperate with representatives and mechanisms of the , including the UN Secretary General and the UN Security Council, to strengthen ASEAN’s response and ensure that human rights is at the center of ASEAN’s efforts.

About ASEAN Parliamentarians for Human Rights (APHR): APHR is a regional network of current and former parliamentarians who use their unique positions to advance human rights and democracy in Southeast Asia. We seek to help create a region where people can express themselves without fear, live free from all forms of discrimination and violence, and where development takes place with human rights at the forefront.

Submission:

1. ASEAN’s Five-Point Consensus on Myanmar that resulted from the ASEAN Leaders’ Meeting on 24 April 2021 included a call for an immediate cessation of violence, constructive dialogue, the appointment of an ASEAN Special Envoy, humanitarian assistance, and a visit to Myanmar. 2. Despite the agreed plan by all ASEAN Leaders and Myanmar Commander in Chief General Min Aung Hlaing who attended the meeting, the military has continued its deadly crackdown on innocent civilians, in stark contravention to its agreement. Min Aung Hlaing also blatantly disregarded the five points by announcing in a press release on 26 April that he would only give consideration to the “suggestions” by ASEAN Leaders when “the situation returns to stability.”

3. Nevertheless, the consensus lays the foundation for all members of ASEAN to collectively respond to the situation in Myanmar and places ASEAN as one of the few entities with a chance to pry open the door for an end of violence in Myanmar.

4. As an ASEAN Dialogue Partner, the UK can use its position to support ASEAN in ensuring the implementation of the Five-Point Consensus on Myanmar and that ASEAN’s efforts contribute positively to improvement on the ground.

5. This would start by encouraging ASEAN to establish a monitoring and enforcement mechanism with a clear timeline to hold the Myanmar military accountable to the agreed points. ASEAN needs to put in place binding measures and lay out potential consequences for the military if they continue to refuse to cooperate.

6. Secondly, the UK must urge ASEAN to call for the release of all political prisoners, including President U and State Counsellor Daw , for mediation or constructive dialogue to be possible.

7. In addition, genuine and inclusive dialogue is not possible without the involvement and inclusion of all relevant stakeholders and parties, including the National Unity Government of Myanmar (NUG), Ethnic Armed Organisations (EAOs), and representatives of the Civil Disobedience Movement (CDM). The UK must therefore urge ASEAN to engage the NUG and take steps to recognize them, while ensuring that any actions do not legitimize the military junta and undermine its own efforts.

8. As the representatives of the democratically elected leaders of Myanmar, the NUG receives support from the majority of the people of Myanmar, and has stated that it “stands ready to engage with the ASEAN envoy, the ASEAN Secretary-General, and other representatives of ASEAN collectively and individually.”

9. The UK should also make it clear to ASEAN that it is necessary to engage directly with the army only to stop the violence. Engaging with the military junta on activities as if it were a legitimate regime would be in contradiction of ASEAN’s Security Community Plan of Action, which specifically states under the first section on Political Development that “ASEAN Member Countries shall not condone unconstitutional and undemocratic changes of government or the use of their territory for any actions undermining peace, security and stability of other ASEAN Member Countries.” It would also undermine global efforts to isolate the military and pressure them to end the violence and release all political prisoners.

10. Yet, ASEAN has continued to include members of Myanmar military’s State Administration Council in ASEAN meetings, legitimizing the junta. Most recently, on 7 May, the Deputy Attorney-General of the junta attended the 13th ASEAN Political-Security Community Coordination Conference. Such engagements must be suspended by ASEAN and pointed out by its Dialogue Partners.

11. The UK should also encourage ASEAN to promptly appoint the Special Envoy as key to holding mediation dialogue with the Myanmar military junta. The Special Envoy must be given a comprehensive mandate and well-funded resources.

12. In addition, the UK by its unique position as a Dialogue Partner and a permanent member of the UN Security Council, must encourage ASEAN to closely collaborate with the United Nations, and in particular the UN Security Council and UN Secretary General. The experience and knowledge of the UN in dealing with conflict situations can help strengthen ASEAN’s response. Although it is positive to see ASEAN leadership responding to the current crisis, in the face of atrocity crimes, there is a global responsibility to find solutions and support ASEAN’s efforts. Close cooperation by the ASEAN Special Envoy, the ASEAN Secretary-General and the ASEAN Chair with representatives and mechanisms of the UN will be key to ensure that ASEAN’s response places human rights at its center.

13. The Five-Point consensus also calls for ASEAN to provide humanitarian aid in Myanmar through the ASEAN Coordinating Centre for Humanitarian Assistance on disaster management (AHA Centre), but this center is not equipped to respond to a conflict-prone disaster.

14. By learning from the experience and knowledge of the UN in conflict situations, and working with organisations on the ground, ASEAN’s response can be strengthened, and its aid can more effectively reach people in need. As an intergovernmental organisation, the AHA Centre is governed by all ASEAN States, including Myanmar’s Ministry of Social Welfare, Relief and Resettlement, whose current minister was appointed by Min Aung Hlaing since the coup. The UK and other Dialogue Partners must therefore urge ASEAN to ensure that humanitarian aid is not delivered through the military junta, as this could be disastrous. It must also be noted that humanitarian assistance alone will not resolve the current crisis, but can only be done in combination with the other mentioned points. Otherwise, such acts are merely symbolic.

15. The UK can encourage ASEAN and Myanmar to agree to all points by referring to the ASEAN Charter and the ASEAN Security Community Plan of Action. Both documents were instrumental in establishing the principles and commitments of ASEAN in promoting regional peace, security and stability. As a legally binding agreement on all Member States, the ASEAN Charter states that one of ASEAN’s purposes is “To strengthen democracy, enhance good governance and the rule of , and to promote and protect human rights and fundamental freedoms.” The ASEAN Security Community Plan of Action also explicitly mentions that the ASEAN community “shall abide by the UN Charter and other principles of international law.”

16. It must thus be pointed out that the Myanmar military is currently violating ASEAN’s own charter by inflicting harm on civilians and committing serious human rights violations. Myanmar is not only facing a political crisis, but also an economic and health crisis, where up to half of its population could be pushed into poverty by the pandemic. The military coup is threatening regional stability and peace, and the risks of more violence, killings, arbitrary arrests, forced displacement, and economic collapse will be even greater if strong action is not taken by the international community.

17. Partners such as the UK can also maximize its leverage by engaging with individual ASEAN Member States. For instance, the UK could engage ASEAN Member States bilaterally on issues such as forced displacement, by urging Member States, in particular Thailand and other neighboring countries, to protect all persons fleeing Myanmar and uphold the principle of non- refoulement; allowing them to seek asylum and receive humanitarian aid.

18. All partners of ASEAN, including the UK, must urge that Myanmar abide by the Five-Point Consensus and the additional points raised above. Encouraging them and ASEAN to fulfill its responsibilities and commitments in line with international human rights principles would ensure that any efforts do not cause further harm, but significantly contribute to positive progress in the country. If successful, these efforts would also boost ASEAN’s credibility and reputation in the international community.

19. We would greatly appreciate it if the UK shares this submission with its allies and other ASEAN Dialogue Partners. ASEAN Parliamentarians for Human Rights (APHR) will continue to monitor ASEAN’s efforts and respond to the situation in Myanmar. We look forward to seeing the UK’s positive engagement as an ASEAN Dialogue Partner.

17 May 2021