The desperate situation in Myanmar calls for concerted international solidarity to counter the Feb 1 coup d'etat and its heinous consequences. To date, scores of people have been killed by junta forces, while several thousands have been detained. The crisis compounds two disquieting situations of a longstanding and multi-faceted nature in the country -- the mistreatment of the Rohingya population (a Muslim community) and the decades-long civil war between the authorities and different ethnic groups.
The chain of events dates back to the rise of the country as a nation state since its independence in 1948. A coup entrenched military rule in the country from 1962 until 2010. Although civilians won the 1990 elections, democratic rule was stolen from the people by the perpetuation of military rule until 2010. In 2010, pursuant to a new constitution and much international pressure, elections were held again and this led to the installation of a civilian government, though with much weight still accorded to the military. Other elections followed in 2015 and most recently in 2020 with a landslide win for the civilians under the banner of the National League for Democracy under the leadership of Aung San Suu Kyi. Again, democracy was wrenched from the people by military leaders in a coup.
In the meantime, persecution and disenfranchisement of the Rohingya, primarily in Rakhine state, not only resulted in multiple violations, such as blockages on access to nationality, movement, and other basics of life, but also led to refugee outflows into neighbouring countries, especially Bangladesh, in the 1970s, 1990s, and more recently with massive outflows in 2017. Currently more than a million Rohingya have sought refuge in Southeast Asia, faced with a precarious situation of uncertainty, displacement and inability to return to Myanmar resulting from the military's scorched earth policy at home.
On a related front, there have been internal armed conflicts between the military authorities and various ethnic groups for decades. These have involved a variety of groups ranging from the Shan to the Kachin and Karen, and more recently Arakanese armed groups. Moreover, although formally 135 groups have been recognised as distinct ethnic groups, the Rohingya has been excluded from this list.
It is thus incumbent upon the international community to leverage effectively to help the civilian population of Myanmar. There are at least three entry points: multilateral, regional and other actions. The multilateral level depends much on solidarity of the UN system. Even though to date, the highest body of the UN -- the Security Council has not yet adopted a binding resolution with effective measures to counter the coup, last week there was a statement from the President of the Security Council (the US for the March 2021 period), issued on behalf of the Council, underlining various orientations for action from the world community. The statement condemned violence against peaceful demonstrations and voiced "deep concern" in relation to constraints imposed on medical personnel and civil society. It called for the release of people who have been detained arbitrarily, the upholding of democracy and human rights, and constructive dialogue. It adverted to the role of Asean to help promote peace and engagement between the various sides, support for the UN envoy dealing with Myanmar, and assurance of safe and unimpeded humanitarian access to all people, including in Rakhine and other parts of the country, together with protection of the rights of minorities. On a welcome note, China and Russia did not veto the statement.
Importantly, by implication, the presidential statement validates international action against the junta; this cannot be seen as interference in the internal affairs of Myanmar but must be upheld as a legitimate exercise of international jurisdiction to support democracy and human rights. It acts as political justification under international law which must prevail over the violations emanating from the coup.
The Myanmar seat in the UN General Assembly should also be filled by the democratically elected groups on the basis of their legitimacy and reject recognition of the junta installed rule. In terms of accountability, some members of the junta are already under investigation by the International Criminal Court for individual criminal responsibility in perpetrating international crimes against the Rohingya population, and the proceedings need global support. In the meantime, there is a court case before the International Court of Justice in regard to the genocide claim lodged by the Gambia against Myanmar involving the mistreatment of the Rohingya population; this awaits judgement on the merits of the case. The UN Human Rights Council also has an investigative mechanism to collect evidence of crimes, as well as a UN Special Rapporteur to monitor the situation.
The multilateral spectrum should be complemented by regional and other levels of action. These can include confiscation of the assets of the coup leaders, related travel bans, and the listing of the names of military leaders for other punitive measures. Cut-backs on aid and trade where they might land up in the lap of the junta should also be maximised.
In regard to neighbouring Asean, while the stand taken by various countries to exert more pressure on the junta to release detainees, end violence against civilians, and bridge-build for return to democracy, should be welcomed, several members of the group are still fence-sitting and regrettably turning a blind eye to the situation. More resolute action is needed to counter the consequences of the coup as well as to help settle the other longstanding problems mentioned above. Even the fence-sitters should at least commit to the granting of temporary refuge to persons fleeing persecution and violence in Myanmar, whether they be Rohingya asylum-seekers and/or other groups, including democracy advocates and human rights defenders.
From the angle of solidarity, the failure of one need not be the failure of all.
Vitit Muntarbhorn is a Professor Emeritus at the Faculty of Law, Chulalongkorn University. He was formerly UN Special Rapporteur, UN Independent Expert and member of UN Commissions of Inquiry on Human Rights. The article is derived from his presentation at the recent webconference of the Asean Law Students' Association (ALSA).