Justice, the Myanmar way

Global condemnation: South Korean Buddhist monks and believers praying during a rally against Myanmar’s recent executions of activists, in front of the Myanmar Embassy in Seoul. – AP

Asean is struggling to get the ruling junta to stop the violence against its own people.

AND just like that, Myanmar executed four activists, an act which the ruling military described as justice for the people. These executions were the first in Myanmar in over thirty years.

Junta spokesperson Zaw Min Tun said the men were given due process and insisted those executed were not democracy activists, but killers deserving of their punishment.

“I knew it would raise criticism but it was done for justice. It was not personal,” said the spokesman.

The global condemnation was swift. Asean, through this year’s chair Cambodia, issued a statement denouncing the executions.

“Asean denounces and is strongly disappointed by the execution of four opposition activists, including Phyo Zeyar Thaw, Kyaw Min Yu, Hla Myo Aung and Aung Thura Zaw, despite the appeals by Prime Minister Hun Sen of Cambodia, in his capacity as the Asean Chair, as well as other Asean Member States, for the sentences to be reconsidered. This is an issue that Asean takes seriously.”

The death sentence was carried out barely a week before the 55th Asean Ministerial Meeting in Phnom Penh. It is the annual meeting involving the grouping’s foreign ministers.

What a disappointment it must be for Asean. Probably a kick in the gut for the grouping too that there is no progress of the Asean’s Five-Point Consensus (5PC) to bring an end to the violence and instability in Myanmar.

The 5PC was proposed and adopted during an emergency Asean Summit in Jakarta two months after the coup. It was also attended by junta’s leader Gen Min Aung Hlaing.

The junta carried out a coup in Feb 2021 which the United Nations said has since seen thousands killed and millions in need of humanitarian aid.

The 5PC called for:

– immediate cessation of violence in Myanmar and all parties shall exercise utmost restraint,

– constructive dialogue among all parties concerned shall commence to seek a peaceful solution in the interests of the people,

– a special envoy of the Asean Chair shall facilitate mediation of the dialogue process, with the assistance of the secretary general of Asean,

- Asean shall provide humanitarian assistance through the Asean Coordinating Centre for Humanitarian Assistance, and

– the special envoy and delegation shall visit Myanmar to meet with all parties concerned.

When the Foreign Ministers meet this week, they need to relook at the strategy to get the junta onboard or if tougher action should be taken against Myanmar.

Still the Malaysian Cabinet has decided that there will be no political representation from Myanmar at all Asean ministerial meetings. Brunei which was Asean chair last year decided to exclude Gen Min Aung Hlaing from the Asean summit last October.

But if Asean continues to disengage the ruling junta, how does it expect to have constructive dialogue with all parties as stated in the 5PC. Does isolating them really work?

The junta is in full control of the country and while Asean does not like what they are doing and worry that they may seem to be supporting the regime, disengagement is not the answer to show the grouping’s unhappiness with them.

There have been calls for membership suspension against Myanmar but such a clause does not exist in the Asean Charter.

Foreign Minister Datuk Seri Saifuddin Abdullah had said it would be difficult for Asean to play its role to end the crisis in Myanmar if such atrocities continued to be committed by the junta.

“We have to send a strong signal that we are not happy,” he told the media.

He stressed that it was crucial for Asean to find a way forward for the 5PC to be implemented. Several months ago there was already talk that Myanmar is now trying to disengage itself from the 5PC despite Myanmar saying it could “go along” with the 5PC and insisting the situation is complex and they need time to implement it.

Saifuddin insisted Malaysia was supportive of the UN secretary-general special envoy on Myanmar for a proper framework on the 5PC implementation.

“Malaysia will present some ideas to the framework at the AMM and the key element of the framework is there must be an endgame.”

The question is what is the endgame and what are the plans moving forward. Mere words don’t seem to bother the junta.

Saifuddin in a Twitter posting in May revealed he met his counterpart from Myanmar’s National Unity Government (NUG), a shadow administration outlawed by the ruling military junta, but has there been any effort to meet representatives from the junta side?

At the end of the day how do you justify the call for national reconciliation with all the stakeholders when not all parties are engaged. It is understood some Asean members are quietly meeting the NUG.

“Unlike Malaysia, they don’t publicise meeting the NUG because they want to maintain open channels with all sides,” said an observer.

So what is next? It is now has become a cat and mouse game of dare with Myanmar waiting for Asean to make the first move. Is Asean losing its credibility in managing this problem?