Myanmar being an ASEAN Member State has the full rights to participate in the upcoming ASEAN Summits and Related Summits to be held from 26 October 2021 to 28 October 2021 as the ASEAN Charter guaranteed equality of all ASEAN Member States and thus equal level of representation at the ASEAN Meetings in equal footing with fellow ASEAN Member States.

However, the current ASEAN Chair, Ministry of Foreign Affairs of Brunei Darussalam’s invitation of non-political representative ( Permanent Secretary of the Ministry of Foreign Affairs) to the upcoming ASEAN Summits and Related Summits is not in line with ASEAN Charter, ASEAN procedures and precedent. Moreover, Myanmar representative is denied to equal rights enjoyed by other ASEAN Member States. Therefore, downgrading the level of participant and limiting his role of discussions in the Summits is contrary to the Article 5 of the ASEAN Charter on “Rights and Obligation”.

Therefore, Myanmar has informed the Ministry of Foreign Affairs of Brunei Darussalam that Myanmar can accept the participation of Head of State or Head of Government or his Ministerial level representative at the upcoming 38th and 39th ASEAN Summits and Related Summits to be held from 26 October to 28 October 2021.

Myanmar would be pursuing the due processes under the ASEAN Charter and the Protocol to the ASEAN Charter on Dispute Settlement Mechanisms in resolving the differences on Myanmar’s representation at the ASEAN Meetings and differences in interpretation of some relevant provisions of the ASEAN Charter.

Ministry of Foreign Affairs

Nay Pyi Taw
Date, 25 October 2021

The Interactive Dialogues with the Special Envoy of the Secretary-General of the United Nations on Myanmar and with the Special Rapporteur on the situation of Human Rights in Myanmar were organized at the Third Committee of the 76th United Nations General Assembly on 22 October 2021, based on their usual biased reports. It was preceded by the Special Envoy’s press conference on Myanmar on 21 October 2021.

The present reports duplicate the preceding reports and carry the same rhetoric with full of repetition while factual account of incidents were missing. The figures of deaths described in both reports are mostly referred to the so-called Assistance Association for Political Prisoners (AAPP) which is reportedly mentioned as credible source. Meanwhile, the list prepared by AAPP itself raises many questions on credibility as it does not include verifiable information of affected persons.

The report of the Special Envoy of the Secretary-General of the United Nations is based on sweeping allegations with no clear description on what individual incident happened on which date and time. The Special Envoy also highlights a significant setback of Myanmar that fell to the Tatmadaw’s dissent on the electoral process and outcome while omitting the electoral fraud which led to the current political situation with total neglect of the Tatmadaw’s primal calls for settling these irregularities by NLD government and previous Union Election Commission. Furthermore, the purposes to interfere and dominate by the United Nations actors are evident as described in the observations of the Special Envoy. The report implies a head on further clash and large-scale armed uprisings between the Government and its people themselves, unnoticeably encouraging the growing unity among groups in the name of common democratic aspirations and common sufferings. It does not utterly show moral support, but only lead to further division among nation and incitement to internal violence. Thus, the questions on integrity of the Special Envoy of the Secretary-General and accordingly, her presence are increasingly growing.

Similarly, almost the whole context in the report of the Special Rapporteur is enriched with distressing narratives by unknown persons with no clue to authenticity and accuracy. It is observed in his report that the Special Rapporteur brings unfounded rumour to a speedy and risky conclusion. For instance, by a narrative of military officer who defected from the Tatmadaw, the Special Rapporteur presumes that the acts conducted by the military likely constitute crimes against humanity. Based on a piece of rhetoric by an individual defector without reasoning and verification, it raises many questions on how such a one-sided conclusion could easily be responded. Furthermore, the Special Rapporteur makes conclusion based on exaggerated information that the Myanmar Government’s mismanagement of the COVID-19 pandemic has caused implication for new variants even deadlier and more contagious than Delta. It is interested to learn how the Special Rapporteur reaches such incorrect assumption based on which scientific studies. In the middle of July, a total of 7,083 persons were infected within a day, accounting for 33 per cent that is the highest figure of infection during the third wave. In cooperation with the people, the Myanmar Government has been putting its utmost efforts in containing the COVID-19 pandemic and the infection rate has significantly declined and currently it reaches less than 8 per cent at present.

It is also skeptical that just on a very weak basis of hearsay unreliable sources, how all these reports consistently made similar voice in denouncing the sovereign government while watering down the violent acts committed by the terrorist groups. Although both reports themselves superficially mentions that there are several acts of violence incited and initiated by terrorist groups, the actual numbers of deaths committed by them were even hidden. From February to late October 2021, there are altogether 3,642 terrorist acts that include 986 terror attacks, 2,344 bomb attacks and 312 arson attacks. Due to their terrorist attacks, 1,155 civilians died and 765 people were injured. Moreover, a total of 182 persons including 75 military personnel, 93 police personnel and 14 civil servants died while 602 were injured. A total of 251 schools and education buildings were torched and bombed by the terrorists. They destroyed roads and railways for 536 times and 76 bridges were also damaged. As a matter of fact, taking part in hostilities and using schools and religious buildings to attack state’s security forces by the terrorist groups may constitute war crimes. However, these appalling acts of terrorism are lacking in the reports and accordingly, it amounts to possible conspiracy to denounce the legitimate government and runs contrary to the purposes and principles of the United Nations.

Presence of Kyaw Moe Tun, a dismissed civil servant who has been facing the charge of high treason, at the United Nations’ meetings including the aforesaid interactive dialogues also indicates the repeated failures of the United Nations in direct contravention of the principles of non-impartiality and non-interference in the internal affairs of a sovereign nation. Myanmar cannot accept the motives of the Organization for its target on a country and using human rights as a political tool to intervene in the internal affairs of Myanmar.

Since their conducts and reports are infringing the sovereignty of the country and their contents did not reflect the actual situation of the country, Myanmar strongly rejects the reports of the Special Envoy of the Secretary-General and the Special Rapporteur and their interactive dialogues where participation of the country concerned is also intentionally excluded.

Ministry of Foreign Affairs

Nay Pyi Taw

(22-10-2021, Nay Pyi Taw)

The Emergency ASEAN Foreign Ministers’ Meeting was held on 15 October 2021 via video conference and current ASEAN Chair, Brunei Darussalam issued a statement on 16 October 2021 with regard to the accounts of the meeting.

Foreign Minister II of Ministry of Foreign Affairs of Brunei Darussalam in his capacity as ASEAN Chair sent a letter addressed to Union Minister for Foreign Affairs on 18 October 2021 and Ministry of Foreign Affairs of Brunei also sent a note verbal to Ministry of Foreign Affairs of Myanmar on 19 October 2021 about the decisions taken at the emergency ASEAN Foreign Ministers’ Meeting of 15 October 2021. In the letters, Brunei informed of Myanmar side that a “Non-Political Representative” will be invited to the 38th and 39th ASEAN Summit and Related Summits.

In the course of Emergency ASEAN Foreign Ministers Meeting on 15 October 2021, there was no consensus reached either to invite or not to invite on matter of the status of Myanmar representation. However, ASEAN Chair’s statement issued after the Foreign Ministers Meeting mentioned about no consensus on the invitation for the Chairman of the State Administration Council. Therefore, the decision made by the current Chair of ASEAN at the said meeting is found contrary to Article 20 (2) of the ASEAN Charter, which states that the matter of reaching no consensus be referred to ASEAN Summit for the Summit’s decision.

In accordance with Article 8 (2) (a) of the ASEAN Charter, ASEAN Coordinating Council is the body mandated to prepare for the Summit Meetings including invitations to Summits, but not the ASEAN Ministerial Meetings. In the course of 30th Meeting of the ASEAN Coordinating Council which was held on 4 October 2021, the matter of Myanmar representation was not raised. In this regard, the conduct of Emergency ASEAN Foreign Ministers’ Meeting on 15 October 2021 failed to comply with the procedures prescribed in Article 8 (2) (a) and is found clearly deviated from the Article aforesaid.

If there is no consensus, ASEAN Summit may decide in accordance with provisions of Article 20 (2) of the ASEAN Charter.

During the course of Emergency ASEAN Foreign Ministers’ Meeting on 15 October 2021, some ASEAN Member States expressed their own individual position on the status of Myanmar’s representation. Such opinions fall within the context of their own individual interpretation of some articles of ASEAN Charter. It is noticed that different views on interpretation of articles is to be dealt with provisions of Article 25 of the ASEAN Charter on Dispute Settlement Mechanism. A dispute unresolved shall be referred to the ASEAN Summit as per Article 26 of the ASEAN Charter.

Decision made by current ASEAN Chair, at the Emergency ASEAN Foreign Ministers’ Meeting on 15 October 2021, is found inconformity with the articles mentioned above and contrary to the procedures prescribed. Therefore, Myanmar as a country concerned is difficult to comply with the decision, which was not in line with the procedures and beyond the mandate of the Chair.

Furthermore, in the course of Emergency ASEAN Foreign Ministers Meeting on 15 October 2021, the matter of participation at the Summits was deliberately linked with the domestic affairs of Myanmar. It is also found in breach of Article 2 (2) (a), (e) and (f) of the ASEAN Charter which state the member states’ adherence to principles of sovereignty, equality, non-interference in internal affairs and national existence of every Member State free from external interference, subversion and coercion.

In accordance with Article 5 of the ASEAN Charter having equal rights and obligations and as per Article 7 (1), Head of State or Government of Myanmar is entitled to participate in the ASEAN Summits. On question of the status of representation, Head of State or Government of Myanmar enjoys equal and full rights to participate in ASEAN Summits.

Taking into all accounts, Myanmar will not be in a position to accept any outcome of the discussions and decisions which are ultra vires and contrary to the provisions, objectives and cherished principles of the ASEAN Charter. Regardless of such position, Myanmar will endeavor to find a peaceful solution based on ASEAN Spirit and ASEAN Way through consultation and negotiation. ASEAN member states should respect the unity and centrality of ASEAN aiming for long-term interest in accordance with provisions of ASEAN Charter.