See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/361786371
Myanmar Military Coup D'etat: ASEAN's Role in Dealing with The Myanmar
Crisis based on ASEAN's Basic Principles
Article · July 2022
CITATIONS
READS
0
1,640
1 author:
Shaffa aulia Yasmin
Muhammadiyah University of Yogyakarta
5 PUBLICATIONS 0 CITATIONS
SEE PROFILE
All content following this page was uploaded by Shaffa aulia Yasmin on 06 July 2022.
The user has requested enhancement of the downloaded file.
Myanmar Military Coup D'etat: ASEAN's Role in Dealing with The Myanmar Crisis
based on ASEAN's Basic Principles
Shaffa Aulia Yasmin (20200610456)
International Program for Law
Faculty of Law, Universitas Muhammadiyah Yogyakarta
E-mail: shaffa.aulia.law20@mail.umy.ac.id
Abstract
In February 2021, one of the Association of Southeast Asian Nations (ASEAN) member
countries, namely Myanmar, was facing a crisis caused by a coup by the Myanmar military.
ASEAN has basic principles that prevent member states from intervening with one another.
However, the Myanmar crisis may affect other member states and ASEAN cooperation. This
coup caused massive demonstrations by the people of Myanmar and although it was quite
controlled at the beginning of the demonstration period, but now these demonstrations have
claimed many victims due to the response in the form of violence from the Myanmar military.
This study aims to find out how the pattern of ASEAN cooperation in dealing with the
Myanmar crisis under the basic principles of ASEAN. In 1967 ASEAN was formed with the
aim of increasing economic, social, cultural, educational, sub-regional and peace by
following the rules of the United Nations. Therefore, ASEAN's role in taking policies against
the Myanmar coup is very important so that it does not affect other countries.
Keyword: Myanmar, Military Coup, ASEAN, Negotiation, Principles
I. Introduction
Myanmar or better known as the Republic of Myanmar, is one of the countries
whose journey has been marked by the upheaval of internal conflicts, both politically,
socially and economically. The problems that occur in Myanmar are largely due to
the political instability which is the result of the authoritarian regime in Myanmar. A
military coup is the seizure or seizure of power (government) by force by the military.
A power struggle is currently underway in Myanmar. This coup threat has escalated
across the country. Myanmar has had nearly 50 years of rule under military rule. The
country then switched to democracy in 2011, with one of its leaders being Aung San
Suu Kyi. For the past five years, Suu Kyi and her National League for Democracy
(NLD) party have led the State of Myanmar after being elected in 2015 in the freest
and fairest ballot Myanmar has ever had. Monday January 2, 2021, the NLD party
and Suu Kyi should have started their second term, as the results of the November
2020 election were won by the NLD Return party. But according to the Myanmar
military the election results were unfair, there was voter registration fraud in the
ballot, although the election commission said there was no evidence to support the
claim.1
The coup has started for 1 year since February 1, 2021. The Myanmar military
will take action and surround the parliament building. Many residents protested the
actions taken by the Myanmar military (protest as a statement of the Myanmar people
who will live under the leadership of the military for the next year) and the
demonstration which was initially peaceful became violent because the military shot
dead two unarmed demonstrators. The coup that took place in Myanmar since
February 1 has nearly 138 demonstrators in the Yangon region, the United Nations
also stated that the Myanmar military violated human rights. The coup in Myanmar
has had an impact on all countries, especially ASEAN, ASEAN itself is a regional
organization that has the principle of non-intervention, but in the coup conditions
1
R, Katanyuu, 2006, "Beyond Non-Interference in ASEAN: The Association's Role in Myanmar's National
Reconciliation and Democratization". Asian Survey, Vol. 46, No. 6, pp.
faced by Myanmar, ASEAN has provided a solution and a way out for Myanmar. The
coup in Myanmar has sparked calls for ASEAN to play a more active role. This active
role requires ASEAN principles to be more flexible with non-intervention.2
In 1967 ASEAN was formed with the aim of increasing economic, social, cultural,
educational, sub-regional and peace by following the rules of the United Nations. In
addition to the aims and objectives, ASEAN also has basic principles that serve as
the foundation for diplomatic activities carried out by member countries. Treaty of
Amity and Cooperation in Southeast Asia (TAC) is an agreement formed in 1976 and
contains 6 basic principles that are held by ASEAN to date. The first principle is the
principle of mutual respect between fellow members, then the second principle
regarding the right of each member country to lead its country without interference
from other members. The third principle is a fairly well-known principle from
ASEAN, namely the principle of non-intervention in managing or dealing with
internal problems of a country. The fourth principle is the principle of peaceful
solutions in differences as well as between member countries and the last principle is
the principle of efficient ASEAN cooperation.3
The coup that occurred in Myanmar was triggered by distrust of the military from
the election results won by Aung San Suu Kyi's party. The Myanmar military felt that
there was an accident in the election. The coup in Myanmar is of course an internal
problem of the country which is written in the TAC agreement that ASEAN members
2
Louise Fawcett, Andrew Hurrell, 1992, Regionalism in World Politics: Regional Organization and
International Order, New York, Oxford University Press, p. 233.
3
Christopher Hill, 2003, The Changing Politics of Foreign Policy, New York: Palgrave Macmillan, p. 132.
have the principle to let member countries take care of their own countries without
interference from other ASEAN countries and members of ASEAN are not allowed
to intervene in the internal affairs of ASEAN member countries. However, with the
violence that has occurred to protesters in Myanmar and resulting in the loss of people
to the loss of life is an international and human rights violation.4
Based on this explanation, the formulate several problems, including:
1. What are the basic principles of ASEAN?
2. How is ASEAN's Policy making in facing the Myanmar Coup?
II. Method
This research is a qualitative research using case study method. In this study the
authors will use data collection techniques with literature study (Library Research).
This data collection technique is done by reading, reviewing, and making notes from
books, laws and regulations, documents and writings related to the problem that is
the object of research. In this research, related case studies will be analyzed sharply
using the relevant factors to form careful conclusions.
III. Research Result and Discussion
A. Foreign Policy Theory
Foreign policy is formed from the existence of an interest for an actor
to enter the world of politics that penetrates internationally. The creation of
foreign policy is also based on the interests that a country has in meeting the
needs of its own country that are not owned in its coverage area. alone.
4
Goldman R, 2021, Myanmar’s Protests, Explained, New York, New York Times, p. 17.
Foreign policy can also be a representation of a statement of attitude towards
international issues. Every nation that deals with other nations in the world
will inevitably need foreign policy as a basis for its actions. Foreign policy
itself is defined as a policy that is formed on the basis of achieving goals,
making decisions, values and actions of state actors who will relate to
outsiders.5
Things that affect the formation of foreign policy can be influenced by
the external and internal conditions of a country. The design of foreign policy
is based on the form of government and ideology adopted by a country. By
knowing what is contained in the basics of the state itself, a policy can be
formed by maintaining the existing basic values of the state and fighting for
the specific national goals that are stated in terms of the national interest that
a country wants to achieve.6
The sources contained in foreign policy are divided into two groups,
namely foreign determinants and domestic determinants. Determination
abroad describes the international system that exists in a situation at a certain
time. The international system governs how global actors interact with one
another. An ongoing situation that may or may not include what is in the
international system. Understanding the global situation becomes the basis
used in analyzing the external environment to create relevant decision
5
Mark Webber & Michael Smith, 2002, Foreign Policy on A Transformed World, London, Routledge, p. 168.
James N Rosenau, J. D. Singer & Marshall Small, 1969, International Politics and Foreign Policy. New York:
Free Press, p. 263.
6
making. Domestic determinants are a representation of the values that are
owned in the country. Domestic determinants contain aspects of geography,
political style, prevailing culture, and attitudes towards long-term perceptions
as well as several unintentional factors that could occur.7
B. ASEAN Basic Principles: Principle of Non-Intervention
ASEAN is a regional organization in Southeast Asia, a forum for 10
countries to work together on a common vision. This organization was
founded on August 8, 1967 which was initiated by five countries namely
Indonesia, Malaysia, Singapore, Philippines and Thailand. Over time, several
other Southeast Asian countries began to join ASEAN, such as Brunei
Darussalam, Vietnam, Laos, Myanmar and Cambodia. Since the
establishment of the International Organization for the Southeast Region in
the 1960s, the world has been seen as prone to ideological and military
conflicts. The formation of ASEAN was based on the vision to create an
external region that was not affected by conflict in Southeast Asia.
The initial goal of establishing an ASEAN was to promote regional
peace and peace. As a Southeast Asian regional organization, ASEAN of
course has great urgency to be involved in resolving conflicts that occur in the
Southeast Asian region, especially those involving humanitarian issues,
where this is in accordance with one of ASEAN's main goals, namely
7
Howard H. Lentner, 1974, Foreign Policy Analysis: A Comparative and Conceptual Approach, Merrill
Publishing Company, Clumbus Ohio, p. 65.
enhancing regional peace and peace through justice and justice. law in
countries in the ASEAN region.
This goal is then implemented through the application of the principle
of non-interference, which is contained in the TAC, February 24, 1976 which
in Article 2 explains that in establishing relations between members , based
on the fundamental principles, namely: (a) respecting the freedom, liberty,
equality, territorial integrity and national identity of every nation; (b) every
country has the right to regulate the administration of its country free from
external intervention; (c) the existence of the principle of non-intervention in
the internal relations of fellow members. This article strengthens the principle
of non-intervention within the framework of ASEAN cooperation. The
principle of non-intervention is made as a form of protection to guarantee the
independence and sovereignty of member countries and in order to prevent
the possibility of unwanted foreign intervention in the domestic affairs of each
member state.
The principle of non-interference applied by ASEAN in conflict
resolution efforts emphasizes diplomatic and familial methods. As said by
Prime Minister Thailand at the 42nd ASEAN meeting in Thailand, that a
subtle approach (ASEAN way) is more effective than using sanctions against
Myanmar. The ASEAN Way approach focuses more on the diplomatic
process, namely convincing the Myanmar government to cooperate with
ASEAN in order to suppress acts of violence in Myanmar which are still quite
high. ASEAN itself is more positioned as a forum or media that can be used
to discuss problems that occur and not as the main actor who has the right to
take action against its member countries. One of ASEAN's efforts is the
implementation of The ASEAN Inter-Parliamentary Myanmar Caucus
(AIPMC), the establishment of special commission to deal with the conflict
in Myanmar. At a meeting in Bali, AIPMC appealed to Myanmar's President
Thein Sein to continue his task of advancing the democratization process and
upholding human rights in Myanmar. However, over time, the effectiveness
of the principle of non-intervention seems to be increasingly being
questioned, due to the many challenges and new issues that have emerged
from the globalization process, as well as the growing demands for
democratization, and increasing international attention to humanitarian issues
compared to state sovereignty. To maintain its effectiveness and legitimacy in
the domestic and international arena, ASEAN's traditional way of conducting
regional affairs is increasingly reaping the pros and cons, where the existence
of the principle of non-interference is seen as a stumbling block to ASEAN's
capacity to respond to internal problems and external challenges.8
C. ASEAN Policy Making in Facing the Myanmar Coup
ASEAN is currently still facing problems in the approach they should
take regarding the Myanmar military coup. This can be seen from the different
views of fellow member countries such as how Indonesia, Singapore, and
Malaysia openly voiced their concerns about the coup that took place in
See Seng Tan, 2011. “Is Asia-Pasific Regionalism Outgrrowing ASEAN?”, The RUSI Journal, Vol. 156 No.
1, pp.58–62.
8
Myanmar.9 This can be seen from the views of the differences among member
countries such as how Indonesia, Singapore, and Malaysia publicly sparked
them against the coup that occurred in Myanmar, but some member countries
such as Thailand, Cambodia and Vietnam tend to still choose to stand on noninterference principle. Indonesia itself as a country that is quite vocal in
voicing one of its countries against the coup in Myanmar has made several
efforts to encourage ASEAN to take action against the coup crisis that hit
Myanmar under the control of Indonesia-Retno Marsudi.10
A conflict between states is one that does not affect international life,
but it can also be one that threatens international peace and order. International
law as a law is a topic that has always been a question among experts and
observers of international law in the world, especially regarding whether
international law is really a law.11
ASEAN's efforts for a military coup in Myanmar are currently still
under pressure so that Aung San Suu Kyi as Myanmar's de facto leader is
immediately dispatched by the military. In addition, ASEAN has also given a
peace appeal to Myanmar, especially considering the many human rights
violations committed during the ongoing coup with the decline of dozens of
demonstrators. With the human rights violations taking place in Myanmar and
9
Michael Smith, 1997, Region and Regionalsm, New York, Macmillan Publishers Limited, New York, p. 121.
J. B. S. S, 2005, European Integration and Regional Cooperation, 3rd ed, New York, Oxford University
Press, p. 242.
11
Yordan Gunawan, 2021, Introduction to Indonesian Legal System, Yogyakarta, UMY Press, p. 2.
10
the sanctions issued by the United States and the EU (European Union), in
essence ASEAN also has the right to sanction the Myanmar military for
carrying out a coup and human rights violations. However, a policy in the
form of sanctions can only be carried out by ASEAN and there will be many
voices expressing disapproval from member countries because they must also
respect the principle of non-interference.12
ASEAN is still trying to approach policy-making through a
constructive dialogue that has been provided through a statement from the
results of the Informal ASEAN Ministerial Meeting (IAMM) on March 2,
2021 which was attended by all foreign ministers of ASEAN member
countries including the new foreign ministers from the Myanmar military.13
In the chair's statement No. 8 at the IAMM (ASEAN, 2021), ASEAN has
asked all parties to the Myanmar military to exercise restraint and the ongoing
violence must stop immediately. In addition, Brunei Darussalam as the
ASEAN chairmanship this year also stated that regarding the issue of the
Myanmar military coup, ASEAN would proactively assist in this issue but in
peaceful, beneficial and positive ways.
However, the issue of a military coup in Myanmar can be said to be
based on the consideration of the violence used and the number of victims,
which violates the human rights of the people concerned. If left unchecked,
J.D. Haan, 2021, “Can Indonesia Rally an ASEAN Response to the Myanmar Coup?”, Future Directions
International, Vol. 4 No. 1, pp. 130-131.
13
See Seng Tan, 2011. “Is Asia-Pasific Regionalism Outgrrowing ASEAN?”, The RUSI Journal, Vol. 156 No.
1, pp. 58–62.
12
this issue is expected to get bigger and ASEAN's prestige as a regional
organization will also be affected. However, ASEAN reviews their policies
through the ASEAN Way diplomacy which consists of the principles of noninterference in the internal affairs of other members, tacit diplomacy, non-use
of force, and decision-making by consensus.14
The first point of the ASEAN Way, namely the principle of noninterference in the internal affairs of other members, provides clear
boundaries in the pattern of cooperation and interaction of ASEAN members.
This principle makes the policy process related to issues or conditions in other
member countries with the permission of the country concerned and other
countries are not allowed to take an attitude that will damage the sense of
togetherness among ASEAN members. Second, the principle of silent
diplomacy which is one way for ASEAN members to interact, namely by
carrying out diplomacy on sensitive issues silently or bilaterally rather than
carrying out open diplomacy such as holding high-level conferences and the
like. Third, the principle of not using force which basically makes ASEAN
member relations more familial with trust between members, this principle
avoids the use of military force in solving ASEAN problems which must be
resolved with the last point, namely decision making through consensus.15
Ludo Cuyvers, 2019 "The ‘ASEAN Way’ and ASEAN’s Development Gap with Cambodia, Laos, Myanmar
and Vietnam: A Critical View". Asia Pacific Business Review, Vol. 25 No.5, pp. 683-704.
15
Hiro Katsumata, 2003 "Reconstruction of Diplomatic Norms in Southeast Asia: The Case for Strict
Adherence to the ASEAN Way". Contemporary Southeast Asia, Vol. 25 No.1, pp. 104-121.
14
Thus, the guidelines for interacting among ASEAN members create a
peaceful political atmosphere in this region. However, the ASEAN Way
principle is considered to have little impact in solving sensitive issues because
this principle tends to result in the avoidance of issues on the grounds of
maintaining a sense of kinship within ASEAN membership.16
IV. Conclusion
A military coup is the seizure or seizure of power (government) by force by the
military. A power struggle is currently underway in Myanmar. This coup threat has
escalated across the country. ASEAN has basic principles that prevent member states
from intervening with one another. However, the Myanmar crisis may affect other
member states and ASEAN cooperation. This coup caused massive demonstrations
by the people of Myanmar and although it was quite controlled at the beginning of
the demonstration period, but now these demonstrations have claimed many victims
due to the response in the form of violence from the Myanmar military. ASEAN
examines their policy approach through the ASEAN Way diplomacy which consists
of the principles of non-intervention in the internal affairs of other members, calm
diplomacy, non-use of force, and decision-making by consensus. Starting from
holding a convention through the IAMM on March 2, 2021, ASEAN's policy is to
provide the Myanmar military with obtaining Aung San Suu Kyi and requests for
violence by the military against that party. Through the insistence and appeal for
peace, ASEAN can provide subtle efforts to help the issue of a military coup in
16
Siow Yue Chia, & Michael G. Plummer, 2015, ASEAN Economic Cooperation and Integration Progress,
Challenges and Future Directions, Britania Raya Cambridge University Press, p. 37.
Myanmar without violating the ASEAN non-interference principle but also not
harming international law parties that have been violated by the Myanmar military
by committing acts against the people of Myanmar.
References:
Book:
Chia S.Y, & Plummer M.G, 2015, ASEAN Economic Cooperation and Integration Progress,
Challenges and Future Directions. Britania Raya: Cambridge University Press.
Fawcett L, Hurrell A, 1992, Regionalism in World Politics: Regional Organization and
International Order. New York: Oxford University Press.
Gunawan Y, 2021, Introduction to Indonesian Legal System, Yogyakarta: UMY Press.
Hill C, 2003, The Changing Politics of Foreign Policy, New York: Palgrave Macmillan.
J. B. S. S, 2005, European Integration and Regional Cooperation, 3rd ed, New York: Oxford
University Press.
Lentner H.H, 1974, Foreign Policy Analysis: A Comparative and Conceptual Approach,
Clumbus Ohio: Merrill Publishing Company.
Rosenau J. N, Singer J. D, & Small M, 1969, International Politics and Foreign Policy. New
York: Free Press.
Smith M, 1997, Region and Regionalsm, New York: Macmillan Publishers Limited.
Webber M, & Smith M, 2002, Foreign Policy in A Transformed World. Routledge, London.
Journal:
Cuyvers L, 2019 "The ‘ASEAN Way’ and ASEAN’s Development Gap with Cambodia,
Laos, Myanmar and Vietnam: A Critical View". Asia Pacific Business Review, Vol.
25 No.5, pp. 683-704.
Haan J.D, 2021, “Can Indonesia Rally an ASEAN Response to the Myanmar Coup?”, Future
Directions International, Vol. 4 No. 1, pp. 130-131.
Katanyuu R, 2006, "Beyond Non-Interference in ASEAN: The Association's Role in
Myanmar's National Reconciliation and Democratization". Asian Survey, Vol. 46,
No. 6.
Katsumata H, 2003 "Reconstruction of Diplomatic Norms in Southeast Asia: The Case for
Strict Adherence to the " ASEAN Way". Contemporary Southeast Asia, Vol. 25 No.1,
pp. 104-121
Tan S.S, 2011. “Is Asia-Pasific Regionalism Outgrrowing ASEAN?”, dalam The RUSI
Journal. Vol. 156 No. 1, pp.58–62.
View publication stats