The 40th And 41st ASEAN Summits In Cambodia: Discussion On Myanmar Issues, From Empty Chairs To Threats Of Arms Embargoes

President Jokowi (fourth rights) conducted a photo session at the opening of the 40th and 41st ASEAN Summits and related summits at Phnom Penh, Cambodia, Friday (11/11/2022). (ANTARA)

JAKARTA - Since its establishment on April 24, 2021, there has been no progress in the implementation of the Five-Point Consensus (5PC) to help end the conflict in Myanmar.

The stagnation in the implementation of the ASEAN consensus which contains five points for Myanmar's peace has irritated the ASEAN leaders.

The feeling of disappointment with the Myanmar Military Junta by ASEAN leaders, especially Indonesian President Joko Widodo, was conveyed during the Retreat session of the 41st ASEAN Summit which took place in Phnom Penh, Cambodia.

ASEAN leaders expressed their deep concern and disappointment over the deteriorating situation in Myanmar.

Since the military overthrew Myanmar's civilian government in a coup on February 1, 2021, violence, especially against the anti-junta military group, has continued.

ASEAN leaders are disappointed that there has been no significant progress in implementing the Five-Point Consensus and the lack of commitment by the Myanmar military junta to implement these concessions.

The disappointment of the ASEAN leaders in the Myanmar Military Junta was not only conveyed through various condemning statements but also shown by giving vacant seats to represent Myanmar's civilian government which was overthrown during the ASEAN Summit.

The seat reserved for Myanmar was not filled by the country's representative at the 2022 ASEAN Summit at the Sokha Hotel, Phnom Penh, Cambodia, Friday (11/11/2022). (Antara/Hafidz Mubarak A)

The empty bench seems to reflect dissatisfaction with what is happening in Myanmar at the moment.

The vacant seat also reflects ASEAN's hopes for a better future for Myanmar.

During the Retreat session of the 41st ASEAN Summit, President Joko Widodo (Jokowi), as quoted by Antara, said that Indonesia was very disappointed with the Myanmar military government because there had been no significant progress in implementing the Five Point Consensus and the situation in the country was getting worse.

Indonesia is also disappointed because there is no commitment from the Myanmar Military Junta to implement the Five Point Consensus.

The Five Point Consensus calls for a cessation of violence, dialogue with all stakeholders, appointing a special envoy to facilitate mediation and dialogue, allowing ASEAN to provide humanitarian assistance to the people of Myanmar, and allowing the ASEAN special envoy to visit and meet with stakeholders in Myanmar.

The President said that the situation in Myanmar should not interfere with ASEAN travel or cooperation.

The President also conveyed the importance of stopping the use of violence in Myanmar as soon as possible.

Indonesia proposed that non-political representatives from Myanmar also not be allowed to attend meetings outside the ASEAN Summit and ASEAN Foreign Ministers' meetings.

Indonesia also proposed that ASEAN involve all stakeholders in Myanmar to resolve the crisis in Myanmar. Indonesia and ASEAN are ready to facilitate an inclusive national dialogue based on the Five Points Consensus.

In addition, Indonesia is committed to continuing to provide humanitarian assistance to the people of Myanmar.

Warning to the Military Junta

Leaders of the Association of Southeast Asian Nations (ASEAN) issued a warning to the Myanmar Military Junta due to the lack of significant progress in the implementation of the Five Point Consensus.

This can be seen in one of the paragraphs/items in the document of the review statement and the decision of the ASEAN Leaders regarding the implementation of the Five Point Consensus.

The ninth point in the ASEAN Leaders' review statement and decision document regarding the implementation of the Five Point Consensus reaffirmed the ASEAN leaders' decision that non-political representatives from Myanmar were not to attend the ASEAN Summit and the ASEAN Foreign Ministers' meeting.

In paragraph 9, the ASEAN leaders also assigned the ASEAN Coordinating Council in this case meaning the ASEAN Foreign Ministers to further review Myanmar's participation in all ASEAN meetings, if the situation requires it (implementation of the Five Point Consensus has stalled, red ).

When viewed as a whole the decisions of the ASEAN leaders regarding the implementation of the Five Point Consensus, the message contained is as follows, firstly this is the first time ASEAN leaders have emphasized that non-political level representatives from Myanmar are not allowed to participate in the ASEAN Summit and the ASEAN Foreign Ministers Meeting.

This is the first written decision at the ASEAN leadership level issued by ASEAN. Of course, this becomes jurisprudence for ASEAN, said Indonesian Minister of Foreign Affairs Retno Marsudi.

Then, item nine in the ASEAN Leader's review statement and decision document regarding the implementation of the Five Point Consensus gave a warning to the Myanmar Military Junta.

The leader of the Myanmar military junta, General Min Aung Hlaing. (CNN)

In case the situation does not improve, then the arrangements applied for the Summit and ASEAN Ministerial Meeting can apply to other ASEAN meetings.

The United Nations (UN) Antonio Guterres also called on the Myanmar Military Junta to release all political prisoners and immediate return to democratic transition

Such efforts must be made to pave the way to lasting peace and security.

The United Nations highlighted the political, security, human rights, and humanitarian situation in Myanmar which is increasingly mired in disaster.

Myanmar is in a difficult situation because of increasing levels of violence, the disproportionate use of force, and the dire human rights situation in Myanmar.

The United Nations insists indiscriminate attacks on civilians constitute war crimes under international law.

The United Nations appreciates what ASEAN has done to end the bloodshed in Myanmar through the Five Point Consensus.

However, the international organization urges all countries including ASEAN members to find a comprehensive strategy so that Myanmar meets the needs and aspirations of its people.

The UN urged ASEAN countries to keep borders open and provide protection and assistance to refugees from Myanmar.

"No refugee should be forced to return to suffering and danger. And I reiterated the need for urgent action by the Myanmar authorities for the voluntary return of nearly one million Rohingya refugees," Guterres said.

The meeting of ASEAN leaders at the 40th and 41st ASEAN Summit which took place in Phnom Penh, Cambodia, resulted in a review statement and a decision by the ASEAN Leaders regarding the implementation of the Five Point Consensus.

In this document, ASEAN urged the Myanmar Military Junta to comply with and implement the Five Point Consensus.

ASEAN emphasized that the Five Point Consensus will remain a valid reference and must be implemented as a whole.

Pressure and criticism coming from ASEAN leaders will not stop the Military Junta's violence against Myanmar civilians, without being accompanied by concrete action.

Concrete actions must be developed in resolving the Myanmar crisis such as imposing stricter economic and diplomatic sanctions against the Myanmar military.

An arms embargo against the Myanmar Military Junta must also be implemented with an effective enforcement mechanism to cut off access to weapons.

On the other hand, ASEAN is also "held hostage" by the policy of not intervening in domestic issues by its members on behalf of the ASEAN Way or the non-intervention principle.

However, ASEAN can use the ASEAN Regional Forum to discuss political security issues in the region such as the Myanmar crisis.

Through the forum, ASEAN can involve the United States, the People's Republic of China, Japan, Russia, and the European Union (EU) in constructive dialogue to resolve the bloodshed in Myanmar.

By maximizing the role of ASEAN and involving the influence and power of major powers, Myanmar's vacant seats at the 40th and 41st ASEAN Summits can hopefully be filled again by leaders elected by the people in a democratic way.