The following Statement was made in the House of Commons on Tuesday 2 February.
“I would like to update the House on the situation in Myanmar. On Sunday evening, Myanmar’s armed forces, the Tatmadaw, seized control of the country, declaring a state of emergency in the early hours of Monday morning. The country is now under the effective control of the commander-in-chief and the military Vice-President, Myint Swe. At around 0200 local time on 1 February, the Tatmadaw began detaining politicians and civil society leaders across the country, including the democratically elected Aung Sang Suu Kyi and President U Win Myint. The Tatmadaw has said that this state of emergency will continue for a year.
The army has also taken control of the airports. Only military broadcasters are still on air, and phone lines and the internet remain at risk of being disconnected again. The military’s actions follow on from its accusations of fraud during November’s election. Aung San Suu Kyi and the National League for Democracy won by a landslide and the military-backed Union Solidarity and Development Party’s share was drastically reduced. While there were significant concerns about the disfranchisement of minority groups such as the Rohingya, there are no suggestions of widespread irregularities. International observers, such as the Carter Center and the Asian Network for Free Elections, found no evidence of significant irregularities in the elections. As such, the United Kingdom considers the election result to credibly reflect the will of the people and that Aung San Suu Kyi’s National League for Democracy party is the rightful winner of the election.
The commander-in-chief has indicated an intention to hold new elections to replace the results of those in November 2020. Any dispute regarding the election results should be resolved through peaceful and lawful mechanisms. The Myanmar Supreme Court is hearing a case on alleged irregularities but has not yet decided whether it has jurisdiction. The reports today of the arrest of the chair of the Union Election Commission are deeply concerning.
The events of Sunday night have filled us all with a profound sense of revulsion and sadness. Our thoughts are with the people of Myanmar, who have once again been robbed of their inherent democratic rights. The elections in 2020, though by no means perfect, were an important step on Myanmar’s path to democracy. We and others welcomed them as a strong endorsement of Myanmar’s desire for a democratic future. Myanmar’s transition has been troubled, with a constitution rigged in favour of the military, a campaign of atrocities and systematic discrimination against the Rohingya and other minorities, and a faltering peace process.
This coup threatens to set Myanmar’s progress back by years—potentially decades. As such, we are clear in our condemnation of this coup, the state of emergency imposed in Myanmar and the unlawful detention of democratically elected politicians and civil society by the military. The Prime Minister and the Foreign Secretary both issued statements to this effect on Monday morning. It is essential that Aung San Suu Kyi and all those unlawfully detained are released. We must receive assurances that their safety, well-being and rights are being respected. The state of emergency must be repealed, arbitrary detentions reversed, the outcome of the democratic elections respected and the national assembly peacefully reconvened. We are aware that there is a risk that demonstrations could provoke a violent response, taking Myanmar back to the dark days of the 1988 uprising or the 2007 saffron revolution, in which scores of civilians were killed.
As for the UK response, we are pursuing all levers to ensure a peaceful return to democracy. First, we have made representations at the highest level within Myanmar to encourage all sides to resolve disputes in a peaceful and legal manner. The Foreign Secretary had a call scheduled for later this week with Aung San Suu Kyi prior to her detention. We are clear in our demands that this call goes ahead and we hope that it will serve as an opportunity to confirm her safety. I formally summoned Myanmar’s ambassador to the UK to the Foreign Office yesterday. In the meeting, I condemned the military coup and the arbitrary detention of civilians, including Aung San Suu Kyi, and made it clear that the democratic wishes of the people of Myanmar must be respected, and the elected national assembly peacefully reconvened. We are doing all we can, working with those in Myanmar, to support a peaceful resolution to this crisis.
Secondly, the international community has a role to play. We are engaging with partners globally and in the region to help to align objectives and find a resolution to the crisis. We will work through multilateral fora to ensure a strong and co-ordinated international response. As president, the Foreign Secretary is co-ordinating G7 partners on its response, aiming to build on its quick statement last week on Navalny. The UK has urgently convened the UN Security Council, which will meet later today. As a champion of the rules- based international order and democratic government, we are driving the international response, including in our role as president of both the G7 and the UN Security Council, urging the military to immediately hand back power to the Government who were legitimately elected in November 2020. The Association of Southeast Asian Nations also has an important role to play, as do the principles of the ASEAN charter, including the rule of law, good governance, and the principles of democracy and constitutional government. We continue to engage with ASEAN partners to support a regional response, and I held a meeting with the Thai Vice-Foreign Minister this morning.
Thirdly, it is the military’s actions that instigated this coup. The UK already has a number of measures in place in response to the military’s past and ongoing atrocities. On 19 September 2017, the UK announced the suspension of all defence engagement and training with the Myanmar military by the Ministry of Defence until there is a satisfactory resolution to the situation in Rakhine. The MoD no longer has a defence section in Yangon. The United Kingdom has already imposed sanctions on 16 individuals responsible for human rights violations in Myanmar. We sanctioned all six individuals named by the UN fact-finding mission report, including the commander-in-chief and his deputy, who are the architects of the current political situation and who also have the power to de-escalate the crisis and restore democracy. We will assess how best to engage with the military, if at all. We have also enhanced private sector due diligence to prevent UK funds from going to military-owned companies.
The UK does not provide direct financial aid to the Myanmar Government, but we provide some targeted support, working through other international organisations and multilateral bodies. In the light of the coup, the Foreign Secretary has today announced a review of all such indirect support involving the Myanmar Government, with a view to suspending it unless there are exceptional humanitarian reasons. It is important that our response holds the military accountable.
We will continue to support the people of Myanmar. We will continue leading the international response to this crisis and calling on the military leaders in Myanmar to relent, revoke the state of emergency, release members of the civilian Government and civil society, including State Counsellor Aung San Suu Kyi and President Win Myint, reconvene the elected national assembly, respect the results of the November 2020 general election, and accept the expressed wishes of the people of Myanmar. I commend the statement to the House.”
My Lords, this appalling action by Myanmar’s military leaders represents a flagrant breach of the country’s constitution and fundamentally undermines the democratic right of its people to determine their own future.
In the week since this Statement was first made, we have seen the people of Myanmar take to the streets to demand democracy. The police are now using rubber bullets, tear gas and water cannons against these peaceful protesters. Many of those brave people have tweeted their own experiences, which I have seen. On the subject of social media, I hope that the Government will look again at how the UK’s CDC has been investing in Myanmar telecoms companies that have been complying with the country’s government-ordered repression and blockages of internet sites. They are now, of course, being used by the military in the coup.
As the military acts on its warning of violent response, the UK is the penholder of Myanmar at the Security Council and has a responsibility to stand up for democracy and against the coup. I welcome the speedy action in convening the UN Security Council and the consensus in calling for democracy, freedom and human rights. However, those words must now be built upon. Can the Minister confirm whether the UK intends to bring forward further resolutions to the council?
Yesterday, President Biden issued an executive order enabling his Administration to immediately sanction the military leaders who directed the coup, their business interests, as well as close family members. The first round of targets would be identified this week and steps were being taken to prevent the generals having access to $1 billion of Myanmar government funds held in the US, which will also impose strong export controls and freeze US assets that benefit the Myanmar Government, while at the same time maintaining support for healthcare, civil society groups and other areas that benefit the people of Myanmar directly. About an hour ago, I saw Dominic Raab’s tweet welcoming President Biden’s actions but not committing to following him. What practical steps have the Government taken to mirror and support our US ally in its actions? What are we doing to ensure, as President Biden asked, that other allies back those sorts of actions?
My Lords, I thank the noble Lord the Minister for bringing this Statement to the House.
It is, indeed, extremely concerning that once again the military has taken over Myanmar. The military says that this is because of irregularities in the elections, even though, as the Government and others have said, there is no evidence of significant problems in an election that delivered an overwhelming majority to the civilian Government. Once again, we see the damage done when, in liberal democracies, leaders say that elections in their own territories are fraudulent, when there is no evidence of that, or they seek to break international law, even in a “limited way”. We need to rebuild respect for the rule of law globally.
The Government are right to say that this coup threatens Myanmar’s recent progress. There have been widespread demonstrations and we are beginning to see the army take more aggressive action, for example with the use of rubber bullets and, it seems, live rounds. A couple of days ago a woman was shot in the head and critically injured. Can the noble Lord update us on how the Government see the perceived risk of army brutality being unleashed on the protestors? Do the Government think that the military leaders in Myanmar are confident that their army will fully support them, given such widespread opposition, especially among young people? We hear that some police have crossed over to join the protestors. Now we hear of a draconian new cybersecurity law being fast-tracked, which would force internet and mobile phone providers to share their user data, which is extremely worrying. Can the noble Lord comment?
Can the Minister also comment on what role China is playing in Myanmar, following on from what the noble Lord, Lord Collins, asked? It is perhaps not surprising that China blocked action in the UN Security Council but I am glad, as the noble Lord said, that the UK took that action. Popular protest is not something that the Chinese Government could easily condone but we gather that they are playing a more significant role in Myanmar, which they jealously guard as “their” neighbourhood.
My Lords, first, I thank the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, for their contributions. They rightly raised a series of issues, which I will seek to address.
In her remarks, the noble Baroness asked for an assessment of the current situation. As the noble Lord, Lord Collins, also noted, it is a week since we last discussed this matter. Let me assure both of them and your Lordships that we have been not just monitoring but acting. Clearly, the situation over the weekend of 6 and 7 February saw large-scale protests; the noble Baroness rightly pointed to the scale of them in both Naypyidaw and Yangon. Notably, we have seen largely—I use that word deliberately but carefully—peaceful protests.
The noble Baroness is quite right to note that, in many instances, the police have been restrained when many people perhaps expected otherwise. However, as the noble Baroness and the noble Lord said, we are concerned by further reports of crackdowns on protestors in Naypyidaw on 9 February, including, as the noble Lord noted, the firing of rubber bullets and the use of water cannons. It remains unclear whether the security forces discharged live rounds, although that was being reported. When I looked into this, I came across a particularly shocking case where, as has been widely reported, a lady was shot in the head.
On the noble Baroness’s point about the cybersecurity law, I, too, have heard about proposed actions in that respect. She will have noted the internet blackouts that have taken place; we are concerned about these as they have made the flow of information in and out of the country that much more challenging. We are clear that internet services must be maintained and freedom of expression protected.
In that regard, I want to pick up on the point rightly made by the noble Lord, Lord Collins, about the CDC. The CDC carries out due diligence for every investment it makes, including in its contract with Frontiir. The investment was made to ensure low-cost internet availability and focused primarily on key areas, including Yangon. In March, there was a Myanmar Government directive to all ISP providers to block websites, which Frontiir and others have followed. Of course, the UK has taken a number of steps over the censorship of websites, but I note carefully what the noble Lord said in this respect. It is part of our strategy to ensure that the internet is restored at the earliest possible opportunity. I would also add that the investment was made with the good intent of providing the most vulnerable people with internet access.
We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of questioners. I call the noble Baroness, Lady Helic.
My Lords, I thank my noble friend for the Statement and the update he has offered. There are immediate actions which must be taken. I draw his attention to those being taken by New Zealand. It has suspended all military and high-level political contact with the country, including a travel ban on its military leaders. At the same time, we must look at this moment of crisis and recognise the depth of the challenges in Myanmar and to its fragile democracy. Progress will be impossible without action on a range of fronts, including on racial discrimination and violent conflict, true inequality and underdevelopment. I hope that our engagement with Myanmar will move beyond this immediate crisis to look at the endemic problems that the country has been suffering from.
My Lords, I take on board what my noble friend said about the military and the need to look at the situation regarding the arms embargo. As she will be aware, the UK is a long-standing supporter of an arms embargo on Myanmar and, together with our EU colleagues, we played a key role in the embargo imposed following the 2017 Rohingya crisis. Since we left the EU, we have transitioned that into domestic law. My noble friend also made a broader point about the importance of stability in Myanmar. We are working in the region, particularly with ASEAN, which has an important role to play in this respect.
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Across the UN system, there is much more that the UK can do to hold the Myanmar military to account. At the International Court of Justice, the UK Government, unlike Canada and the Netherlands, have refused to join the genocide case brought by the Government of Gambia against Myanmar, which would have raised international awareness of that crucial issue. In recent days, the UN special rapporteur on human rights in Myanmar has called for a special session of the Human Rights Council. Does the UK intend to pursue such a session by utilising our seat on the council? Given concerns that the military is following through with its threats of a violent response to the peaceful demonstrations, can the Minister say how we will work with our allies to analyse the reports from those protests to ensure that the international community can most effectively respond to any such repression and hold those people responsible to account?
This House will be aware that there was a leaked FCDO assessment this week showing that the Government are concerned by the prospect of violence in Myanmar. As the UN penholder and president of the Security Council, it falls to the UK to lead. I hope that the noble Lord the Minister will outline a comprehensive strategy today for confronting the intolerable actions of the Myanmar military.
What is happening on the Thai border? What is the attitude of the Thai Government—also under great pressure—with protests again authoritarianism there? We will need to work proactively with others if we are to help to protect the many demonstrators from a brutal crackdown.
One key recommendation is that we should work with others to sanction military companies. The military earns a great deal from its businesses; this has funded its attacks, including this coup. The UN fact-finding mission had already recommended that sanctions be put on military companies even before this coup. I am aware that the UK put Magnitsky sanctions on 16 individuals in the Myanmar security forces. However, these freeze assets in the UK, which they do not have. I realise that these sanctions may send a warning to others in the region—they are important in that regard—but, in this case, they are not very effective in the case of Myanmar. Surely the Government, as president of the UN Security Council and the G7, should lead the way in terms of a widespread arms embargo on Myanmar. What are we doing, for example with our EU allies and others, on this or other strategies?
The US has just placed sanctions on those who led the coup. Is the UK engaging with the US on how to make such sanctions as effective as possible? Do the US plans include military companies? The asset freeze announced by the US on Myanmar Government assets in the US certainly sends a strong signal that this regime is illegitimate.
In addition, the UK should formally join the ICJ genocide case in The Hague; here, I agree with the noble Lord, Lord Collins. Can the Minister update us on that? The Government have said that they are considering it. Now is surely the time to do so.
Can the Minister also comment on the very vulnerable Rohingya and other minorities in this situation? What emerged from his discussions with the Bangladeshi Government last week? What preparations are being made in case of an increased outflow of refugees? We do not want borders closed, as we saw before, but we recognise Bangladesh’s need and that the refugees need to be properly supported. As the Minister knows, more than 1 million Rohingya refugees have fled Myanmar over the past few years.
The military leaders in Myanmar’s brutal assault against the Rohingya were described by the UN as a
“textbook example of ethnic cleansing”.
We cannot stand by and allow further such crimes to follow this coup. Can the Minister tell us what effect the Government’s decision to cut the aid budget will have on their ability to sustain the level of humanitarian and development funding that has gone to Myanmar and is for the Rohingya refugees?
In this very worrying situation, I look forward to the Minister’s response.
The noble Baroness and the noble Lord rightly mentioned the recent announcement from President Biden and his Administration. Indeed, my right honourable friend the Foreign Secretary tweeted this morning about our support for the actions taken. I know that if I were sitting on the other side of the Dispatch Box, I would find this frustrating at times, but let me say that we are looking actively at all the tools at our disposal.
The noble Baroness, Lady Northover, rightly noted the 16 sanctions. To put that in context, 14 of them have been directly rolled over and become applicable in UK law; this is part of what we led on with the EU. There were another two, most notably against the current commander-in-chief of the army and his deputy. They were part of the first tranche of global human rights sanctions that we introduced, and will also stay in place. The noble Baroness mentioned the UN fact-finding mission. Six specific individuals were named in it, and I assure her that all of them are part of the UK’s current sanctions regime.
I note the point made in the context of both individuals and other organisations and firms. All I can say at this juncture is that we are of course looking at the actions of the United States. I come back to the point that this requires co-ordination. While signals may be sent, as I have said repeatedly—I know that the noble Baroness and the noble Lord share my views on this—it is when we act in conjunction with others that we see the best benefit against those we seek to target.
The noble Lord, Lord Collins, asked what actions the UK has taken. He rightly pointed out that we are penholders, particularly on the issue of the Rohingya. However, we are also the current president of the UN Security Council. In this regard, we convened a specific meeting on 4 February. I totally concur with the noble Baroness’s assessment of the importance of China’s role, not just in the current crisis but in terms of the continuing challenge of the situation and suffering of the Rohingya community. China has an important role to play. Through our bilateral engagement and engagement at the UN Security Council, we continually remind China of its important role in this respect. It was notable that, although there was no resolution, a statement was issued by the UN Security Council on the worrying nature of the events and military coup in Myanmar. We will continue to look at the situation during our presidency for the remainder of the month.
The noble Lord and the noble Baroness asked about the actions that we have taken, including at the UN Human Rights Council. Again, I, as the Human Rights Minister, have prioritised this. Together with our European Union colleagues—I somewhat expected the noble Baroness to ask me about the EU, but I will proactively provide her with this information—we worked at the Human Rights Council and will convene a meeting tomorrow on the situation. Of course, we are formal members of the Human Rights Council as well.
On action by the International Court of Justice, which the noble Lord, Lord Collins, and the noble Baroness, Lady Northover, referred to, we are supportive of the Gambia’s action. To put the UK’s formal intervention into context, we are looking at that. A number of countries have stated their intention to intervene but are yet to do so. There is a structured process at the ICJ, part of which is for Myanmar to come back on what has been levied against it by the Gambia and others. I believe that Myanmar has responded, while the other countries which have said that they will formally intervene are now considering their position, as will we, to see when a formal intervention, which we would support, would be best suited to give greater credence to the role of the ICJ in this respect.
I hope I have responded to some of the specifics put to me. The noble Lord, Lord Collins, and the noble Baroness, Lady Northover, will appreciate that we are engaging on this issue proactively across our roles, including in the G7. They will both have noticed that on 3 February we issued a statement as part of the G7. We are using our role at the UN Security Council and the Human Rights Council. I would add one further piece of information. Through our ambassador, we have also attended a briefing with the military-appointed Foreign Minister. We used the occasion to communicate directly to that representative of the current military leaders of Myanmar who are in charge our unequivocal condemnation of the coup.
We join all countries in calling for the release of those who been arbitrarily detained, not least Aung San Suu Kyi. I shall pick up the point about elections raised by the noble Baroness. As we all know, some of these elections are not the most perfect one could imagine. Nevertheless, there were external observers, and it is not for the Myanmar military to call them into question, given the general reports. Putting the disenfranchisement of the Rohingya people to one side, others in the country participated fully and the result was conclusive. I can assure the noble Baroness and the noble Lord that, through engagements beyond the Chamber, I will continue to update them both about the ongoing situation and will seek to provide briefings in a timely manner.