Security Council were briefed on Myanmar military’s detention of civilian leaders and declaration of a year-long emergency

Date: 03/02/2021

The Security Council members were briefed on Myanmar by Special Envoy Christine Schraner Burgener in a closed videoconference (VTC). A VTC briefing on developments in Myanmar had already been scheduled for 4 February. Members agreed to bring the briefing forward following the Myanmar military’s detention of civilian leaders and the declaration of a year-long state of emergency. The UK has circulated a draft press statement that may be issued following the meeting if members are able to agree on it.

On 1 February, the military (known as the Tatmadaw) detained National League for Democracy (NLD) leader Aung San Suu Kyi, President U Win Myint and other political leaders. The Tatmadaw’s actions reverse a ten-year period of democratic transition following 50 years of military rule. These events took place the same day the new parliament was to convene for the first time following the 8 November elections, where the NLD obtained more than 80 percent of the democratically contested seats and increased its parliamentary majority. (A quarter of the seats are reserved for the military.) The parliament was expected to endorse these results.

Since the election results, the Tatmadaw had called for an investigation into voting lists, alleging fraud and discrepancies. The election commission rejected the allegations of election fraud in a 29 January statement. Tensions had risen in recent weeks as the Tatmadaw continued to contest the election results. On 26 January, a military spokesperson said that it would continue to pursue its allegations of fraud “using all means at its disposal in compliance with the constitution and existing laws”. The military cites the civilian government’s refusal to address its complaints about voter fraud as the key reason for its actions, which it has justified under Article 417 of the constitution that allows the military to take over in a state of emergency.

Secretary-General António Guterres condemned the detention of the civilian leaders and expressed his grave concern regarding the declaration of the transfer of legislative, executive and judicial powers to the military, calling this “a serious blow to democratic reforms in Myanmar”. UN High Commissioner for Human Rights Michelle Bachelet said that she was alarmed by reports that 45 people have been detained and urged their immediate release. Tom Andrews, the UN Special Rapporteur on the situation of human rights in Myanmar, called for the release of all those detained and for decisive action, including the imposition of strong targeted sanctions and an arms embargo.

Brunei Darussalam, the chair of the Association of Southeast Asian Nations (ASEAN), encouraged “the pursuance of dialogue, reconciliation and the return to normalcy in accordance with the will and interests of the people of Myanmar”. ASEAN countries appear to have slightly different positions regarding the military’s actions. Members such as Indonesia, Malaysia and Singapore issued statements stressing the importance of restraint and dialogue, while Cambodia, the Philippines and Thailand appear to have taken the position that this an internal matter. ASEAN generally holds a policy of non-interference in members’ internal affairs, although the humanitarian situation in Rakhine State has prompted statements from ASEAN in the past.

The US issued a statement opposing any attempt to alter the outcome of the elections or impede Myanmar’s democratic transition, also suggesting that it would take action against those seeking to do so if they did not reverse course. Separately, US President Joe Biden released a statement indicating that the US, which had lifted sanctions on Myanmar over the past decade, would need to review its sanctions laws in relation to Myanmar due to the military’s actions. In a statement, the UK Foreign Office condemned the state of emergency and detentions and called on the military to respect the rule of law and human rights. France has also condemned the military’s actions, calling them an unacceptable threat to Myanmar’s democratic process.

In a press briefing, China said that it had noted what had happened in Myanmar and that it was “in the process of further understanding the situation”, adding that it hoped that all sides would be able to “handle their differences under the constitution and legal framework and safeguard political and social stability”. India, another Council member and neighbour of Myanmar, noted the developments with “deep concern” and said that the rule of law and the democratic process must be upheld.

CURRENT SUPREME COURT JUDGMENTS

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.
Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.

© Advocatetanmoy Law Library

Like this:

Related