A total of 260 Civil Society Organizations have released a Civil Society Position Paper addressing ASEAN’s goal of a “Myanmar-Owned and -Led Solution” to the Myanmar crisis.

The paper is released on 16 December 2024. It comes over three years after the Myanmar military coup and the failure of ASEAN’S Five-Point Consensus aimed to bring peace to the country.

Here is the full paper:

Civil Society Position Paper Addressing ASEAN’s Goal of a “Myanmar-Owned and -Led Solution”

Civil Society Position Paper Addressing ASEAN’s Goal of a “Myanmar-Owned and -Led Solution”

Summary of Recommendations

(1)          Move beyond the Five-Point Consensus to achieve a Myanmar people-led and people- centered solution to the crisis in Myanmar. ASEAN’s “Myanmar-owned and -led” approach must be backed by genuine political will that aligns with and supports the collective aspirations of the people of Myanmar.

(2)          Cease all pressure on Myanmar’s revolutionary forces and civil society to join any processes to engage or compromise with the illegitimate military junta, and support a locally led political consultation process that entirely excludes the junta.

(3)          End all engagements, including economic and military engagements, with the military junta, and engage formally with the legitimate representatives of Myanmar.

(4)          Publicly denounce and end all support for, or plans to support, the military junta’s sham election.

(5)          Provide humanitarian aid for internally displaced persons (IDPs) in collaboration with legitimate stakeholders and civil society groups through cross-border channels.

(6)          Join the ongoing international and Myanmar people’s efforts to hold the Myanmar military accountable under international law for its commission of war crimes, crimes against humanity, and genocide.

Analysis of ASEAN Leaders’ Recent Decision on the Five-Point Consensus

ASEAN’s Five-Point Consensus (5PC) has proven extremely harmful to the Myanmar people in its futile attempt to address the junta-caused crisis in Myanmar. Nevertheless, on 9 October 2024, ASEAN leaders announced their decision to continue with this failed approach. This decision blatantly ignores the repeated and united calls of the Myanmar people for ASEAN to move beyond the 5PC and support the people’s collective aspirations to fully dismantle the military and establish an inclusive federal democracy. Despite claims of “ASEAN’s commitment to assisting Myanmar in finding a peaceful and durable solution to the ongoing crisis,” ASEAN’s decision to “[m]aintain the 5PC as the main reference to address the political crisis in Myanmar” will surely fail “to achieve an inclusive and durable peaceful resolution that is Myanmar-owned and -led” as long as the people’s calls and aspirations go unsupported.

Since the creation of the 5PC, not only has ASEAN utterly failed to stop the military junta’s violence and save people’s lives, but it has also become complicit in the junta’s crimes against the people. By reaffirming their sole reliance on the failed 5PC, in spite of the junta’s blatant disregard thereof, ASEAN leaders are fueling the junta’s violence and further abandoning the Myanmar people to be terrorized, bombed, tortured, and murdered with complete impunity by the military junta.

Over the past year, the military junta has severely escalated its mass atrocity crimes in retaliation against the people’s ongoing resolute and collective defiance against its illegal coup attempt and for its major territorial losses to the democratic resistance movement. In the first eight months of 2024, the military junta conducted an average of seven airstrikes per day—totaling at least 1,639, amounting to nearly 50% of its total airstrikes since the coup attempt. To this day, the military junta continues to conduct violent ground raids and an unprecedented number of aerial attacks targeting civilians and civilian infrastructure—including schools, religious buildings, medical facilities, and internally displaced person camps—as a form of collective punishment. Since February 2024, the junta has further escalated its violence against civilians through forced conscription, driving mass displacement within Myanmar and across borders. According to the United Nations, as of 9 December 2024, the military’s violence has internally displaced more than 3.4 million people in Myanmar—likely a gross underestimation of the actual magnitude of displacement. As of 31 October 2024, since the failed coup in February 2021, approximately 52,100 people have been displaced to Thailand, 12,200 to Malaysia, and 3,400 to Indonesia.

At present, the Myanmar military is facing allegations of atrocity crimes at the International Criminal Court, the International Court of Justice, and in Argentina. Furthermore, the Independent Investigative Mechanism for Myanmar “has collected significant volumes of credible evidence and information indicating the commission of war crimes in connection with armed conflict and crimes against humanity as part of a widespread and systematic attack against the civilian population” by the Myanmar military junta and affiliated militias since the failed coup.

Instead of acting to end the criminal junta’s atrocity crimes as laid out in the 5PC, ASEAN has only deepened its complicity therein, with some of its member states aiding and abetting these crimes by harboring the junta’s financial assets and facilitating the supply of arms and aviation fuel—all while lending the junta false legitimacy through state and regional level engagements. According to the UN Special Rapporteur on the situation of human rights in Myanmar, from April 2023 to March 2024, the junta imported more than USD 120 million in weapons and military supplies from Thailand-registered suppliers—a 100% increase from the previous year—and more than USD 10 million from Singapore- based suppliers. In January 2024, Amnesty International reported that the junta has been importing aviation fuel through Vietnam, evading sanctions to continue its airstrikes on civilians.

ASEAN must take full responsibility for its role in exacerbating the crisis in Myanmar, particularly its complicity in—and its members’ aiding and abetting of—the junta’s atrocity crimes.

ASEAN puts its hypocrisy on full display by claiming that its goal is “to help the people of Myanmar to achieve an inclusive and durable peaceful resolution that is Myanmar-owned and -led.” In its recent decision, ASEAN once again failed to align its efforts with the Myanmar people’s demands for ASEAN to cut all ties with the military junta. If ASEAN truly wants to pursue “a Myanmar-owned and

-led solution” to “help the people” as it has repeatedly stated, ASEAN must ensure that the military junta is barred from representing Myanmar in any capacity across all platforms.

Any “Myanmar-owned and -led solution” that is also “inclusive and durable” must align with the will and aspirations of the Myanmar people and must only involve legitimate stakeholders working to dismantle the military junta. ASEAN’s insistence on “inclusive national dialogue” that involves the junta blatantly ignores the will of the Myanmar people—who are fending for their lives, liberty, and democracy—by bringing to the table the very perpetrators of atrocity crimes against them and ignoring the military’s undeniable role as the root cause and exacerbator of decades-long violence and instability in Myanmar.

ASEAN’s engagements with the junta severely exacerbate Myanmar’s crisis and contravene ASEAN’s goals by emboldening the junta, not representing the Myanmar people, and eroding any trust thereof. By continuing to attend junta-hosted conferences, invite the junta to represent Myanmar, and hold talks with junta representatives, ASEAN emphasizes its own susceptibility to the military junta’s political manipulation and propaganda. Furthermore, through these engagements, ASEAN is not only stroking the ego of and lending false legitimacy to the illegal, illegitimate, and criminal military junta—which weaponizes humanitarian aid and lacks any legal authority to hold an election in Myanmar—but ASEAN is also blatantly undermining the Myanmar people’s immense sacrifices and efforts to build a peaceful Myanmar.

In October 2024, ASEAN welcomed the junta to represent Myanmar at its 44th and 45th Summits while only informally engaging with the people’s legitimate representatives, such as the National Unity Government (NUG), the National Unity Consultative Council (NUCC), and Ethnic Resistance Organizations (EROs). Furthermore, ASEAN member states allowed the junta to host the 42nd ASEANAPOL Conference in Naypyidaw from 21–25 October, with officials from every member state in attendance. On 7 November 2024, Cambodia, Laos, Thailand, and Vietnam allowed junta leader Min Aung Hlaing to assume the chairmanship of the Ayeyawady-Chao Phraya-Mekong Economic Cooperation Strategy.

ASEAN has an obligation to represent the Myanmar people and respect their sovereignty. The people have resoundingly rejected the illegal and illegitimate junta as their government. By allowing any junta personnel to represent Myanmar, ASEAN has clearly breached its duty to the Myanmar people and their well-being. ASEAN must remember: Without the people, there would be no Myanmar. Going forward, ASEAN must stand with the Myanmar people and support—through its decisions and its platforms—their political aspirations for federal democracy and protection of human rights.

Moreover, ASEAN’s engagements with the junta can never and will never serve as “a crucial step to building trust and bridging differences among different stakeholders.” Letting the junta take Myanmar’s seat has only caused further loss of the Myanmar people’s trust in ASEAN. With a massive trust deficit between ASEAN and the Myanmar people, ASEAN—because of its own failure—cannot and should not expect any tangible or sustainable outcomes from its so-called “Myanmar-owned and-led” approach.

ASEAN’s decision to “[e]xpedite” its misguided approach through “informal consultation[s]” clearly aims to impose quick-fix solutions for its state-centric approach to stability, which will only keep Myanmar trapped in a cycle of violence and military tyranny. It is of grave concern that, with this decision, ASEAN is likely to put pressure on revolutionary forces and civil society to engage or compromise with the military junta, with the alleged goal of “restoring peace, stability, [and] democracy.” But this rush to stability—without the protection of human rights and without justice and accountability—will only enable the recurrence of military dictatorship in Myanmar, precluding any hope for a durable peace and genuine stability.

“An inclusive and durable peaceful resolution” can only be achieved in Myanmar by completely dismantling the criminal military institution and establishing a civilian-led federal democracy that guarantees human rights for all communities in Myanmar. Thus, for regional peace, security, and stability, it is in ASEAN’s best interest to fully support the establishment of a federal democratic Myanmar free from military tyranny. ASEAN’s idea of peace—defined by returning to “business as usual”—ignores the lessons from Myanmar’s past decade. ASEAN must learn those lessons and change its approach accordingly: During the previous so-called “peace process” resulting in the failed “Nationwide Ceasefire Agreement,” the rush to negotiate with the Myanmar military prevented the process from being genuinely democratic and inclusive, and eroded trust among those in opposition to the military. That process kicked off with a one-sided agenda framed and dominated by the military, denying other stakeholders any safe and meaningful opportunities to participate equally in the development of the process, much less be involved in decision-making therein.

Furthermore, bringing the “conflicting parties” together—with Myanmar military on one side and revolutionary forces on the other—cements a problematic assumption that the Myanmar military will be a part of the power structure going forward. This assumption also contravenes the reality on the ground and undermines the people’s tireless efforts to build a new, peaceful federal democratic Myanmar, free from military tyranny. Townships covering 86% of the country’s territory and including 67% of the national population are not under stable junta control. Moreover, as the military junta suffers major losses and teeters on the brink of collapse, the Myanmar people’s revolution continues to gain more effective control and establish and strengthen people-led governance through civilian administrations, law enforcement, and the provision of public services, such as in Karenni State—with the Federal Democracy Charter as the guiding framework for a new Myanmar.

Despite ASEAN’s decision to “[a]dvance the safe, effective, and transparent delivery of ASEAN humanitarian assistance without discrimination,” any continued efforts to provide aid through the ASEAN Coordinating Centre for Humanitarian Assistance on disaster management (AHA Centre) will only further exacerbate humanitarian needs on the ground. This is because, firstly, the AHA Centre lacks the mandate and capacities to address the junta-caused crisis in Myanmar, and, secondly, ASEAN continues to engage with the military junta—the very perpetrator of the humanitarian crisis—through the AHA Centre to deliver aid. In particular, the ongoing presence of the junta-controlled Ministry of Social Welfare, Relief and Resettlement on the AHA Centre’s Governing Board allows the military junta to “exercise the overall direction [and] control” of any aid distributed through the AHA Centre. Ultimately, any partnership between the AHA Centre and the military junta will continue not only to enable the junta’s terror campaign, including its weaponization of aid, but also to deepen ASEAN’s complicity in the junta’s ongoing atrocity crimes.

Recommendations to ASEAN and its Member States

(1)          Move beyond the dead-on-arrival 5PC to achieve a solution that is truly Myanmar-owned and -led. Since the birth of the 5PC, the junta has actively disregarded the 5PC through its repeated commission of atrocity crimes. Meanwhile, the people have lost all trust in ASEAN because of its horrific failure to address Myanmar’s crisis and save lives. As a result, it is beyond clear that the 5PC can never “be implemented in its entirety,” making ASEAN’s decision void of meaning. Going forward, any efforts by ASEAN “to help the people of Myanmar to achieve an inclusive and durable peaceful resolution that is Myanmar-owned and

-led” must not be empty rhetoric or lip service to the Myanmar people. These efforts must be truly meaningful and driven by genuine political will to support the vision, aspirations, and well-being of the Myanmar people. ASEAN must unequivocally support the Myanmar people’s goals to fully dismantle the military and establish an inclusive federal democracy.

(2)          Cease all pressure on Myanmar’s revolutionary forces and civil society to join any processes to engage or compromise with the illegitimate military junta, and support a locally led political consultation process that entirely excludes the junta. For a truly “Myanmar-owned and -led” solution, ASEAN must not exert any pressure on Myanmar’s revolutionary forces and civil society to take part in processes to engage or compromise with the military junta. Instead, ASEAN must support the revolutionary forces and civil society, including the people’s legitimate representatives, to lead the way and shape the process towards “an inclusive and durable peaceful resolution” and the rebuilding of Myanmar. ASEAN must follow and support the Myanmar people’s leadership and provide a safe and enabling platform and environment for Myanmar’s legitimate democracy stakeholders to talk—without any involvement of the junta. The complete exclusion of the junta is the only way to ensure robust and meaningful consultation and participation of Myanmar’s civil society and legitimate democracy stakeholders in this process.

(3)          End all engagements with the military junta immediately and engage formally with the legitimate representatives of Myanmar. If ASEAN genuinely wishes to help the Myanmar people achieve sustainable “peace, stability, [and] democracy,” ASEAN and its member states must cease all engagements with and support of the military junta, as any engagement only enables the junta to continue its violence against the people and deepens ASEAN’s complicity in the junta’s international crimes. ASEAN must also completely ban all junta representatives from and disallow the junta any access to ASEAN’s platforms. ASEAN must instead align with the Myanmar people’s efforts to build a new, inclusive federal democratic Myanmar. In this regard, Malaysia—as the incoming Chair of ASEAN for 2025—must invite the NUG to take Myanmar’s seat.

In tandem, ASEAN must ensure that it is formally engaging—on equal terms—with Myanmar’s democracy stakeholders and legitimate representatives, including the NUG, the NUCC, EROs, and federal units, including but not limited to the Interim Executive Council of Karenni State (IEC), the Chinland Council, and the Mon State Federal Council (MSFC).

(4)          Publicly denounce and end all support for, or plans to support, the junta’s planned sham election. The junta has no mandate nor legitimacy to conduct any election: Firstly, the people of Myanmar nationwide have categorically rejected, and continued to reject, the junta since its illegal coup attempt. Secondly, the Committee Representing Pyidaungsu Hluttaw— Myanmar’s elected representatives from the 2020 general election—has already declared the 2008 constitution null and void following the junta’s illegal coup attempt. In addition, throughout 2024 the junta has lost substantial territorial and effective control across the country. Furthermore, in October 2024, groups of junta personnel—including soldiers, police, and militia armed with guns—intimidated locals into participating in its sham census in areas under its control.

ASEAN must prove that it is capable of and committed to abiding by its own Charter by adhering to the principles of democracy and rule of law by publicly denouncing the junta’s planned sham election. If ASEAN fails to do so, ASEAN will have to take full responsibility for the military junta’s continued violence and atrocity crimes against the Myanmar people.

(5)          Provide humanitarian aid for IDPs in collaboration with legitimate stakeholders and civil society through cross-border channels. The cross-border provision of humanitarian aid must not involve the military junta or any of its auxiliaries, including the Myanmar Red Cross Society. ASEAN must finally accept the reality that aid through or in collaboration with the junta cannot and will not reach the communities in direst need, but aid reaching these communities has been, and continues to be, possible through locally led cross-border channels. Therefore, to reach IDPs and save lives, aid must be provided through cross-border channels, in collaboration with Myanmar’s legitimate stakeholders, and directed to local civil society organizations, community-based organizations, and other trusted local frontline responders. This humanitarian assistance must also be gender responsive.

(6)          Join the ongoing international and Myanmar people’s efforts to hold the Myanmar military accountable under international law for its commission of war crimes, crimes against humanity, and genocide. In fulfillment of ASEAN’s international obligations, ASEAN and its member states must put an end to the Myanmar military’s mass atrocities and other international crimes. Accordingly, we call on the Philippines and other member states to assume universal jurisdiction, without further delay, over cases submitted by victims and survivors of the Myanmar military’s crimes, as a concrete step towards justice and accountability.

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