Stand with Timor-Leste: Advance Justice for the People of Myanmar

At this decisive historical juncture for the people of Myanmar, Timor-Leste has once again demonstrated what principled action can achieve in confronting the junta’s terror campaign and seek justice for the people of Myanmar. By opening legal proceedings against the Myanmar military for war crimes and crimes against humanity, Timor-Leste has meaningfully exercised its moral and legal responsibility to pursue justice and accountability. In doing so, it has challenged the entrenched culture of impunity that has long shielded the Myanmar military from consequences. Despite forceful retaliation and diplomatic intimidation by the junta, it has remained steadfast in its defense of human rights. It is therefore imperative that ASEAN, particularly under the chairship of the Philippines, fully support Timor-Leste, not only in the protection of civilians in Myanmar but also in the interest of regional peace and security.

On 12 January, the Chin Human Rights Organization (CHRO) and the Myanmar Accountability Project (MAP) filed a criminal complaint under the principle of universal jurisdiction with the Prosecutor’s Office in Timor-Leste for war crimes and crimes against humanity committed by the Myanmar military junta in Chin State. In early February, Timor-Leste’s judicial authorities opened legal proceedings against the Myanmar military and appointed a senior prosecutor to examine the case.

This extraordinary move was a punch in the gut to the junta’s sense of impunity. Accountability is what the junta fears most, aware that justice narrows its avenues of escape. Consequently, the junta reacted aggressively and defensively. Upon learning of the submission of the case file, the junta summoned Timor-Leste’s chargé d’affaires in Naypyidaw and issued threats. It has now ordered Timor-Leste’s diplomat to leave Myanmar within seven days. This is not an isolated incident. In August 2023, it ordered the expulsion of Timor-Leste’s top diplomat for his government’s meeting with representatives of the National Unity Government (NUG).

First and foremost, it must be made clear that it is the terrorist military junta, which lacks any legitimacy, that is intimidating the diplomatic representative of Timor-Leste. This is simply an act of fear and delusion. Second, Timor-Leste is acting now where others failed to act years ago, thereby upholding international legal responsibilities. Its actions are grounded in its obligations as a State Party to the Rome Statute through the exercise of criminal jurisdiction over alleged perpetrators of atrocity crimes in Myanmar.

In desperation, the junta selectively invoked the non-interference policy to continue to enjoy its long-entrenched impunity, on the verge of collapse—a doctrine that ASEAN has repeatedly used to override justice, human rights, and civilian protection in the name of regional stability. Similarly, the junta made an illegitimate claim of “non-interference” during Malaysia’s chairship last year to block the admission of Timor-Leste into ASEAN, an attempt that ultimately failed.

Timor-Leste aligned itself with the people of Myanmar and the Spring Revolution from the very beginning by officially rejecting the military junta and its illegal coup attempt. It also recognized and supported the legitimate government of Myanmar, the NUG, through formal and substantive engagement with its Minister of Foreign Affairs, Daw Zin Mar Aung.

At the time the junta first ordered its diplomat to leave the country in 2023, Timor-Leste did not retreat. It reaffirmed its position by releasing a statement that “reiterates the importance of supporting all efforts for the return of democratic order in Myanmar and expresses its solidarity with the Myanmar people.” In response to the junta’s aggression following the opening of legal proceedings, it has once again maintained its position by issuing another statement. Meanwhile, the NUG expressed its sincere appreciation to Timor-Leste and all countries for their support for accountability in Myanmar. This decisive stance and courageous action taken by Timor-Leste set a positive example for both ASEAN and the wider international community.

While ASEAN has struggled for nearly five years since 2021 to implement its ineffective Five-Point Consensus to address the crisis in Myanmar, Timor-Leste, a newly joined ASEAN member, has taken a precedent-setting by initiating legal proceedings against the military junta for its atrocity crimes against the people of Myanmar. Such action is historically uncommon among ASEAN members, yet it offers a far more effective moral and practical path to address the crisis. It demonstrates a genuine commitment to international accountability rather than the routine gestures of rhetoric and recycled statements.

It is noted that ASEAN has taken some positive steps, most notably by accepting Timor-Leste as its 11th member—a move that signals a rejection of the Myanmar military junta’s attempt to block Timor-Leste through its illegitimate claim to state power. It has also taken a firm stand by neither sending observers nor endorsing the junta’s sham election. However, these limited actions are not enough to end the junta’s violence; only justice can. This is the time for ASEAN to fully back Timor-Leste’s initiative. What Timor-Leste has undertaken offers a more decisive path forward for ASEAN at a time when the junta’s coup attempt has fueled a surge in transnational crimes threatening security across the region.

In particular, the Philippines’ cooperation with the International Criminal Court (ICC) in relation to former President Duterte in pursuing justice for his “war on drugs” victims signaled that accountability mechanisms are not external impositions but instruments of the rule of law. Such commitment must be applied consistently across ASEAN member states, including to Myanmar. Therefore, we particularly urge the current chair of ASEAN, the Philippines, to take decisive and principled leadership in addressing the Myanmar crisis by supporting ongoing efforts for justice and accountability.

To back Timor-Leste is to affirm that international law must be made effective in Southeast Asia and to end the risk of ASEAN’s complicity in the Myanmar military junta’s atrocity crimes. At this historic moment, ASEAN faces a defining choice: to continue managing the crisis rhetorically while the junta’s violence escalates, or to stand firmly on the side of justice and the people of Myanmar. The path forward is clear. The ASEAN must rise to meet its moral and legal responsibilities to support accountability, stand with the people of Myanmar and stand with Timor-Leste.

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[1] One year following the 1988 pro-democracy uprising, the former military junta changed the country’s name from Burma to Myanmar overnight. Progressive Voice uses the term ‘Myanmar’ in acknowledgement that most people of the country use this term. However, the deception of inclusiveness and the historical process of coercion by the former State Peace and Development Council military regime into usage of ‘Myanmar’ rather than ‘Burma’ without the consent of the people is recognized and not forgotten. Thus, under certain circumstances, ‘Burma’ is used.

Progressive Voice is a participatory, rights-based policy research and advocacy organization that was born out of Burma Partnership. Burma Partnership officially ended its work on October 10, 2016 transitioning to a rights-based policy research and advocacy organization called Progressive Voice. For further information, please see our press release “Burma Partnership Celebrates Continuing Regional Solidarity for Burma and Embraces the Work Ahead for Progressive Voice.”