Press Release
The Emergency ASEAN Foreign Ministers’ Meeting was held on 15 October 2021 via video conference and current ASEAN Chair, Brunei Darussalam issued a statement on 16 October 2021 with regard to the accounts of the meeting.
Foreign Minister II of Ministry of Foreign Affairs of Brunei Darussalam in his capacity as ASEAN Chair sent a letter addressed to Union Minister for Foreign Affairs on 18 October 2021 and the Ministry of Foreign Affairs of Brunei also sent a note verbal to the Ministry of Foreign Affairs of Myanmar on 19 October 2021 about the decisions taken at the emergency ASEAN Foreign Ministers’ Meeting of 15 October 2021. In the letters, Brunei informed of Myanmar side that a “Non-Political Representative” will be invited to the 38th and 39th ASEAN Summit and Related Summits.
In the course of the Emergency ASEAN Foreign Ministers Meeting on 15 October 2021, there was no consensus reached either to invite or not to invite on the matter of the status of Myanmar representation. However, ASEAN Chair’s statement issued after the Foreign Ministers Meeting mentioned no consensus on the invitation for the Chairman of the State Administration Council. Therefore, the decision made by the current Chair of ASEAN at the said meeting is found contrary to Article 20 (2) of the ASEAN Charter, which states that the matter of reaching no consensus be referred to ASEAN Summit for the Summit’s decision.
In accordance with Article 8 (2) (a) of the ASEAN Charter, ASEAN Coordinating Council is the body mandated to prepare for the Summit Meetings including invitations to Summits, but not the ASEAN Ministerial Meetings. In the course of the 30th Meeting of the ASEAN Coordinating Council which was held on 4 October 2021, the matter of Myanmar representation was not raised. In this regard, the conduct of the Emergency ASEAN Foreign Ministers’ Meeting on 15 October 2021 failed to comply with the procedures prescribed in Article 8 (2) (a) and is found clearly deviate from the Article aforesaid.
If there is no consensus, ASEAN Summit may decide in accordance with provisions of Article 20 (2) of the ASEAN Charter.
During the course of the Emergency ASEAN Foreign Ministers’ Meeting on 15 October 2021, some ASEAN Member States expressed their own individual position on the status of Myanmar’s representation. Such opinions fall within the context of their own individual interpretation of some articles of the ASEAN Charter. It is noticed that different views on the interpretation of articles are to be dealt with provisions of Article 25 of the ASEAN Charter on Dispute Settlement Mechanism. A dispute unresolved shall be referred to the ASEAN Summit as per Article 26 of the ASEAN Charter.
The Decision made by the current ASEAN Chair, at the Emergency ASEAN Foreign Ministers’ Meeting on 15 October 2021, is found in conformity with the articles mentioned above and contrary to the procedures prescribed. Therefore, Myanmar as a country concerned is difficult to comply with the decision, which was not in line with the procedures and beyond the mandate of the Chair.
Furthermore, in the course of the Emergency ASEAN Foreign Ministers Meeting on 15 October 2021, the matter of participation at the Summits was deliberately linked with the domestic affairs of Myanmar. It is also found in breach of Article 2 (2) (a), (e) and (f) of the ASEAN Charter which states the member states’ adherence to principles of sovereignty, equality, non-interference in internal affairs and national existence of every Member State free from external interference, subversion and coercion.
In accordance with Article 5 of the ASEAN Charter having equal rights and obligations and as per Article 7 (1), the Head of State or Government of Myanmar is entitled to participate in the ASEAN Summits. On the question of the status of representation, the Head of State or Government of Myanmar enjoys equal and full rights to participate in ASEAN Summits.
Taking into all accounts, Myanmar will not be in a position to accept any outcome of the discussions and decisions which are ultra vires and contrary to the provisions, objectives and cherished principles of the ASEAN Charter. Regardless of such position, Myanmar will endeavour to find a peaceful solution based on ASEAN Spirit and ASEAN Way through consultation and negotiation. ASEAN member states should respect the unity and Centrality of ASEAN aiming for long-term interest in accordance with provisions of the ASEAN Charter.
Ministry of Foreign Affairs
Nay Pyi Taw
22 October 2021