MOTION FOR A RESOLUTION on the situation in Myanmar

B9‑0116/2021

European Parliament resolution on the situation in Myanmar

(2021/2540(RSP))

The European Parliament,

– having regard to its previous resolutions on Myanmar and on the situation of the Rohingya,

– having regard to Rule 132(2) of its Rules of Procedure,

A. whereas on 31 January 2021, Myanmar’s military seized all levers of power in Myanmar, consolidating control over the legislative, judicial and executive branches of its government; whereas the military detained the leadership of the civilian governmental authorities, including the State Counselor, Aung San Suu Kyii, President U Win Myin and Chief Ministers U Phyo Min Thein, Dr Zaw Myint Maung, Dr Aung Moe Nyo, Daw Nan Khin Htwe Myint, and U Nyi Pu;

B. whereas a year-long state of emergency was declared, installing Vice-President and former lieutenant-general Myint Swe as the acting President, who immediately handed over power to commander-in-chief Senior General Min Aung Hlaing; whereas a UN Fact-Finding Mission (UNFFM) on Myanmar of 2018 called for Senior General Min Aung Hlaing to be investigated and prosecuted for genocide, crimes against humanity and war crimes;

C. whereas the military authorities are holding dozens of activists and National League for Democracy (NLD) officials incommunicado, thus causing concern as regards their possible mistreatment in custody;

D. whereas internet connections and phone lines throughout the country have been disrupted and pro-democracy activists have been arbitrarily arrested, with incoming reports of more and more people being detained; whereas soldiers in armoured cars have been visibly roaming Naypyitaw and Yangon, inciting fear of lethal violence;

E. whereas, in the biggest demonstration since 2007, tens of thousands of people rallied in Myanmar during the weekend demanding an end to the military coup and the release of Auung San Suu Kyi;

F. whereas the NLD, led by Auung San Suu Kyi, won a victory in the general election of 8 November 2020, taking more than 80 % of the democratically contested seats and increased its parliamentary majority; whereas, while many serious violations of human rights and the rule of law persisted during the years of the civilian-led democratically elected government, recent events risk plunging the country back into the era of repressive direct military rule;

G. whereas in the past, the Government of Myanmar has repeatedly violated basic civil, political and social rights, and failed to hold the country’s security forces accountable for atrocities committed against ethnic minorities;

H. whereas in September 2020, the Conference of Presidents decided to formally exclude Aung San Suu Kyi from all activities of the Sakharov Prize laureate community in response to her inaction and her acceptance of ongoing crimes against the Rohingya community;

I. whereas, reportedly, among the 600 000 Rohingyas who remain in Rakhine State, 120 000 are confined in camps and have very limited access to basic healthcare and education and cannot even move freely; whereas the military regularly committed abuses against civilians during the periods of fighting with ethnic armed groups in Chin, Kachin, Karen, Rakhine, and Shan States; whereas the Government of Myanmar has taken no serious action to hold abusive military commanders or soldiers accountable;

J. whereas in 2019, Gambia brought a case against Myanmar before the International Court of Justice, alleging violations of the Genocide Convention; whereas in January 2020, the court unanimously ordered Myanmar to prevent genocide against the Rohingya;

K. whereas the authorities of Myanmar used overly broad and vaguely worded laws to arrest and prosecute, inter alia, dozens of human rights defenders, activists, journalists, for criticising the government and military or protesting peacefully;

L. whereas the COVID-19 pandemic has intensified the crisis for workers in Yangon’s industrial zones, since employers engaged in union busting and conducted mass lay-offs;

M. whereas on 23 April 2020, the EU Council extended the EU’s arms embargo on Myanmar and prohibited the provision of military training to, and military cooperation with, the army of Myanmar; whereas the EU has imposed individual sanctions on 14 individuals for serious human rights violations, or for association with such violations, committed against the Rohingya population, ethnic minority villagers or civilians in Rakhine, Kachin and Shan States;

1. Denounces the military coup in Myanmar and the associated violence; calls for the immediate end of the state of emergency and for the restoration of democracy and the rule of law in the country;

2. Urges the commander-in-chief and the military to respect the results of the 8 November 2020 elections; calls for the recognition of the elected Parliament of Myanmar and insists that it should have the possibility to resume and elected MPs to fulfil their mandate without impediment;

3. Calls for the immediate and unconditional release of Aung San Suu Kyi, government ministers, regional chief ministers, pro-democracy activists and all other civilians arrested during the coup;

4. Calls for those responsible for overturning democratic transition in Myanmar to be held accountable;

5. Calls for a global comprehensive arms embargo on Myanmar that suspends all direct and indirect supply, sale or transfer, including transit and transhipment, of all weapons, munitions and other military and security equipment and the provision of training or other military and security assistance;

6. Expresses its deep regret that the in camera session of the UN Security Council merely concluded in noting serious concerns over the situation in Myanmar; calls on the UN Security Council to decide on an effective response to the military coup, such as an comprehensive arms embargo on Myanmar and targeted financial sanctions on the commander-in-chief of the Myanmar armies, General Min Aung Hlaing, and other military leaders responsible for atrocious crimes against Rohingya and other ethnic minorities across the country;

7. Calls for the EU to impose, in addition to the existing arms embargo, additional targeted sanctions against military enterprises and military assets responsible for the military coup;

8. Reiterates its strong condemnation of all past and present human rights violations and the systematic and widespread attacks, including killings, harassment, rape and the destruction of property, which, according to the records of the UNIFFM and the Office of the UN High Commissioner for Human Rights (UNHCHR), amount to genocide, war crimes and crimes against humanity, perpetrated by the armed forces against the Rohingya population;

9. Expresses its deep concern over the ongoing discrimination, severe restrictions on movement and deprivation of basic services imposed on the remaining 600 000 Rohingya confined to camps and villages in Rakhine State; calls on the authorities of Myanmar to protect all civilians without discrimination and to halt indiscriminate attacks and other violations of international humanitarian law and human rights law; recalls that Myanmar is under the obligation to comply with the provisional measures order of the International Court of Justice;

10. Urges the authorities of Myanmar to cooperate fully with the UN (including the Independent Investigative Mechanism for Myanmar, the UNFFM the UN Special Rapporteur on the situation of human rights in Myanmar, and the UNHCHR), including by allowing unfettered access throughout the country, so that they may investigate all allegations of crimes under international law and human rights violations and abuses;

11. Stresses that conditions in Rakhine State and in the country as a whole are not conducive for safe, voluntary, dignified, and sustainable returns and insists that the principle of non-refoulement be upheld in all circumstances; calls for further international support to be given to those communities hosting refugees from Rakine State, including by addressing domestic social, educational, economic and healthcare challenges;

12. Condemns all acts of intimidation, harassment or restriction of freedom of expression, notably by the Myanmar military and security forces, as well as other authorities; underlines that media freedom and critical journalism are essential pillars of democracy and are key to promoting good governance, transparency and accountability;

13. Reiterates its call on the authorities of Myanmar to ensure the safety and protection of human rights defenders and lawyers receiving death threats and other forms of harassment and intimidation;

14. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Government of Myanmar, the Association of Southeast Asian Nation Member States, the Secretary-General of the United Nations and the General Assembly of the United Nations.