Day: September 29, 2022

Detained State Counsellor Aung San Suu Kyi was sentenced to an additional three years in prison on Thursday. Sean Turnell, an Australian citizen who served as an economic advisor during the National League for Democracy-led government, and three NLD ministers were also given three year sentences.

They were prosecuted under the Myanmar Government Secrets Act, according to sources close to the court. The case was based on the contents of Turnell’s computer and some of his documents.

The three ministers prosecuted along with Turnell and Suu Kyi were NLD Government Planning and Finance Minister Soe Win, Deputy Minister of Planning, Finance and Industry Set Aung and the former Minister of Planning and Finance Kyaw Win.

Turnell was also sentenced to a further three years under the Immigration Law but the two charges will be served concurrently.

Suu Kyi has now been sentenced to a total of 23 years in prison for 12 cases.

Bo Oo, MP for Dala township in Yangon region, said the prison terms were illegal. He told RFA sentencing the four was only intended to scare the people of Myanmar and strengthen the position of the State Administration Council (SAC).

Turnell worked as a business advisor to Suu Kyi since 2017 under the NLD-led government. He is the first foreigner close to the NLD to be detained since the military coup.

Lawyer U Gyi Myint said imprisoning Turnell under the Secrets Act is not appropriate because the Australian is an economist officially appointed by the NLD-led Government.

“Sean Turnell was legally hired and paid for his work by the state. How can these people who represent the State break the secrecy laws?” he said.

Turnell was arrested five days after the Feb. 1, 2021 coup. Australia’s then-foreign affairs minister Marise Payne called for his immediate release on the first anniversary of his detention. That call was repeated in June by current foreign affairs minister Penny Wong and Australian Prime Minister Anthony Albanese.

RFA emailed the Australian Embassy in Myanmar regarding his conviction, but has yet to receive a reply.

The U.N. Secretary General’s Special Envoy for Myanmar Nolin Heza also requested the release of Turnell when she met with State Administration Council Chairman, Senior Gen. Min Aung Hlaing, in Naypyidaw on Aug. 17.

The SAC Chairman responded that if the Australian Government took positive action in the case of Turnell, there would be no reason for Myanmar to act harshly.

The Association of Southeast Asian Nations (ASEAN) says it welcomes the U.S.’s role as an important partner but Washington should respect the existing regional architecture.

Bruneian Lim Jock Hoi, the bloc’s current secretary-general, said at a recent event at the Center for Strategic and International Studies (CSIS) in Washington D.C., that while the U.S.’s presence in the ASEAN region is important, it “should complement existing regional architecture that is open and inclusive.”

Its most senior official took part in a special discussion about the U.S-ASEAN partnership, hosted by the CSIS on Monday as its “inaugural” ASEAN Leadership Forum. 

ASEAN is marking the 45th anniversary of its relationship with Washington this year. 

“Peace and stability has always been a primordial concern of ASEAN since it was founded in 1967,” Lim emphasized.

U.S.-led initiatives such as the Indo-Pacific Economic Framework (IPEF) could provide opportunities to ASEAN countries, he said, but they “have to be in line with ASEAN’s outlook [on the] Indo-Pacific.” 

“We stress, among others, ASEAN centrality, openness, transparency, inclusivity, making sure that all relevant actors in the region are included,” Lim said.

U.S. President Joe Biden announced in May the launch of the IPEF which comprises 13 nations but not China and which has been criticized by Beijing as a U.S. tool “to coerce regional countries.”

The U.S. continues to be the largest source of foreign direct investment in ASEAN and the second largest trading partner, with bilateral trade reaching U.S.$364 billion last year. 

China’s has remained ASEAN’s number one trading partner for 13 consecutive years, according to the Chinese government’s Information Office. Trade between China and ASEAN reached U.S. $544.9 billion in the first seven months of this year.

“We see both are important for ASEAN. We hope that both major powers discuss constructively in order to make the region more conducive to trade and investment and create opportunity for all of us,” the senior official said.

ASEAN’s neutrality

ASEAN’s leadership so far has been careful not to take sides in the U.S.-China rivalry in their backyard, said Kasit Piromya, former foreign minister of Thailand who has been active in ASEAN political circles.

“ASEAN should continue to maintain dialogue partnerships with both, reflecting that ASEAN is friendly and cooperative with all,” he said.

Officials from both ASEAN and the U.S. are working on the establishment of a so-called Comprehensive Strategic Partnership later this year. It is unclear how far-reaching the new form of partnership will become but the U.S. “needs to think more and do more” in terms of working with ASEAN, in Kasit Piromya’s opinion.

“I don’t think that the U.S.-ASEAN relations have matured because there is no common base or foundation as such, unlike the U.S. relations with Japan, South Korea and Taiwan which are based on democracy,” he said.

“There seems to be no sense of real purpose and enthusiasm on the part of the U.S. side to really forge a more intensive and robust relationship with ASEAN in spite of the Indo-Pacific strategy and IPEF,” the former top Thai diplomat said. 

Critics say that the ASEAN’s centrality was overlooked and bypassed when the U.S. put more efforts into other regional groupings such as the Quadrilateral Security Dialogue, or the Quad, that also includes Australia, India and Japan. 

ASEAN was also not alerted or informed in advance of the setting up of AUKUS, the trilateral security pact between Australia, the United Kingdom, and the United States.

These Indo-Pacific security groupings are widely seen as countering China’s rising influence and assertiveness in the region.

“The U.S. has not fully utilized the inherent belief and desires of many of the ASEAN member states for its continued presence in the region,” Kasit said, adding: “Washington cannot fail to realize that all the countries in the region are afraid of China.” 

South China Sea disputes

The U.S. has provided over U.S. $12.1 billion in development, economic, health, and security assistance to Southeast Asian allies and partners, including the members of ASEAN, since 2002, according to a U.S. State Department fact sheet. 

“The United States supports the international rules-based order in the South China Sea, and in close cooperation with our allies and partners, the United States promotes a free and open Indo-Pacific in which the freedoms of navigation and overflight are enjoyed and respected by all states in accordance with international law,” the fact sheet reads.

China and several ASEAN member states hold conflicting claims over parts of the South China Sea but Beijing’s claims are the most expansive, up to 90% of the sea.

There was only a brief reference to the South China Sea disputes in the ASEAN secretary-general’s speech at CSIS on Monday, when Lim Jock Hoi listed maritime security as one of the challenges that the region has been facing “for the longest time.”

“Efforts towards the conclusion of the Code of Conduct on South China Sea, one [that] is mutually acceptable to all parties concerned, [have] effectively and consistently been pursued,” said Lim without mentioning the United States.

Some analysts believe that policy differences between ASEAN members in dealing with South China Sea issues led to a divisive approach to the role the U.S. could play.

The U.S. Navy, and maritime forces from the ten ASEAN countries held the first ASEAN-U.S. Maritime Exercise in Thailand in 2019 but the drills have not occurred again.

China has been warning against what it sees as “interference by external actors” in South China Sea disputes.

“Sometimes, the U.S. has come across as a little too keen to help, prompting concern among some claimants that it might inadvertently trigger an escalation of tensions or an unwanted incident in the South China Sea that Southeast Asian countries will have to bear the brunt of,” said Elina Noor, Director of Political-Security Affairs at the Asia Society Policy Institute in Washington D.C.

Noor said that the U.S. side could try to “have more effective communication and coordination with Southeast Asian partners so that their presence and shows of force don’t trigger misunderstanding.”

“ASEAN does not have common foreign policy goals, so member states have their own say regarding maritime cooperation,” said Nguyen The Phuong, a Vietnamese defense analyst.

“Some want more cooperation [with the U.S.], some want less.”

“There are also opinions that those countries which wish to cooperate more with the U.S. in the field of maritime security could set up a smaller group, unofficial of course, within ASEAN to bolster their cooperation,” he said.

In May, President Biden announced a new Indo-Pacific Partnership for Maritime Domain Awareness (IPMDA) that would provide better access to space-based, maritime domain awareness to countries across the region.

“It’s new, but a rising cooperation area,” said the Vietnamese analyst.