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How Modern Chinese Political Thoughts Formed Indonesia Towards its Independence

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Indonesia and China relations have been building each other’s capacities either politically and economically for 70 years despite many challenges and tensions among them during that time. Today, China is one of Indonesia’s strategic partners in economic and infrastructure development. At the same time, China becomes a new economic powerhouse and prominent state actor in world politics.  Behind the rise of China economically and politically in international politics, many modern Chinese thinkers were laying fundamental philosophy which has strengthened morals, value and enlightens ways to build stronger and modern China. Those were, Dr. Sun Yat – sen, Mao Zedong, and Li Dazhao which became the modern foundation of China. They were born and raised in China when ruled by an outdated monarchy, Qing Dynasty, which urgently needs to reform their aspects of government. They realized there should be a new principle to guide China to be a modern nation. The founding fathers of Indonesia also influenced them and made China have a significant contribution indirectly towards Indonesia during the era of the national independence movement (1908 – 1942).

Indonesia and China bilateral relations formally established after the declaration of the founding of the People Republic of China (PRC) on October 1st, 1949, Indonesia recognized the sovereignty and formation of the PRC a few months later on April 13th, 1950. Indonesia became the first Southeast Asian country to established official diplomatic affairs with the PRC and recognized Communist Party of China (CPC) who hold sovereignty of China Mainland with the title “the People’s Republic of China” instead Kuomintang Party which loosed the Civil War (1927 – 1936 and 1946 – 1950) against Communist Party and exiled to Formosa Island (now Taiwan). Indonesia’s recognition of the People’s Republic of China’s sovereignty to ruling China is the beginning of the relations between the two nations. During that time, Soekarno, the first president and The Founding Father of Indonesia has strong relations with China and become the golden era of Indonesia and China political relations[1].

China Contributions Towards Indonesia in Politics: Pan Asianism, Three Principles of People, and Mao Zedong’s Leadership

Relations between Indonesia and China were going well due to Ir. Soekarno, the first President and the founding father of Indonesia, had a positive attitude towards China. During His youth, Soekarno was inspired by Pan – Asianism thought by Li Dazhao,[2] one of the founding members of The Communist Party of China despite Pan – Asianism pioneered by Dr. Sun Yat – Sen.[3] Li Dazhao version of Pan – Asianism was popular among Indonesian young intellectuals because the idea of Li Dazhao to build a “New Greater Asia” against The Japanese version which glorify Japan as the leader of Asia was only to fulfill Japan ambition to conquer all of Asia and creating new kind of Imperialism which most Asian nations already suffered previously by European Powers..After the death of Dr. Sun Yat – sen, Most Indonesians during that era in favor Mao Zedong who was Li Dazhao’s disciples and partner to founding Communist Party of China than Chiang Kai shek as successor of Dr. Sun Yat – sen to spread spirit of Pan – Asianism, This can be proofed on Soekarno’s essay written on Suluh Indonesia Muda in 1928[4] .

Not only Pan – Asianism by Li Dazhao thought, Sun Yat – sen thoughts had influenced many independence movement organizations in Indonesia during Dutch Colonialism regime in Indonesia. Young Soekarno during his college years in Bandung, influenced by both of them after spending time discussing social and political issues during that era with his Chinese descendant colleagues. Soekarno admitted that Pancasila has been inspired by The Three Principles of People thought by Dr, Sun Yat – sen.[5] For example, the first principle, Minzu or People, is commonly preferred as nationalism. Nationalism interpretation according to Sun Yat – sen meant independence from imperialism and colonialism by creating Chinese Nationalism formed by united major races in China such as Han, Manchu, Mongol, Tibetans, and Moslems (Hui and Uyghur)[6]. The idea of Minzu influences the third principle of Pancasila, Persatuan Indonesia or United Indonesia to unify all ethnic and races in Indonesia to form Indonesia Nationalism.

 Then, the second principle Mínquán or democracy, Dr. Sun Yat – sen interpreted that democracy is desirable for China because it the highest form of political evolution and attempted to reinforce people aspirations and assist it into the achievement of complete justice. This is similar to the fourth principle of Pancasila which emphasizes the government of, from, by the people. And the last, the third principle, Minshēng or People Livelihood interpreted as collaboration and partnership between people and the government to achieve maximum social justice with restraining capitalist power through taxation, regulation of capital, and land equalization to avoid the emergence of modern labour exploitation. This has similar meaning with the fifth principle of Pancasila, Fair social justice for all Indonesians. With these similarities of definition and ideas between The Three Principles and three of five principles of Pancasila, it’s clear that Pancasila was influenced by The Three Principles of People by Dr. Sun Yat – Sen which has become the modern foundation of China until now.    

After the end of the Chinese Civil War, China built its relations with Indonesia officially in 1953. During that time, Soekarno was impressed by Mao Zedong’s leadership based on His political ideas thought, New Democracy. Mao Zedong’s leadership brought China into an industrialized nation and the fastest economic growth during that time has inspired Ir. Soekarno adopted it during his presidency. After His state visit to China in 1956, Soekarno adopted China’s political systems during Mao’s leadership as a role model to build and change the foundation of political systems in Indonesia after parliamentary democracy failed to create a new constitution. Soekarno formed a centralized government in which he as a leader has a central role to maintain governance of Indonesia. Soekarno viewed Mao Zedong’s thoughts, New Democracy as the successor of The Three Principles of People by Dr. Sun Yat – sen because of New Democracy giving progressive views towards peasants and poor people as were the majority of the population in Indonesia during that time.

For example why New Democracy is successor of The Three Principles of People, Mao perspective on democracy (Mínquán) is a form of government systems should be ruled and organized by peasants or proletariat through people congresses from national level down to the provincial, county, district and township which their member consist of proper representative for each revolutionary class according to its status in the state, a proper expression of the people’s will, a proper direction for revolutionary struggles and a proper manifestation of the spirit of New Democracy elected their own government bodies, then a system of really universal and equal suffrage, irrespective of sex, creed, property or education, must be introduced[7]. Such is the system of A democratic centralism or Social Democratic to achieve complete social justice, Soekarno affirmed this through his speech at Indonesia National Party Conference on July 3th, 1957. Soekarno believed that Indonesia should adopt this Social Democratic system which different than in the western hemisphere to achieve complete social justice[8]. This Soekarno way to elaborate his leadership style with Mao Zedong thought, New Democracy to validify made Soekarno have emotional tied with Mao Zedong and relations between Indonesia and China getting along together well in politically.

Conclusion

Contemporary China today has been formed by their intellectuals and political leaders to form new political and philosophical foundations to replace feudalistic and outdated systems by the previous Qing Dynasty which failed to protect China from imperialist powers and develop China economy during that time despite the strategic location of China and the abundance of natural resources. The early revolution called Xinhai Revolution (1911 – 1912) was initiated by Dr. Sun Yat – sen based on The Three Principles of The People to create democratic and unified the five races in China. Before the creation of The Three Principles of The People, Dr. Sun Yat-sen pioneered Pan-Asianism to invite all Asian people to rise against western imperialist powers after the victory of Japanese Navy against the Imperial Russian Navy in The Battle of Tsushima (1905). However, Japan corrupted the meaning of Pan – Asianism to rationalized Japanese military aggression and political absortion to justify Japan as a leader of Asia. Li Dazhao offered Pan – Asianism which means all Asian Nations should rise against any imperialist power including Japan and unite to achieve equal union of all Asian Nations.

Pan Asianism influenced all of many independence movements in many regions in Asia which had been colonized for a long time by western or European powers, including Indonesia which controlled Dutch Colonial Government during that time to rise up against colonial or imperialist powers. Then, The Three Principles of The People has influenced Soekarno as the founding father of Indonesia to create a philosophical foundation for Indonesia. The similarity of the diversity of people and historical condition between China and Indonesia is the reason why Soekarno was inspired by The Three Principles of The People to create Pancasila as the philosophical foundation of Indonesia until today.

After the independence, Soekarno as the first President of Indonesia impressed by the rapid development of China during the Mao era thanks to his leadership style. Mao Zedong leadership based on his political idea, On New Democracy to form a centralized government to manage all aspects in politics and economy to achieve maximum and equal social justice among the people. Mao’s leadership based on On New Democracy adopted by Soekarno to boost Indonesia’s development after the independence. The conclusion of this paper is China had been contributed Indonesia politically during Pre-Independence Era or The National Revival / Independence Movement Era (1908 – 1942) through Pan – Asianism by Dr. Sun Yat-sen, then revised by Li Dazhao to reinforce the sense of nationalism among Indonesian Intellectuals, and The Three Principle of The People by Dr. Sun Yat-sen to create Philosophical foundation of modern Indonesia. Then, Mao Zedong’s leadership based on On New Democracy to boost Indonesia development after the independence which adopted by Soekarno.           


[1] Liu, H. “China and the Shaping of Indonesia, 1949-1965” (2011) p. 233 – 236

[2] Rudi,H. .(2011, May 29th). “Bung Karno dan Pan Asianisme.” Berdikari Online. Web. Accessed from http://www.berdikarionline.com/bung-karno-dan-pan-asianisme/

[3] Dahm, B, “Soekarno and The Struggle for Indonesian Independence” (1970), p 115 -116 

[4] Sukarno, “Indonesianism and Pan Asianism”, p. 67. 16

[5] Sukarno, “The Birth of Pantja Sila” (1945), in Pantja Sila: The Basis of the State of the Republic of Indonesia (Jakarta: Department of Information, P. 196

[6] Bedeski, Robert E. “The Concept of the State: Sun Yat-sen and Mao Tse-tung.” The China Quarterly, no. 70 (1977): 338-54. Accessed January 31, 2020. www.jstor.org/stable/652620.

[7] Mao Tse-tung, ”On New Democracy.” SW, Voll. II, P. 347. https://www.marxists.org/reference/archive/mao/selected-works/volume-2/mswv2_26.htm 

[8] Utomo, Satriono Priyo. “Indonesia, Tiongkok dan Komunisme, 1949-1965.” Indonesian Perspective 2.1 (2017): P. 66

Adyuta Banurasmi is a senior year undergraduate student of international relations major at Universitas Pembangunan Nasional "Veteran" Yogyakarta. He has interests on Politics of Development, Political Thoughts, Public Policy, and History.

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Biden administration’s policy towards Vietnam, and the South China Sea

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Image credit: Todd Jacobucci/ flickr

The one big question loomed large about Biden administration and it was whether there be a change in Biden administration with regard to its policy towards South China Sea in comparison to Trump? The question became irrelevant when the new US administration buttressed the statement made by Mike Pompeo in July 2020.

In July 2020, Mike Pompeo the then Secretary of State has clearly outlined the US position on Chinese maritime claims related to South China Sea. It clearly stated that US intends to preserve peace and stability as well as reinforce ‘freedom of the seas’ in accordance with the international law and assist in unimpeded flow of commerce, and protect the interests of the ASEAN claimant countries. It also stated that the ‘PRCs predatory world view has no place in the 21st century’.

With the coming of Joe Biden as the new president of the US, the US state department during the press briefing conducted on February 19th clearly stated that the US has serious concerns with regard to the China’s Coast Guard law which allows the use of force by the Chinese Coast Guard against other countries. This language was seen as intimidatory and also enforces China’s claims in the territorial and maritime disputes of East China Sea and South China Sea by force.

During the press briefing it was clearly stated that the language which is enshrined in the new Coast Guard law allows Chinese Coast Guard to destroy the economic structures of other countries. Its projected apprehensions that this would legalize use of force from Chinese perspective in order to enforce its claims in disputed areas. In this press briefing the US buttressed the fact that it stands by its statement which was made on July 13, 2020 by the then Secretary of State Mike Pompeo which was related to the maritime claims of China in South China Sea. It also stated that it is adherent to the alliance commitments that it has made towards the Philippines and Japan.

The US policy towards South China Sea particularly in the context of the US economic and strategic interests in the region can be seen from the fact that the US deployed its one of the advanced submarines USS Ohio (guided missile nuclear submarine) in the contested waters. This clearly means that there is no digression from the Trump policy towards China, and Joe Biden is keen to pressurise China to desist from threatening its neighbours with regard to its claim in the region. The State Department spokesperson Edward Price has stated “We remind the PRC and all those forces operate in the South China Sea that responsible maritime act with professionalism and restraint in the exercise of their authorities.”

In fact, developments in South China Sea have also been discussed during the recent Quad meeting held on February 18th between the foreign ministers of the four countries- the US, Japan, Australia and India, and also reflected during the meeting of the new Secretary of State Antony Blinken with his Japanese counterpart Toshimitsu Motegi. Antony Blinken has bolstered the fact that the Senkaku islands located in the sovereign territory of Japan falls under the security treaty obligations of the US.

Following the telephonic meeting of the Quad, it has been seen that countries such as Australia, Japan and the US would continue their patrolling in South China Sea. In the January 2020,the US aircraft carrier group had also sailed through the South China Sea for promoting freedom of the seas. Australia has also taken strong stance following its fall out with China, and Australian defence minister during its interactions with his US counterpartLloyd J. Austin in late January 2020 stated that the US and Australia would continue to work with alliance partners to maintain security, and enforce inclusive and rules-based order in South China Sea. Earlier also the Pentagon had issued a statement that maintaining ‘a free and open Indo-Pacific based on contemporary international law and norms should be free from malign behaviour’. Even Australia has stated the fact that Chinese activities in South China Sea in a ‘disturbing manner’ has complicated Australia security environment.

It has been seen that Joe Biden is also towing the line of its predecessor Donald Trump, and has been deploying ships and submarines to the contested region. As per the news reports the USS Ohio deployment in South China Sea shows that the US is willing to take more aggressive stance to protect its allies and also maintain security of Taiwan. In that context the Washington has dispatched guided missile destroyer USS McCain to Taiwan straits and the same destroyer had sailed through Paracel islands to challenge illegal maritime claims of China. The more deployment of submarines clearly shows that the US wants to undercut the deterrence capabilities that China usually displays by deploying its submarines in South China Sea. While China proclaims that it has effective carrier killer missile and anti-ship capabilities but it has not has upgraded its anti-submarine warfare in that context. The US Ohio can carry nearly 154 tomahawk cruise missiles and these cruise missiles can deliver effective impact given the fact that each missile can carry nearly 453 kilos of highly explosive warhead. 

The stealth capabilities of a large nuclear submarine with that kind of a punch are an enigma for a country like China. In terms of technological superiority, particularly in underwater operations, and lethality the US is far ahead of Chinese capabilities. Chinese anti-submarine capabilities are developed to operate closer to the shores rather than in the open seas. Given the fact that Ohio has a stealth advantage therefore it will be difficult for China to detect it even closer to its shores. It is believed that the US will be deploying more of its aircraft carriers and submarines so as to deter China and monitor its assertive activities. It has been seen that China has become too much intimidating to the Taiwan and also is closely guarding the approach route to Taiwan through the South China Sea.

During the opening weeks of the Biden administration, it has clearly indicated that many of the Trump administration policies towards China will continue unimpeded. The US Navy would conduct regular ‘freedom of navigation operations’ and in early February the US Navy had remarked that two aircraft carriers have been operating together in the South China Sea disputed waters. The destroyer John S McCain passed through the Taiwan Strait in the first week of February and conducted freedom of navigation operations in the disputed Paracel islands. The new Secretary of State had made a call to his counterparts in Vietnam and the Philippines, and assured that the US was not retreating from its stance on South China Sea and completely dispelling the excessive Chinese claims of maritime rights. He has assured that the US was committed to enforcing a rules-based order in the contested waters. The statement which was released subsequently stated that Secretary of State Antony Blinken promised that the US stands with Southeast Asian claimants in the face of PRC pressure. The US approach is reassuring and critical during these trying times in South China Sea.

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Myanmar: Exploiting lessons learnt in the Middle East

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Demonstrating for the third week their determination to force the country’s military to return to its barracks, protesters in Myanmar appear to be learning lessons from a decade of protest in the Middle East and North Africa.

By the same token, Myanmar’s protesters, in stark contrast to public silence about the military’s brutal repression of the Rohingya minority in recent years, seem to want to forge a national identity that supersedes past emphasis on ethnicity and/or religion.

In doing so, they, like their counterparts in Lebanon and Iraq, reject sectarian policies that allowed elites to divide and rule and distract attention from economic and social grievances held by all segments of the population.

As they resist the military’s February 1 coup that nullified a democratic election won in November in a landslide by Aung San Suu Kyi’s National League for Democracy (NLD) because of alleged electoral fraud, protesters confront many of the same obstacles that demonstrators in  Thailand, Turkey, Sudan, and Algeria face.

The ability to address desperately needed reforms with a buy-in from the military will shape a return to democracy and the sustainability of the transition. Taking military concerns into account reforms will have to include civilian control of the military, defining the military’s mission in national defence rather than ideological terms, and regulating the armed forces’ vast economic interests.

The Middle East and North Africa provide cautionary tales like Egypt that eight years after a coup has become a brutal dictatorship and Libya, Syria and Yemen that are wracked by war, as well as potential models, that would serve Myanmar’s democratization well.

Tunisia, the one Arab country to have pushed political transition relatively successful, was able to do so because Zine El Abidine Ben Ali, the Tunisian autocrat who was overthrown in 2011, had ensured that the military had no vested interest in the country’s political system.

Mr. Ben Ali decimated the military leadership, severely cut the budget of the armed forces early on in his 24-year rule and sidelined the military, relying instead on security forces and law enforcement. As a result, the military effectively stood aside when protesters staged mass anti-government demonstrations.

The positioning of Tunisia’s armed forces may not offer Myanmar immediate options, but it highlights the need for a military that understands itself as a national institution rather than a party with vested political and economic interests.

Of more immediate importance to Myanmar is the fact that Mr. Ben Ali as well as the leaders of Egypt, Libya and Yemen were toppled by an informal alliance between civil society and either factions of the military or the armed forces as a whole. They shared a short-term interest in removing the incumbent from power.

The same is true for Southeast Asia’s people power revolts in the Philippines and Indonesia in the 1980s and 1990s. In Myanmar, it was the military that opted for a degree of political liberalization following decades of intermittent mass protest.

It took Tunisian civil society’s engagement with the security forces as well as other segments of society and the existing power structure to nurture the democratization process. By contrast, the process was derailed in much of the Middle East by a post-revolt breakdown of the alliance, often aggravated and/or manipulated by external forces.

The Tunisian approach enabled all parties to manage the inevitable divergence of interests once Mr. Ben Ali had been toppled, juxtaposing civil society’s quest for wholesale political and economic reform with the security forces’ insistence on the preservation of their economic and political interests and rescue of as much of the ancien regime as possible.

In Tunisia, like in other post-revolt countries, the divergence kicked in the moment the incumbent was removed. The Middle East and Southeast Asia’s experience demonstrates that the pitfalls are embedded in the compromises made to establish a transitionary government.

Inevitably, the military and/or security forces either constitute the transition government or are a powerful part of it. Their track record is one of taking liberties in protecting their interests.

Like in Myanmar this month, the military crosses red lines when the transition endangers those prerogatives. Learning how to counter the pitfalls of perilous but inevitable cooperation with at least segments of the military and/or security forces is a work in progress.

Turkey provides a different set of lessons. President Recep Tayyip Erdogan’s turn towards repression and authoritarianism in the wake of a failed military coup in 2016 suggests that civilian control does not offer a magic wand even if the takeover was foiled by protesters who set aside their social, ideological, and political differences.

If this is a cautionary tale, Turkey also offers solutions to at least one of the issues: the military’s economic interests. Turkey’s military, even before the imposition of civilian control, put its economic house in order by creating a conglomerate, one of the country’s largest, that is owned by the military pension fund and subject to regulation, civic and commercial law, and markets like any other privately held institution.

As civil obedience in Myanmar persists, protesters have certain advantages.

Rather than being on their own, the protesters benefit from being at the forefront of a wave of defiance and dissent that for the past decade and no doubt the next is fueled by a breakdown in confidence in political systems and leadership.

With the pandemic, the widespread mismanagement of public health responses, the global economic downturn and dislocation, and technological change, the coming decade promises to be perhaps even more turbulent.

In addition, Myanmar protesters’ may be beneficiaries of the electoral defeat of US President Donald Trump and the rise of Joe Biden, who has pledged to make human rights a central plank of his foreign policy.

Granted, US adherence in its foreign policy to its human rights values has at the best of times been checkered.

Nonetheless, Mr. Biden’s approach, even if imperfectly applied, erases the permissive environment that autocrats enjoyed during the Trump years.

There is, moreover, a reason to believe that Mr. Biden will be truer to his pledge because it is key to US efforts to repair the credibility and reputational damage suffered by the United States because of Mr. Trump’s America First policy; disdain for multilateralism, international institutions, and international law; empathy with autocrats; and disregard for human rights.

Playing into Mr. Biden’s emphasis on human rights is the fact that the protests, like in Lebanon and Iraq, appear to have broken down ethnic and religious fault lines.

Yangon’s usually hidden Rohingya community has openly joined the protests four years after detained democratically elected Myanmar leader Aung San Suu Kyi stood by and later defended the military’s ethnic cleansing of the Rohingya, more than 700,00 of which fled to Bangladesh.

Burmese who in recent years used Twitter to attack and threaten Rohingya activists living in exile have apologized since the February coup, recognizing that military rule poses a threat to all.

Political transition, like reconciliation, is a long-drawn-out process that can take up to half a century to play out. It is a process of two steps forward and steps backwards as Myanmar is discovering now. 

The Myanmar military understands that tacit Russian and Chinese support may not be as much of a lifesaver as it was in the past. That may explain the military’s reluctance to crush the protests even if the likelihood of an imminent crackdown is high.

If the experience of Egypt is anything to go by, the military can brutally suppress and keep a lid on unrest for a period of time. It may preserve the military’s interests for a while, but it cannot provide sustainable economic solutions or ensure stability.

In contrast to Egypt, protesters in Myanmar have the advantage that they are demanding recognition of a current election outcome that could put a new government in a position to redefine the role of the military and regulate its economic interests.

Based on the experience of Egypt, one core bone that the government would likely have to throw the military is immunity against prosecution for past crimes. That may be a bitter pill to swallow and violate principles of truth and accountability as an important pillar of transition.

As Egypt demonstrates, it offers no guarantee of keeping the military in its barracks. But it may be the carrot that helps entice the military to make the concessions needed for a democratic transition.

For now, Myanmar cries out for non-partisan independents capable of helping the military and the protesters to back away from a zero-sum game that seems destined to result in bloodshed.

That is likely to prove a gargantuan task as Indonesian Foreign Minister Retno Marsudi spearheads efforts by the Association of Southeast Asian Nations (ASEAN) to mediate a way back from the brink.

In the words of former International Crisis Group Myanmar analyst Morten B. Pedersen “when a military obsessed with order and stability…confronts an essentially leaderless popular movement driven by youthful anger and shattered hopes, compromise is perhaps the hardest thing of all.”

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How International Law Sight Towards the Coup D’etat Process in Myanmar

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The Union of Myanmar is a sovereign state, where the Capital City is located in Yangon before moved to the Naypyidaw on November 7th, 2005 by the action of Junta’s Military Governance. As known, in the historical background, Myanmar is a country that has been through the grip of a military dictatorship for over six-decade.

Previously, in the brief story of Myanmar, in the 19th century, (in the Konbaung Dynasty),Burma took control of an area that includes a modern territory of Myanmar, also briefly controlled Manipur and Assam. In that era, Britain dominated Myanmar after three of the Anglo-Burma War and thus this country was colonialized by the British. Myanmar got independence in 1948 to be a democratic state but was being coup d’etat by the military in 1962, which General Ne Win wrested the governmental mandate from Prime Minister U Nu, who was in power since 1948. At that phase, this country got passeda tough regime, which gave an unsavory impact, particularly in economic aspect and various inhuman acts, such as against ethnic, where United Nations and many International Organization always reported a significant case about human rights there. In 2011, Junta’s Military was dissolved after the elections in 2010, but this country is still can not refuse all the criticism in the previous measures of the old government to the towards minority ethnic.

In the general elections 2015, Aung San Suu Kyi Party is the winner of the majority parliament, where this is can be the historical point to Myanmar to get a democratization opportunity. Based on the general election result in November 2020, Aung San Suu Kyi’s National League for Democracy Party (NLD) won 396 of the 476 parliamentary seats, while the military-backed opposition, Union Solidarity and Development Party (USDP), only got 33 seats. However, Myanmar’s Military is still the major force in politic, since The 2008 Constitution (which the controversial rules) is granted the military rights to control the government and that is constitution also reward the Tatmadaw Military to get 25% parliamentary seats in the important aspect in the national security sector, which includes the ministries of interior, border, and security affairs. Specifically, even the NLD dominated parliamentary seats, the military stronghold still controls the government. Hence, the military insists refused the result of the election, and the Press Secretary of the USDP, Doctor Nandar Hla Myint believes there is a fraud of the mass elections, and if this case is not handled in advance, this could make damage or political chaos. The General of Military, Min Aung Hlaing also stipulated, the evaluation of elections is indeed a non-fair and dishonest practice. Thus, before the trial was open by the parliament, the coup d’etat happened by the military. The NLD party led by Aung San Suu Kyi began to gain a political arena until finally today Myanmar falls into the hands of the generals again.

This is the second time the military success to dethrone through democratic governance, previously the coup d’etat itself happened many time, such in 1988 when General Ne Win pension from the military and replaced by Sein Lwin who is well known as a person that brutally to the Pro-Democratic, thus he has been beaten back by the mass action, and Doctor Maung Maung replaced him at that time. But not long after that, there is a coup d’etat internal by the military which takes over by General Jaw Maung who has also established a new party, named State Law and Order Restoration Committee (SLORC).

Various international sanctions have been imposed on Myanmar. In 1996, the European Union decided to ban arms sales to Myanmar. The United States has also imposed sanctions since 1988, prohibiting new investment by its citizens in Myanmar in 1997, then closing the gap for imports of products from Myanmar in 2003.

Regarding the actions by Myanmar’s Military, several International Community has constituted Myanmar as a breach of international values and some country has banned a few aspects to Myanmar as mention above, however, how the International Law views it?

International Law Perspective

Based on the UN Charter views, under Article 1 (1) affirmed, should take effective measures to prevent and thrown a threat of peace where have a correlate with Resolutions of the UN Security Council which called upon States not to recognize a certain authority or even decided that the Member States should refrain from recognizing a certain authority would hardly have been necessary if recognition had no legal meaning. It concludes, the prohibition to recognize new governance from the coup d’etat result, because in case of the legal commitment to the democratic government of a State, the other States only may continue to recognize the exiled democratically elected government a revival as a measure for the protection and consolidation of democratic government. Other than that, as examine in Article 1 of the Montevideo Convention on the Rights and Duties of States is has to fulfill 4 qualifications, a permanent population; a defined territory; government; the capacity to enter into relations with the other states. In this convention sight, especially in Government point, it complies with the sovereign government that holds the highest power and is formed to carry out the running of the government of a country. As known, Myanmar is currently being a democratic state as the result in the general elections 2020 where Aung San Suu Kyi has won the vote, thus the state should honor and deem in this democratic regime. However, the military is trying to take over the governance back, this form of breaches the democratic rules, wherein this system did not recognize dualism of leadership, as did by Myanmar’s military. Even Myanmar did not sign and ratified this convention, it still ought to be legally binding, since this is recognized by civilized nations as one of the basic international agreements in international law.

Accordance to the coup of Myanmar’s military is not in line with ASEAN’s Charter which contains many democracy references, wherein in the preamble conduct, “Adhering to the principles of democracy, the rule of law and good governance.” Especially Article 1 lists “strengthening democracy, enhancing good governance and the rule of law as among ASEAN’s main purposes.” And also in Article 2 on the organization’s “principles” includes “adherence to the rule of law, good governance, the principles of democracy and constitutional government.” Therefore, Myanmar as a member of this charter since 1997, ought to uphold the purpose of this agreement.

Subsequently, the Coup D’etat action by Myanmar’s military is a tantamount form of treason towards a democratic system, which the legitimate government is defeated by the military without a concrete reason, lack of evidence, and unclear accusations, that is just a prejudice of fraud in the elections by Myanmar’s military to the Aung San Suu Kyi party, and most United Nations officials and diplomats voiced alarm at the February 1, 2021 coup and the brutal response to some of the massive protests unsteady Myanmar because fails to comply with the basic rule of law principles.

Myanmar’s Military action is also indeed not in compliance with customary international law that honor by many countries, where refuse to recognize any government set up under these circumstances or any Government elected as a result of these illegal actions. For instance, in some state practices, firstly, there is a Canada action that declares all the Organizations of the American State (OAS) won’t recognize any governance that is made by the coup d’etat, which is Norway to the Haiti Government. Secondly, British action that did not recognize the governance in Cambodia since the genocidal Pol Pot Government of Cambodia and the Rawlings Government in Ghana by the public and the media, which considered formal recognition as tantamount to moral approval. Thirdly, the Belgian Government refused to recognize Mao Tse-tung instead of Tshiang Kai-shek as the Government of the Chinese State, and so on. Since based on both principle and State practice of recognition of the government in International Law.

Protest also provoke by the International Community, Britain, and the European Union that refuse those action by did not recognize the new governance, because the way the military did is indeed unprocedural, as affirmed in Tobar and Wilson doctrines of formally denying recognition to governments coming to power by unconstitutional means and combining them with the element of continued recognition of the democratically elected governments forced into exile by coup d’état or revolution. Strengthen in Stimson Doctrine, examine about the condemn all recognition of new situations by third States is an important mechanism in international relations, and this doctrine was the start of a process of customary international law formation for a rule prohibiting recognition of situations resulting from unlawful acts that in line with the international legal order, as a coup of Myanmar’s Military did to the Aung San Suu Kyi governance.

ASEAN (Association of Southeast Asian Nations) role as an international organization has presented in the ASEAN election of Myanmar’s general election in 2020 as a form of election observation that is chasing to get an additional handling a political crisis without a coercive way by ASEAN, which should be more legitimacy to the election process, and this might dilute the Tatmadaw prejudice to justify the coup. Moreover, ASEAN responded to this current issues that represent by Brunei as an ASEAN’s rotating chairmanship stipulated, “dialogue, reconciliation and the return to normalcy” in Myanmar, that statement is indeed a democratic principle in the ASEAN Charter since it implied with a non-coercive form of intervention to the internal affairs that honor by each party. Consider sanctions of a breach of this charter is nonexistent, thus it’s only come with the increased statements of concern regarding Myanmar’s internal affairs from each member in the recent years to condemn the coercive instrument. Even if, there is no significant settlement to Myanmar’s coup, this organization still tried to stands to learn important lessons from its actions for developing regional crisis management and prevention mechanisms to fulfill ASEAN’s aspirations of strengthening democracy.

For the foregoing reason, Myanmar’s Military action is indeed opposed by many sources in International Law, contemplate the democracy is the government of the people and for the people (Hans Kelsen), hence in the democratic system is really honor the freedom of speech and the recognition of fair government, and due to Myanmar’s Military measures to NDL Party that led by Aung San Suu Kyi it ought void because no relevant all on times.

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