The United Nations Security Council (UNSC) resolution on Myanmar passed on 21 December 2023 is ineffective as shown by the atrocities committed by the Myanmar junta since the resolution’s passing.

According to the civil society organisation, Progressive Voice, the resolution should also invoke Chapter VII of the UN Charter, which enables the UNSC to take more forceful action with respect to threats to peace and security in the region and around the world. It says that without invoking Chapter VII, the UNSC’s recommendations remain but polite requests to end what clearly amount to crimes against humanity and war crimes.

Instead, the resolution places the Association of Southeast Asian Nations (ASEAN) at the center of peace negotiations. Progressive Voice and other civil society actors have repeatedly pointed out that the ASEAN’s Five-Point Consensus is flawed and ineffective, and in need of serious revision. Rather than facilitate the protection of Myanmar people’s rights and freedoms, the Five-Point Consensus has instead allowed Myanmar’s neighbors and regional partners to aid and abet the junta in its commission of human rights violations and international crimes.

The military junta has also demonstrated a total disdain for the calls made within the December 2022 resolution. In fact, such weak action on the part of the international community has only served to embolden the military to intensify its abuse, further invigorating an unprecedented human rights and humanitarian crisis, said Progressive Voice.

In response to the current ineffectiveness of the UN resolution, Progressive Voice has come up with a list of recommendations that it would like to see the UNSC adopt.

Progressive Voice believes that the UNSC should:

Immediately adopt an additional UN Security Council resolution that invokes Chapter VII of the UN Charter and enacts the following measures:

Impose a comprehensive coordinated global arms embargo on Myanmar;

Impose targeted sanctions against the Myanmar military, its businesses, arms dealers and partners, including aviation fuel and oil and gas revenues that fuel Myanmar military junta’s atrocity crimes;

Refer the situation in Myanmar to the International Criminal Court (ICC) or establish an ad hoc tribunal.

In addition Progressive Voice says the international community should do the following:

Recognize the failings of the current ASEAN Five-Point Consensus in responding to the crisis in Myanmar; and develop a concrete, timebound plan of action that prioritizes the responsibilities and authority of the UN to move toward an end to the conflict and violence, and the lack of accountability.

Welcome the declaration lodged by the National Unity Government (NUG) under Article 12(3) of the Rome Statute to accept the ICC’s jurisdiction over international crimes committed in Myanmar territory since 1 July 2002.

Urge Myanmar’s neighboring countries to protect the rights of refugees from Myanmar by allowing them to take safe refuge and have access to UNHCR and INGOs as well as humanitarian organisations for their immediate and unimpeded assistance.

Ensure that the provision of humanitarian aid does not legitimise and enable the military junta to further weaponize humanitarian aid in its campaign of terror by providing direct support and funding through local frontline humanitarian organisations, in particular through border-based aid provision.

Denounce the illegal junta’s plan to hold “elections” and reject potential voting results as illegitimate.