Oct 14 (Reuters) - Southeast Asian foreign ministers will discuss excluding Myanmar junta chief Min Aung Hlaing from an upcoming summit at a meeting on Friday, sources told Reuters, as pressure builds on the ruling military to comply with an agreed peace roadmap.
The meeting comes as the junta ruled out allowing a regional envoy, Brunei's second foreign affairs minister, Erywan Yusof, to meet deposed leader Aung San Suu Kyi, who is on trial on multiple charges since her elected government was overthrown in a Feb. 1 coup.
The Association of Southeast Asian Nations (ASEAN) agreed on a five-point consensus with Min Aung Hlaing in April, but several members of the bloc have criticised the junta's failure to implement the plan, which includes dialogue among all parties, humanitarian access and an end to hostilities.
Friday's previously unscheduled virtual meeting will be hosted by ASEAN chair Brunei, according to multiple sources based in ASEAN member countries, including diplomats and government officials.
Malaysia, Singapore and Indonesia had indicated that they were in favour of excluding Min Aung Hlaing from the Oct. 26-28 virtual summit, but were pushing for a consensus among nine ASEAN states, three of the sources said. Myanmar is the 10th ASEAN member.
A spokesman for Thailand's foreign ministry confirmed a meeting would be held on Friday.
Philippine Foreign Minister Teodoro Locsin on Thursday voiced support for excluding Min Aung Hlaing from future summits, adding that ASEAN could no longer afford to take a neutral stance on Myanmar.
"We can continue keeping them (Myanmar) at a distance but... if we relent in any way, our credibility as a real regional organisation disappears," Locsin said in an interview with Australian think-tank Lowy Institute.
"What's that? We're a bunch of guys who always agree with each other on the worthless things, things that don't count in the world."
The U.S. State Department said Secretary of State Antony Blinken discussed Myanmar, also known as Burma, with Erywan on Wednesday.
It said the two "expressed concern over the violence and deteriorating crisis in Burma and emphasized the urgency for the Burmese military regime to cease the violence, release all those unjustly detained, and restore multi-party democracy and Burma’s democratic transition."
It said they also reaffirmed the need to hold the Myanmar government accountable to the five-point consensus and facilitate a meaningful visit by Erywan "to include engagements with all stakeholders."
A long-planned visit by Erywan to Myanmar has been delayed in recent weeks.
In a statement late Thursday, the junta's foreign ministry said the envoy had proposed a visit this week but requested to meet "some specific individuals", a request the military rejected.
Zaw Min Tin, the junta spokesman, previously said the envoy would not be allowed to meet deposed civilian government leader Aung San Suu Kyi because she is charged with crimes.
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Myanmar was willing to allow the envoy to meet people "from legally existing political parties" and "the special envoy should prioritize in this the very first trip to meet with these relevant parties and build trust and confidence between the special envoy and the country concerned," the foreign ministry said.
Erywan last week confirmed that some ASEAN members had been "deep in discussions" about not inviting Min Aung Hlaing. Earlier this week, he said he was in consultations with parties in Myanmar, did not take sides or political positions and looked forward to a visit.
Brunei's foreign ministry did not immediately respond to an emailed request for comment.
Myanmar, with a long history of military dictatorship and international sanctions over systematic human rights abuses, has been ASEAN's trickiest issue since the group was formed in 1967, testing the limits of its unity and policy of non-interference in each others' affairs.
More than 1,100 people have been killed since Myanmar's coup, according to the United Nations, many during a crackdown by security forces on pro-democracy strikes and protests, during which thousands have been arrested.
Southeast Asian foreign ministers will discuss excluding Myanmar junta chief Min Aung Hlaing from an upcoming summit at a meeting on Friday, sources told Reuters, as pressure builds on the ruling military to comply with an agreed peace roadmap.
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KUALA LUMPUR, Oct 15 (Reuters) - Malaysia does not want Myanmar's junta chief to attend an upcoming Southeast Asian leaders' summit if he fails to honour his commitment to a peace plan, its foreign minister said on Friday, ahead of a meeting to decide on a regional response.
The minister, Saifuddin Abdullah, said he was informed Erywan Yusof, a special envoy for the Association of Southeast Asian Nations (ASEAN), planned to visit Myanmar next week, and the bloc's foreign ministers would hold a virtual meeting on Friday to assess the junta's commitment to the peace process.
Myanmar's military seized power in a Feb. 1 coup led by Senior General Min Aung Hlaing, which ended a decade of tentative democracy and triggered a backlash that has plunged the country into chaos.
"This evening we will be looking at the details of the proposed visit," he told a news conference.
"If there is no real progress then Malaysia's stand would remain that we do not want the general to be attending the summit. No compromise on that."
Myanmar has been one of ASEAN's most divisive issues since it joined the bloc in 1997 as a military dictatorship lambasted by the West for its iron-fisted rule, testing ASEAN's unity and denting its international credibility.
The exclusion of Min Aung Hlaing, though not formally recognised as an ASEAN leader, would be a big step for the bloc, which has a policy of non-interference in each other's affairs and has long favoured engagement over punitive measures.
Min Aung Hlaing in April agreed to a five-point ASEAN plan that the group called a "consensus" on a way out of the deadly turmoil in Myanmar since the military overthrew Aung San Suu Kyi, alleging fraud in an election her party won in a landslide.
The commitment includes dialogue with all parties, humanitarian access and a cessation of all hostilities.
LOSING PATIENCE
Several ASEAN members have expressed exasperation with the junta's failure to follow the plan, which the United Nations, China and United States initially supported.
Malaysia, Singapore and Indonesia have indicated they were in favour of excluding Min Aung Hlaing from the Oct. 26-28 virtual summit, but were pushing for an ASEAN consensus, three sources with knowledge of the issue told Reuters this week.
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Saifuddin on Friday said without a consensus, there was no protocol for excluding an ASEAN member. However, he believed there would be a solution.
"We do not have a system where you downgrade a particular member's representation to the summit. So there are probably other ways of doing this," he said.
Zaw Min Tun, the Myanmar junta spokesman, this week said ASEAN envoy Erywan would not be allowed to meet Suu Kyi because she is charged with crimes.
Myanmar's foreign ministry late on Thursday issued a lengthy statement saying it was committed to the ASEAN plan and receiving the envoy.
It suggested that Erywan should prioritise ways to "build trust and confidence" on his first trip.
Thailand's foreign ministry took a conciliatory tone, saying it viewed Myanmar as a member of the ASEAN family and saw Erywan's visit as "an important first step in the process of confidence-building with a goal of encouraging dialogue".
"We also believe in the collective wisdom of all ASEAN member states, including Myanmar, to overcome all challenges together," it said.
The Association of Southeast Asian Nations agreed on Friday to sideline Myanmar's military ruler from a leaders' summit this month, sources said, a rare tough stand by a bloc known for its policy of engagement and non-interference.
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UN chief Antonio Guterres asked to postpone a virtual meeting with Southeast Asian ministers at the last minute to avoid signalling any recognition of Myanmar’s military government by being in the same online room as the military’s envoy, United Nations diplomats have said.
The meeting between the UN secretary-general and foreign ministers from the 10-member Association of Southeast Asian Nations (ASEAN) – including Wunna Maung Lwin, the foreign minister appointed by the military – had been due to take place last Friday.
But the day before, Guterres asked ASEAN to postpone the meeting “until a time when it can be held in a mutually agreeable format, in view of the ongoing urgent international and regional issues”, according to an October 8 note from ASEAN chair Brunei – seen by the Reuters news agency – notifying members of the delay.
UN diplomats, speaking on condition of anonymity, said Guterres did not want to get ahead of a decision by UN member states on
who will sit in Myanmar’s seat at the world body after rival claims were made by the military and Kyaw Moe Tun, the current UN ambassador who was appointed by the elected government.
The generals seized power on February 1, detaining Aung San Suu Kyi and other elected government leaders on the day the new parliament was due to convene. United Nations credentials give weight to a government.
News of Guterres’s reluctance to be seen at the same meeting as a military envoy comes as ASEAN foreign ministers are due to hold a special meeting on Friday to discuss excluding coup leader and military chief Min Aung Hlaing from an upcoming summit, amid mounting frustration over the ruling military’s failure to comply with a road map for peace that was drawn up six months ago.
ASEAN agreed on a
five-point consensus with Min Aung Hlaing in April, but the generals have made no progress in its implementation and have also
ruled out allowing a regional envoy, Brunei’s second foreign affairs minister, Erywan Yusof, to meet Aung San Suu Kyi.
It also continues to crack down on those opposed to its rule, with at least 1,171 people killed since the power grab and more than 7,000 people arrested, according to local monitoring group the Assistance Association for Political Prisoners. The army has also been accused of attacks in ethnic minority areas in the country’s border regions that have forced thousands to flee, as well as
targetting churches and Christian clergy.
The meeting is due to start online at 11:00 GMT and the military’s foreign minister is expected to attend.
Some of ASEAN’s 10 members, including the Philippines, Indonesia and Malaysia, have said Min Aung Hlaing should be
barred from the summit, which is scheduled to start on October 26, given the military’s failure to make progress on the peace plan.
The group, which admitted Myanmar as a member in 1997 during a previous military dictatorship, usually makes decisions on the basis of consensus.
In an open letter released on Wednesday, ASEAN Parliamentarians for Human Rights, a group of regional lawmakers, urged ASEAN not to invite the regime to the summit because of its “blatant disregard” for the five-point consensus.
“A lack of decisiveness and consequences for the military’s total contempt for the ASEAN leaders’ agreement risks undermining the bloc’s legitimacy as a key regional player that can bring peace and stability,” said the letter, which was also signed by dozens of other civil society groups and activists.
United States Secretary of State Antony Blinken discussed the continuing turmoil in Myanmar with Erywan in a call on Thursday.
The two “expressed concern over the violence and deteriorating crisis” in the country and the need for the military to end violence, release those unjustly imprisoned and restore the country’s transition to democracy.
“They also reaffirmed the need to hold the Burmese regime accountable to the ASEAN Five-Point Consensus and facilitate a meaningful visit by Erywan to Burma to include engagements with all stakeholders,” the State Department said in a statement released after the call.
Friday’s previously unscheduled virtual meeting will be hosted by Brunei, the current ASEAN chair, multiple sources based in ASEAN member countries, including diplomats and government officials, told Reuters.
A UN committee, which includes Russia, China and the United States, is due to meet next month to consider Myanmar’s competing credential applications.
The military has put forward Aung Thurein as its candidate for Myanmar’s UN seat.
Revelation comes as ASEAN prepares to hold emergency meeting amid frustration at military’s lack of cooperation.
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WASHINGTON —
Facebook was used to spread disinformation about the Rohingya, the Muslim ethnic minority in Myanmar, and in 2018 the company began to delete posts, accounts and other content it determined were part of a campaign to incite violence.
That deleted but stored data is at issue in a case in the United States over whether Facebook should release the information as part of a claim in international court.
Facebook this week objected to part of a U.S. magistrate judge’s order that could have an impact on how much data internet companies must turn over to investigators examining the role social media played in a variety of international incidents, from the 2017 Rohingya genocide in Myanmar to the 2021 Capitol riot in Washington.
The judge ruled last month that
Facebook had to give information about these deleted accounts to Gambia, the West African nation, which is pursuing a case in the International Court of Justice against Myanmar, seeking to hold the Asian nation responsible for the crime of genocide against the Rohingya.
But in its filing Wednesday, Facebook said the judge’s order “creates grave human rights concerns of its own, leaving internet users’ private content unprotected and thereby susceptible to disclosure — at a provider’s whim — to private litigants, foreign governments, law enforcement, or anyone else.”
The company said it was not challenging the order when it comes to public information from the accounts, groups and pages it has preserved. It objects to providing “non-public information.” If the order is allowed to stand, it would “impair critical privacy and freedom of expression rights for internet users — not just Facebook users — worldwide, including Americans,” the company said.
Facebook has argued that providing the deleted posts is in violation of U.S. privacy, citing the Stored Communications Act, the 35-year-old law that established privacy protections in electronic communication.
Deleted content protected?
In his
September decision, U.S. Magistrate Judge Zia M. Faruqui said that once content is deleted from an online service, it is no longer protected.
Paul Reichler, a lawyer for Gambia, told VOA that Facebook’s concern about privacy is misplaced.
“Would Hitler have privacy rights that should be protected?” Reichler said in an interview with VOA. “The generals in Myanmar ordered the destruction of a race of people. Should Facebook's business interests in holding itself out as protecting the privacy rights of these Hitlers prevail over the pursuit of justice?”
But Orin Kerr, a law professor at the University of California at Berkeley, said on Twitter that the judge’s ruling erred and that the implication of the ruling is that “if a provider moderates contents, all private messages and emails deleted can be freely disclosed and are no longer private.”
The 2017 military crackdown on the Rohingya resulted in more than 700,000 people fleeing their homes to escape mass killings and rapes, a crisis that the United States has called “ethnic cleansing.”
‘Coordinated inauthentic behavior’
Human rights advocates say Facebook had been used for years by Myanmar officials to set the stage for the crimes against the Rohingya.
Frances Haugen, the former Facebook employee who testified about the company in Congress last week, said Facebook’s focus on keeping users engaged on its site contributed to “literally fanning ethnic violence” in countries.
In 2018, Facebook deleted and banned accounts of key individuals, including the commander in chief of Myanmar’s armed forces and the military’s television network, as well as 438 pages, 17 groups and 160 Facebook and Instagram accounts — what the company called “coordinated inauthentic behavior.” The company estimated 12 million people in Myanmar, a nation of 54 million, followed these accounts.
Facebook commissioned an
independent human rights study of its role that concluded that prior to 2018, it indeed failed to prevent its service “from being used to foment division and incite offline violence.”
Facebook kept the data on what it deleted for its own forensic analysis, the company told the court.
The case comes at a time when law enforcement and governments worldwide increasingly seek information from technology companies about the vast amount of data they collect on users.
Companies have long cited privacy concerns to protect themselves, said Ari Waldman, a professor of law and computer science at Northeastern University. What’s new is the vast quantity of data that companies now collect, a treasure trove for investigators, law enforcement and government.
“Private companies have untold amounts of data based on the commodification of what we do,” Waldman said.
Privacy rights should always be balanced with other laws and concerns, such as the pursuit of justice, he added.
Facebook working with the IIMM
In August 2020, Facebook confirmed that it was working with the Independent Investigative Mechanism for Myanmar (IIMM), a United Nations-backed group that is investigating Myanmar. The U.N. Human Rights Council established the IIMM, or "Myanmar Mechanism," in September 2018 to collect evidence of the country's most serious international crimes.
Recently, IIMM told VOA it has been meeting regularly with Facebook employees to gain access to information on the social media network related to its ongoing investigations in the country.
A spokesperson for IIMM told VOA's Burmese Service that Facebook "has agreed to voluntarily provide some, but not all, of the material the Mechanism has requested."
IIMM head Nicholas Koumjian wrote to VOA that the group is seeking material from Facebook "that we believe is relevant to proving criminal responsibility for serious international crimes committed in Myanmar that fall within our mandate."
Facebook told VOA in an email it is cooperating with the U.N. Myanmar investigators.
“We’ve committed to disclose relevant information to authorities, and over the past year we’ve made voluntary, lawful disclosures to the IIMM and will continue to do so as the case against Myanmar proceeds,” the spokesperson wrote. The company has made what it calls “12 lawful data disclosures” to the IIMM but didn’t provide details.
Human rights activists are frustrated that Facebook is not doing more to crack down on bad actors who are spreading hate and disinformation on the site.
"Look, I think there are many people at Facebook who want to do the right thing here, and they are working pretty hard," said Phil Robertson, who covers Asia for Human Rights Watch. "But the reality is, they still need to escalate their efforts. I think that Facebook is more aware of the problems, but it's also in part because so many people are telling them that they need to do better."
Matthew Smith of the human rights organization Fortify Rights, which closely tracked the ethnic cleansing campaign in Myanmar, said the company’s business success indicates it could do a better job of identifying harmful content.
"Given the company's own business model of having this massive capacity to deal with massive amounts of data in a coherent and productive way, it stands to reason that the company would absolutely be able to understand and sift through the data points that could be actionable," Smith said.
Gambia has until later this month to respond to Facebook’s objections.
A US magistrate judge said Facebook must turn over deleted accounts, pages and groups, including ‘non-public information,’ used to incite violence against the Rohingya
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CNN's Ivan Watson speaks to two men who turned against Myanmar's military regime amid a wave of popular outrage following the military coup that ousted the elected government eight months ago.
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