Fourth Report - The UK Government's Response to the Myanmar Crisis

Select Committee
Foreign Affairs Committee HC 203 16 July 2021
Report Status Government responded
Conclusions & Recommendations 31 items (27 recs)
Government Response (AI assessment · 31 of 31 classified)
Government response
Third Special Report - Government Response to the Committee’s Fourth Report: The UK Government’s Response to the Myanmar Crisis · published 23 Sep 2021

Recommendations & Conclusions

31 results
1 Recommendation Accepted
Para 8
If the UK is to fulfil its unique potential to mediate, it has to demonstrate...
Recommendation
If the UK is to fulfil its unique potential to mediate, it has to demonstrate a willingness to take action beyond statements. A coherent and concerted response is needed by the United Nations if the junta is to feel any … Read more
Government Response Summary
The government states it has already gone beyond statements by imposing targeted sanctions, building coalitions to block arms supply, and actively working with regional partners to increase pressure on the junta.
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2 Recommendation Rejected
Para 10
The UK Government cannot be said to support democracy in Myanmar if it does not...
Recommendation
The UK Government cannot be said to support democracy in Myanmar if it does not recognise the outcome of democratic elections in Myanmar. The National Unity Government comprises the legitimate representatives of the people of Myanmar, whose election has been … Read more
Government Response Summary
The government rejected treating the NUG as a "government-in-waiting" due to its policy of recognising states, not governments. However, it confirmed active engagement with NUG and CRPH representatives, amplifying their voices internationally and urging partners to engage.
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3 Recommendation Accepted in Part
Para 14
We recommend that the UK Government supports the democratically elected National Unity Government of Myanmar...
Recommendation
We recommend that the UK Government supports the democratically elected National Unity Government of Myanmar by working with its representatives to identify and push for peaceful outcomes and draw attention to the junta’s illegal actions.
Government Response Summary
The government states it adheres to its policy of recognising states, not governments, but actively supports the NUG by amplifying their voice internationally, urging partners to engage, and regularly engaging with their senior figures, including ministerial meetings.
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4 Recommendation Acknowledged
Para 14
This support should be contingent on the NUG’s clear and continued commitment to the rights...
Recommendation
This support should be contingent on the NUG’s clear and continued commitment to the rights of different ethnic groups and minorities, and to delivering justice for past crimes. The UK should work to encourage other countries to do the same.
Government Response Summary
The UK government states it wants to see an inclusive future for Myanmar and has used diplomatic meetings to encourage the NUG to be inclusive and representative of all ethnic groups, welcoming their recent policy paper on the Rohingya.
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5 Recommendation Accepted
Para 15
It is essential that the UK Government’s actions do not appear to legitimise the authority...
Recommendation
It is essential that the UK Government’s actions do not appear to legitimise the authority of the junta in any way. Any actions that do will be seized upon by the junta and used as propaganda. Engagement should be strictly … Read more
Government Response Summary
The government confirms it engages with the regime bilaterally only where strictly necessary to achieve political, humanitarian, and development objectives, aligning with the recommendation to avoid legitimising the junta.
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6 Recommendation Accepted
Para 17
Freezing the Tatmadaw’s supply of arms should be the first priority of all those who...
Recommendation
Freezing the Tatmadaw’s supply of arms should be the first priority of all those who wish to see violence in Myanmar come to an end.
Government Response Summary
The government states it is a longstanding supporter of an arms embargo, has transitioned EU embargoes into domestic law, and is actively working with G7 and UN partners to prevent the flow of arms to Myanmar.
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7 Recommendation Rejected
Para 17
We recommend that the UK draft a United Nations Security Council resolution calling explicitly for...
Recommendation
We recommend that the UK draft a United Nations Security Council resolution calling explicitly for an arms embargo on Myanmar in order to gauge the current level of support and the type of diplomatic engagement that is required to establish … Read more
Government Response Summary
The government states it is a longstanding supporter of an arms embargo and has implemented one domestically and through G7/UN General Assembly efforts, but currently finds a lack of support for a binding UN Security Council resolution, thus not proceeding with drafting one at this time.
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8 Recommendation Accepted
In the absence of a binding UN resolution on an arms embargo, we recommend that...
Recommendation
In the absence of a binding UN resolution on an arms embargo, we recommend that the UK works bilaterally and with groups such as the G7, the Quad, and the Five Power Defence Arrangements to build broader coalitions that will … Read more
Government Response Summary
The government accepted the recommendation, detailing its longstanding support for an arms embargo, its role in securing EU and domestic sanctions, and active work with G7 and UN partners to build broader coalitions for preventing arms flow, including a UN General Assembly Resolution.
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9 Recommendation Accepted
Para 20
If ASEAN’s mediation efforts are to have any chance of succeeding, they must be much...
Recommendation
If ASEAN’s mediation efforts are to have any chance of succeeding, they must be much more assertive, with a focus on holding the leaders of the junta to account. The UK has a responsibility to amplify the importance of human … Read more
Government Response Summary
The government welcomes ASEAN's Five Point Consensus and Special Envoy appointment, stating it has convened the UN Security Council, will continue to work closely with ASEAN to stress urgency and advocate for access, and will use its new Dialogue Partner status to support resolution efforts.
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10 Recommendation Accepted
Para 20
Using its new status as an ASEAN Dialogue Partner, the UK should work with ASEAN...
Recommendation
Using its new status as an ASEAN Dialogue Partner, the UK should work with ASEAN to avoid any member states legitimising the junta’s authority, and should make the release of political prisoners and the cessation of all violence a fundamental … Read more
Government Response Summary
The government welcomes the ASEAN Five Point Consensus and Special Envoy appointment, stating it will use its new ASEAN Dialogue Partner status to work closely with ASEAN and the Special Envoy to stress the urgency of the situation and advocate for access to all stakeholders.
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11 Conclusion Rejected
Para 22
If the crisis continues to worsen, and in the absence of meaningful action through other...
Conclusion
If the crisis continues to worsen, and in the absence of meaningful action through other United Nations mechanisms, the Uniting for Peace option may be another viable avenue for action, as the General Assembly has already shown consensus on an … Read more
Government Response Summary
The government notes the suggestion to use the 'Uniting for Peace' procedure but states that the UN General Assembly is already addressing the Myanmar crisis, and invoking UfP would not change the existing prerogatives.
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12 Recommendation Rejected
Para 22
We recommend that the Government explore the feasibility of moving for a Uniting for Peace...
Recommendation
We recommend that the Government explore the feasibility of moving for a Uniting for Peace resolution if there is a failure to reach consensus in the Security Council within the next three months.
Government Response Summary
The government rejects exploring a Uniting for Peace resolution, explaining that the UN General Assembly is already actively addressing the Myanmar crisis and invoking UfP would not change its existing prerogatives or powers.
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13 Recommendation Rejected
To draw further attention to the challenges faced by different groups, the Government should consider...
Recommendation
To draw further attention to the challenges faced by different groups, the Government should consider raising the issue of Myanmar at the UN treaty bodies. This may include, but not be limited to, the Committee on the Elimination of Discrimination … Read more
Government Response Summary
The government rejected the recommendation to raise issues at specific UN treaty bodies (CEDAW, CRC, CAT), stating it's not possible due to a lack of inter-state mechanisms, Myanmar's exclusion of certain mechanisms, or non-ratification of conventions. However, it committed to continue using its UN leadership role and the UNSC Working Group on Children and Armed Conflict, and to publicly condemn human rights violations.
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14 Recommendation Accepted in Part
Para 28
We welcome the Government’s willingness to sanction individuals and Tatmadaw- linked companies in critical sectors.
Recommendation
We welcome the Government’s willingness to sanction individuals and Tatmadaw- linked companies in critical sectors. This should be taken further by freezing the military’s revenue sources on all possible fronts. The UK has the economic and technical capabilities to help … Read more
Government Response Summary
The government agrees to pursue targeted sanctions on businesses and organisations the junta depends on, highlighting existing sanctions and ongoing work with international partners, but not committing to freezing revenue on "all possible fronts".
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15 Recommendation Accepted in Part
Para 28
The Government should implement sanctions on Myanmar businesses and organisations in key industries on which...
Recommendation
The Government should implement sanctions on Myanmar businesses and organisations in key industries on which the junta is dependent at a much faster pace, while encouraging countries which are not currently introducing sanctions to do so.
Government Response Summary
The government accepted the recommendation in part, agreeing to pursue targeted sanctions on junta-dependent businesses and commit to working with partners on further sanctions, while also encouraging other countries to adopt sanctions. It highlighted its existing quick action and targeted approach, rather than explicitly committing to a *faster pace* than current efforts.
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16 Conclusion Accepted
Para 29
We heard that banks operating in countries including Singapore and Thailand can be compelled by...
Conclusion
We heard that banks operating in countries including Singapore and Thailand can be compelled by UK regulators to enforce UK sanctions, as they conduct transactions in British pounds. This would cut off a key intermediary for the junta’s revenues, shutting … Read more
Government Response Summary
The government explains that its sanctions regimes already apply extra-territorially to UK persons and entities through a 'UK Nexus', which prohibits dealing with sanctioned individuals' funds or economic resources, a longstanding approach to the extent of its sanctions.
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17 Recommendation Rejected
We recommend that the UK seeks to ensure that relevant third country financial institutions and...
Recommendation
We recommend that the UK seeks to ensure that relevant third country financial institutions and regulators support sanctions placed on Tatmadaw-linked businesses and individuals. (Paragraph 29) The UK Government’s Response to the Myanmar Crisis 21 Humanitarian support Read more
Government Response Summary
The government rejected the recommendation to ensure support for sanctions from third-country financial institutions, stating it has no power to enforce sanctions extra-territorially without a UK nexus. However, it noted ongoing engagement with partners to encourage responsible investment and divestment from military-linked businesses.
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18 Recommendation Accepted
Para 32
The UK should use the UN system to build consensus on the need for humanitarian...
Recommendation
The UK should use the UN system to build consensus on the need for humanitarian assistance within Myanmar, emphasising fundamental requirements such as healthcare and basic provisions.
Government Response Summary
The government accepted the recommendation, detailing its twin-track approach to humanitarian access and its use of the UN system, including repeatedly raising concerns at the UNSC and UNGA. It also committed over £15.3m in humanitarian support, including £11m for basic healthcare.
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19 Recommendation Accepted
Para 32
This should be done using a mechanism that will compel or encourage other countries to...
Recommendation
This should be done using a mechanism that will compel or encourage other countries to act, such as a resolution or statement at the Security Council or the General Assembly. Doing so will reaffirm certain countries’ commitment to provide humanitarian … Read more
Government Response Summary
The government accepted the recommendation, committing to continue using its leadership role at the UN and Security Council to highlight the humanitarian crisis, citing specific past actions like convening meetings and securing a Presidential Statement, and promising to explore further statements.
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20 Recommendation Accepted
Para 34
The Government should use its diplomatic influence to encourage border countries such as Thailand and...
Recommendation
The Government should use its diplomatic influence to encourage border countries such as Thailand and India to accept more refugees from Myanmar, and to meet their commitments of non-refoulement and support them as they do so, through channels including human … Read more
Government Response Summary
The government states it has raised the importance of non-refoulement with partners and provides life-saving humanitarian assistance to displaced people in Myanmar and on the Thai border, including through The Border Consortium, while acknowledging the sensitivity of discussing actual cross-border work in detail.
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21 Recommendation Accepted
Para 38
We recommend that the Government explore innovative ways of providing financial support to of civil...
Recommendation
We recommend that the Government explore innovative ways of providing financial support to of civil society organisations.
Government Response Summary
The government states its humanitarian programme is already highly localised, providing flexible funding and capacity training to diverse civil society partners, and has led international efforts to develop new flexible support modalities.
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22 Recommendation Accepted
Aid spending should be funnelled to civil society and grassroots organisations who are doing invaluable...
Recommendation
Aid spending should be funnelled to civil society and grassroots organisations who are doing invaluable on-the-ground work to support those suffering under the junta. Organisations providing tailored support to different ethnic groups should also be specifically targeted for assistance. (Paragraph … Read more
Government Response Summary
The government explains its humanitarian programme is already highly localised, providing flexible funding, specialised financial support, and capacity training to civil society and grassroots organisations, including those reaching isolated communities.
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23 Recommendation Accepted
Para 39
At the heart of this coup is the belief in impunity.
Recommendation
At the heart of this coup is the belief in impunity. The generals leading the junta believe they can act without consequence. It is vital that the international community demonstrates that this is not the case. Not only is it … Read more
Government Response Summary
The UK government agrees on the need for justice and accountability, committing £500,000 to the Independent Investigative Mechanism for Myanmar and establishing the 'Myanmar Witness' programme to collect and preserve evidence of international law violations.
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24 Recommendation Rejected
Para 40
We recommend that, should other accountability efforts fail, the Government publicly state its support for...
Recommendation
We recommend that, should other accountability efforts fail, the Government publicly state its support for referring those responsible for the situation in Myanmar to the International Criminal Court.
Government Response Summary
The government rejects the recommendation to publicly state support for ICC referral, citing insufficient UN Security Council support and the risk that an unsuccessful referral would embolden the Tatmadaw.
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25 Recommendation Deferred
Para 41
We recommend that the UK Government announce its intention to intervene in the Application of...
Recommendation
We recommend that the UK Government announce its intention to intervene in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) at the International Court of Justice.
Government Response Summary
The UK government strongly supports the ICJ process and will monitor developments closely, considering whether a UK intervention would add value once the legal arguments are made available.
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26 Recommendation Accepted
Assistance should be provided to local media organisations which continue to provide information and hold...
Recommendation
Assistance should be provided to local media organisations which continue to provide information and hold the junta to account at serious personal risk. Ethnic media agencies in particular, which broadcast and provide information in different languages throughout Myanmar, require particular … Read more
Government Response Summary
The FCDO is providing funding to initiatives that help journalists and media organisations in Myanmar protect their identity and safety, including through the Joint Peace Fund, but cannot disclose further details for security reasons.
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27 Recommendation Accepted
Para 43
We recommend that the Government explore ways to provide core funding and resourcing support to...
Recommendation
We recommend that the Government explore ways to provide core funding and resourcing support to independent ethnic language media organisations.
Government Response Summary
The UK government recognises the work of ethnic media organisations and supports smaller partners through its PROTECT programme, providing emergency funds in response to the coup and intending to support female journalists.
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28 Recommendation Accepted
The Government should target funding and resources such as protected communications and data storage equipment...
Recommendation
The Government should target funding and resources such as protected communications and data storage equipment to civil society organisations on the ground in Myanmar, who are collecting evidence of human rights abuses committed by the Tatmadaw, for future due process. … Read more
Government Response Summary
The UK government announced a £500,000 funding boost for the Independent Investigative Mechanism for Myanmar and has established the Myanmar Witness programme to independently collect, preserve, verify, and investigate human rights abuses.
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29 Conclusion Accepted
Para 48
While we commend the Government’s decision to provide support to the recently deposed Myanmar ambassador,...
Conclusion
While we commend the Government’s decision to provide support to the recently deposed Myanmar ambassador, Kyaw Zwar Minn, we recognise that there are other Myanmar nationals in the UK requiring assistance. These people do not have access to the proper … Read more
Government Response Summary
The government stated that existing immigration routes and provisions, including the Skilled Worker, Graduate, Student, Exceptional Assurance, and Leave Outside the Immigration Rules, are already available to Myanmar nationals in the UK to address their visa needs.
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30 Recommendation Rejected
We recommend that the Government introduces ‘protected status’ lasting the duration of the violence for...
Recommendation
We recommend that the Government introduces ‘protected status’ lasting the duration of the violence for Myanmar nationals who are currently based in the UK but are unable to renew their visas due to the military’s occupation of the embassy in … Read more
Government Response Summary
The government outlines existing immigration routes and temporary provisions like Exceptional Assurance for Myanmar nationals in the UK, stating individuals can access various visa options or claim asylum, but does not commit to introducing a specific 'protected status'.
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31 Conclusion Accepted
It is the duty of the international community to support the Myanmar people in their...
Conclusion
It is the duty of the international community to support the Myanmar people in their efforts to stop the violence and bring about the democracy for which the country has fought so long. The Government has made positive steps on … Read more
Government Response Summary
The government accepted the committee's conclusion, agreeing on the need for concerted international effort and outlining its commitment to continue building on existing steps, including extending targeted sanctions, working to stem arms flow, providing humanitarian assistance, maintaining UN leadership, providing a platform for pro-democracy voices, and working with ASEAN.
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