Myanmar (Sanctions) Regulations 2021

Baroness D'Souza Excerpts

Monday 7th June 2021 Grand Committee

[Baroness D’Souza (CB) [V]]

My Lords, it seems fitting to focus on Myanmar today, the first day of Aung San Suu Kyi’s trial. The new regulations are extremely welcome, in that they are both comprehensive and stringent. The monitoring mechanisms set out in the regulations also appear to be circumvention-proof.

The generals who currently rule Myanmar appear impervious to international condemnation and even to the proposed severe sanctions imposed by the USA and France. It is therefore critical that external pressure be increased and sustained. The regulations would undoubtedly add to that pressure, but are there additional actions that the UK Government might take?

The UN Security Council is unlikely to be able to make any stronger condemnation than it already has, due to vetoes from China and Russia. This should not exclude other nations from adhering to the UN obligations under the responsibility to protect. The principles of R2P, accepted the world over at the UN General Assembly at 2005, make it clear that atrocities committed within Myanmar’s borders are not just a matter of internal business but the responsibility of all of us.

Concerted action by ASEAN states in the region to impose travel sanctions and be more vocal in their condemnation of the Tatmadaw regime would be welcome. Focus could also be given to those nations that are either unwilling or unable to monitor sufficiently the provision of resources that undermine democracy and contribute to the continued and severe repression of ethnic minorities in Myanmar as well as of peaceful citizens. What is the outcome of ASEAN’s recent discussion on the possibility of suspending Myanmar, an exclusion that would surely have a very marked effect?

It is clear that increased support is being provided to Myanmar by China and to some extent by Russia. Does the FCDO estimate that that support will in turn weaken the sanctions imposed by the UK and other nations?

The forthcoming G7 meeting, to which the Minister has referred, which will be hosted by the UK, is an opportune time to solicit international agreements and further action against Myanmar. Concerted and effective action to strengthen sanctions would have real impact on the regime’s behaviour. Furthermore, the comprehensive list of sanctioned materials in these regulations might form the basis of an internationally co-ordinated list of prohibited items.

Although the chances of the Myanmar crimes being referred to the International Criminal Court by the UN Security Council under the Rome statute are extremely slim, is the UK prepared to detain and try designated persons who may leave themselves open to arrest when travelling under the universal jurisdiction banner?

I have two further areas on which I would be most grateful to have the Minister’s answer. First, I understand that the impact of the new sanctions on UK businesses is considered to be minimal, and thus an annual review and report to Parliament is deemed unnecessary. What kind of estimate will be carried out of the impact of the sanctions, once enforced, on Myanmar itself? As I have said, there are comprehensive mechanisms to avoid circumvention of such sanctions, but inevitably loopholes will be there. Is the widely dispersed and hidden wealth of senior generals known and accounted for? It would be useful if the Minister could provide some idea of the actual cost to the regime in Myanmar when the sanctions are fully implemented.

Secondly, it is clear that humanitarian organisations are exempt from any of the sanctions set out in the regulations. Nevertheless, some international organisations work in extremely difficult areas—notably, the ethnic regions and among minorities including the Rohingya, the Shan, the Karen and the Mon—and are necessarily involved in providing resources such as food to communities that themselves contain armed militia, albeit working against the Tatmadaw machine. Is there any ambiguity that could limit the resources and the work of those humanitarian bodies? With all that said, I warmly welcome the regulations and thank the Minister.