In 1976, the Association of Southeast Asian Nations (ASEAN) unanimously established the Southeast Asian Treaty of Amity and Cooperation (TAC). This treaty is a cooperation and non-aggression pact between ASEAN countries and their partners. The TAC sets out the objectives and principles of promoting friendship and cooperation amongst all ASEAN members.
In line with its objectives, the Treaty of Amity and Cooperation (TAC) is anticipated to advertise peace, friendship, cooperation and closer relations amongst ASEAN members. The treaty incorporates a mechanism for the peaceful settlement of disputes, which was also adopted under it. The principles of the TAC are reflected within the Charter of the United Nations, particularly with regard to the principles of non-intervention and peaceful settlement of disputes.
However, the military coup in Burma, led by the Burmese Military Junta, continues with no solution in sight. Since the arrest of Aung San Suu Kyi by Myanmar’s military junta leader Min Aung Hlaing, there have been quite a few civil wars and power struggles, leading to many deaths, including the deaths of protesters.
Actions taken by the Burma Military Junta have resulted in human rights violations, which is a key issue for human rights enforcement within the ASEAN region and requires further attention. In this context, ASEAN’s determination as a regional community to resolve the coup crisis in Burma is questioned. The principle of non-intervention upheld within the ASEAN Charter appears to be a major obstacle to resolving the political crisis in Burma.
Following this explanation, Rahmanto’s 2017 study examined the compatibility of the principle of non-intervention with human rights norms and principles, concluding that it now not has any relevance within the context of current global developments. The study also explained that ASEAN’s strict adherence to the principle of non-intervention has worsened the situation of protection, respect and implementation of human rights within the region.
Therefore, as Erika Erika and Dewa Gede Sudika Mangku claim of their magazine entitled “Exploring the principle of non-intervention that continues to encompass ASEAN.” the principle of non-intervention makes ASEAN unable to offer strong and binding legal facilities to deal with human rights violations.
The principle of non-intervention often generates much discussion. This debate arises because this principle remains to be maintained and contributes significantly to the event of ASEAN and the respect for the sovereignty of every member state. On the opposite hand, this principle has a long-term negative impact on conflict resolution and its humanitarian application within the ASEAN region.
This principle must be reviewed to not undermine political freedom within the country, but to introduce flexibility and latest breakthroughs within the restoration and enforcement of human rights, especially within the ASEAN community.
Bibliography
Erika and Sudika Mangku, D. G. (2014). Adhering to the principle of non-intervention, which remains to be prevalent in ASEAN. Perspective, Flight. nineteenth century(No. 3), 178-189. https://doi.org/10.30742/perspektif.v19i3.20
Rahmanto, T. Y. (2017, December). Principle of non-interference in ASEAN from a human rights perspective (Principle of non-interference in ASEAN from a human rights perspective). Human Rights Journal, Volume. 8(No. 2), 145-159. http://dx.doi.org/10.30641/ham.2017.8.145-159
Widiastuti, A. (2022). ASEAN perspective on the principle of non-intervention. USM Law Review Journal, Volume. 5(No. 1), 377-388. http://dx.doi.org/10.26623/julr.v5i1.4802
