Kyaw Win – As leaders of the Association of Southeast Asian Nations (ASEAN) convened in Kuala Lumpur for their biennial summit over the weekend, they formally admitted Timor-Leste into the bloc, marking the first expansion of its membership since 1999. However, recent attempts by Myanmar's military junta to block the young nation's accession to ASEAN, in retaliation for its advocacy for human rights in Myanmar, have raised questions about how the bloc deals with the perpetrators of atrocity crimes, in Myanmar and beyond.

In recent months, Myanmar's junta has sought to derail Timor-Leste's long-awaited accession to ASEAN by exploiting the bloc's consensus rules. While it did not succeed – ASEAN had already agreed to grant Timor-Leste membership in the bloc – the junta's attempted obstruction sent a clear signal that abusive regimes can weaponize ASEAN procedures – including its principles of consensus decision-making and non-interference – to punish democratic actors and block accountability. Malaysia, as ASEAN chair, should not allow the bloc to be held hostage by a regime responsible for ongoing atrocity crimes. Timor-Leste, for its part, should stay the course and use this moment to lead a principled push for justice and rights across the region.

For the past four years, ASEAN has excluded Myanmar's military leaders from high-level meetings over their failure to implement the bloc's Five-Point Consensus. Adopted in April 2021, the agreement called for an end to violence, inclusive dialogue, and unimpeded access to humanitarian aid. The junta has consistently violated all three. Despite this, it recently attempted to use ASEAN's consensus rules to block Timor-Leste's entry, penalizing it for expressing support for Myanmar's democratic opposition.

In July of this year, Myanmar's junta informed Malaysia it would oppose Timor-Leste's ASEAN membership due to Dili's engagement with the opposition National Unity Government (NUG). Since mid-2023, Timor-Leste has hosted NUG representatives, allowed the group to establish a liaison office in Dili, and regularly criticized the junta's abuses. In response, the military expelled Timor-Leste's charge d'affaires in August 2023 and increased diplomatic pressure on its government.

In September, Timor-Leste's foreign minister travelled to Naypyidaw. According to junta media, he pledged to bar "illegal organizations' from operating in Dili, an apparent reference to the NUG. The reports also claimed that the foreign minister proposed the establishment of a Myanmar embassy in Dili. While Timor-Leste hasn't confirmed these details, the visit suggests that it made these shifts under pressure.

This development underscores the urgent need for ASEAN to reform how it interprets and applies its rules. The bloc's insistence on consensus has allowed obstructive actors like the Myanmar junta to paralyze decision-making and punish dissent. The consensus rule, once intended to promote cohesion, is now routinely exploited by member states to block collective action. The ASEAN Charter already provides a mechanism – Article 20(2) – that allows leaders to adopt alternative decision-making procedures when consensus breaks down. Malaysia should begin informal consultations with like-minded states on how and when to invoke this clause. Doing so would not require structural reform but would establish a precedent that protects the bloc's ability to act when faced with obstruction by one of its member states. Failing to act would risk reinforcing a pattern of impunity and further eroding ASEAN's credibility.

Continued inaction also carries measurable costs for the people of Myanmar. More than 3.6 million people are displaced within Myanmar, and nearly one-third of the population faces acute food insecurity. In Rakhine State, renewed fighting has displaced thousands, compounding long-standing restrictions on aid and movement. The junta continues to destroy villages, restrict humanitarian access, and manipulate aid delivery. A recent report by the Independent Investigative Mechanism for Myanmar (IIMM) details how military forces razed Rohingya villages and built outposts on their land. The IIMM now faces funding constraints just as its work becomes more urgent.

The junta's ability to pressure Timor-Leste, marginalize the National Unity Government, and manipulate ASEAN procedures stems from the bloc's failure to enforce its own commitments. Malaysia, as ASEAN chair, still has a short window to reinforce those commitments. Malaysia should act now and pave the way for the bloc's next chair, the Philippines, to carry forward the work. Malaysia will also remain part of the ASEAN Troika on Myanmar, alongside the past and next chairs, giving it continued influence over ASEAN's response even after its term ends as chair.

First, Malaysia should use what remains of its chairmanship to make clear that Myanmar's objection had no bearing on Timor-Leste's admission and that such obstruction should carry no weight in future decisions. It should also reaffirm the bloc's current policy of excluding junta representatives from high-level meetings and continue to push back against any effort to restore their participation. Allowing any return by the junta to the summit process would send a clear signal that obstruction works.

Second, Malaysia and Timor-Leste should work together to lead a regional push for international accountability. Timor-Leste is one of the few Southeast Asian countries that is a state party to the Rome Statute of the International Criminal Court (ICC). Dili could initiate an Article 14 referral to the ICC to investigate crimes committed in Myanmar since 2002. This would complement the ongoing efforts focused on the Rohingya genocide and expand the court's scope to include the post-coup atrocities. Malaysia, which has long supported international justice efforts, should back such a move and host a side meeting during the summit to coordinate support.

Third, ASEAN must increase support for the IIMM, whose work is foundational to any future prosecution. Malaysia should lead efforts to secure bridge funding and encourage member states and partners to contribute.

With the remaining time that it has left as chair, Malaysia must decide whether the bloc will continue down the path of ineffective diplomacy or seize the opportunity to push for justice, accountability, and principled leadership. The people of Myanmar are watching. Timor-Leste's membership must not be held hostage by a military junta that flouts every value that ASEAN claims to represent. If Malaysia acts now, it can help ensure that ASEAN begins to repair its credibility rather than repeat its failures.

Source: https://thediplomat.com/2025/10/timor-leste-shouldnt-have-to-buy-its-asean-seat-with-silence