Rights Groups Demand ASEAN Leaders Reject Myanmar’s Upcoming Elections

Human Rights Watch (HRW) has urged Southeast Asian and global leaders to take a strong stance against the military junta in Myanmar and its plans for national elections scheduled for December. The organization described the elections as a “sham” that would reinforce a regime marked by repression and violence. In an open letter addressed to governments participating in the upcoming ASEAN and East Asia Summits in Kuala Lumpur, HRW called for the rejection of the junta’s electoral process and emphasized the need for increased diplomatic isolation of Myanmar’s military rulers.

HRW highlighted the dire humanitarian situation in Myanmar, where over 3.5 million people have been displaced since the military coup in February 2021. The junta, led by Senior General Min Aung Hlaing, has conducted a violent campaign against pro-democracy activists and ethnic resistance groups. According to HRW, millions more face acute food insecurity, exacerbated by military actions that include widespread airstrikes and artillery shelling, with civilians and civilian infrastructure frequently targeted.

In its letter, HRW pointed out that a law enacted on July 30 criminalizes any protests or criticism of the elections, with severe penalties that could include the death sentence. A recent case involved a man sentenced to seven years of hard labor for posting online criticism of the elections. Under international humanitarian law and the statutes of the International Criminal Court (ICC), attacks directed at civilians could be prosecutable offenses. While Myanmar is not a State Party to the ICC, there is a precedent for addressing crimes against the Rohingya that involve cross-border conduct, particularly with Bangladesh.

HRW emphasized that ASEAN leaders must “categorically reject” any recognition of these elections as legitimate. The organization referenced previous statements from the UN High Commissioner for Human Rights and UN Special Envoy Julie Bishop, both of whom warned that elections held under the current circumstances could escalate violence and further destabilize Myanmar. Recently, former ASEAN foreign ministers called for a “complete strategic reset” regarding Myanmar, echoing HRW’s call for a more robust response from the regional bloc.

ASEAN’s own commitments to democracy and human rights, outlined in various charters, bind it to promote good governance and protect fundamental freedoms. Legal scholars argue that continued engagement with the junta, without any consequences, risks undermining these commitments and could damage ASEAN’s credibility as a regional institution.

The humanitarian crisis remains severe, with over four million Myanmar nationals currently residing in Thailand, many of whom are undocumented. Additionally, approximately 180,000 Rohingya refugees in Malaysia face threats of arrest and deportation. HRW has called on ASEAN governments to increase humanitarian aid and support for refugees, stressing the importance of adhering to the principle of non-refoulement, which prohibits returning individuals to countries where they may face persecution.

HRW commended Thailand for introducing new regulations that allow registered Myanmar refugees to work, urging Malaysia and other nations to implement similar policies to alleviate economic vulnerability and exploitation. The organization reiterated the need for ASEAN to uphold its commitments to human rights, which provide a solid foundation for collective action when a member state poses a threat to regional stability.

In conclusion, the upcoming summits present a critical opportunity for ASEAN and international leaders to take a firm stance against the actions of Myanmar’s military junta and to address the urgent humanitarian needs of those affected by the ongoing crisis.