Human Rights Watch (HRW) has urged leaders from Southeast Asia and beyond to denounce Myanmar’s military junta and its plans for national elections scheduled for December. In an open letter addressed to participants of the ASEAN and East Asia Summits in Kuala Lumpur, HRW described the electoral process as a “sham” that would perpetuate repression and violence in the country.
HRW called on member states to withhold recognition of the junta’s elections and enhance diplomatic isolation of Myanmar’s military rulers. The organization highlighted the ongoing humanitarian crisis that has led to one of the most severe displacement situations in Asia since the Second World War. According to HRW, over 3.5 million people have been displaced due to the junta’s violent crackdown on pro-democracy forces and ethnic resistance groups.
Since seizing power in a coup on February 1, 2021, Myanmar’s military, under the leadership of Senior General Min Aung Hlaing, has executed a brutal campaign against dissenters. The situation has seen widespread airstrikes and artillery shelling, resulting in significant civilian casualties and destruction of infrastructure. Millions of Myanmar citizens now face acute food insecurity, as documented by HRW.
The open letter also referenced a July 30 election law that criminalizes any form of protest or critique related to the elections, imposing severe penalties, including the death sentence. In a notable case, a man was sentenced in September to seven years of hard labor for posting online criticism of the upcoming elections.
International humanitarian law and the statutes of the International Criminal Court (ICC) classify attacks on civilians and humanitarian workers as prosecutable offenses. While Myanmar is not a party to the ICC, there have been discussions regarding the potential for prosecuting crimes against the Rohingya that involve cross-border actions with Bangladesh. This precedent may expand if the United Nations Security Council refers the situation to the ICC under Article 13(b) of the Rome Statute.
HRW emphasized that ASEAN leaders must “categorically reject” any recognition of the elections as legitimate. The letter also cited statements from the UN High Commissioner for Human Rights and UN Special Envoy Julie Bishop, warning that elections held under the current conditions could exacerbate violence and destabilize the country further.
In light of the ongoing crisis, former ASEAN foreign ministers have called for a “complete strategic reset” regarding Myanmar. Their concerns align with HRW’s assertion that the bloc’s Five Point Consensus (5PC) has been ineffective in addressing the situation. Under ASEAN’s charter, the organization is committed to strengthening democracy and promoting human rights. Legal experts argue that engaging with the junta without consequences undermines these commitments and diminishes ASEAN’s credibility as a rules-based institution.
Alongside its political concerns, HRW focused on the humanitarian implications. Currently, more than four million Myanmar nationals are in Thailand, with nearly half lacking documentation. Additionally, 180,000 Rohingya refugees in Malaysia face threats of arrest and deportation. HRW urged ASEAN governments to increase humanitarian aid, restore UN funding, and commit to protecting refugees from forced repatriation.
International law clearly outlines obligations regarding refugees, particularly the principle of non-refoulement, which prohibits returning individuals to countries where they risk persecution or harm. HRW called on ASEAN members to reaffirm this principle and cease maritime “pushbacks” of Rohingya asylum seekers intercepted at sea.
The organization commended Thailand for implementing new rules allowing registered Myanmar refugees to work, a policy HRW encouraged Malaysia and other nations to adopt to mitigate economic vulnerability and exploitation. While ASEAN traditionally adheres to the principle of non-interference, HRW argues that the bloc’s commitment to human rights provides a legitimate foundation for intervention when a member state poses a threat to regional peace and stability.
