Human Rights Watch Urges Leaders to Reject Myanmar’s Upcoming Elections

Human Rights Watch (HRW) has called on leaders attending the ASEAN and East Asia Summit in Kuala Lumpur later this month to reject the military junta’s planned elections in Myanmar, scheduled for December. The organization described the electoral process as a “sham” that would further entrench repression and violence in the country.

In an open letter addressed to governments participating in the summits, HRW urged member states to deny recognition of the junta’s elections, intensify diplomatic isolation of Myanmar’s military rulers, and increase humanitarian and refugee assistance. HRW characterized the situation as one of the worst displacement crises in Asia since the Second World War, with over 3.5 million people displaced.

Since seizing power in a coup in February 2021, Myanmar’s military, led by Senior General Min Aung Hlaing, has conducted violent campaigns against pro-democracy forces and ethnic resistance groups. HRW reported widespread airstrikes, artillery shelling, and deliberate targeting of civilians and civilian infrastructure. The organization highlighted that a recently enacted election law criminalizes protests or criticisms of the elections, imposing severe penalties, including the death penalty.

In September, a man received a sentence of seven years of hard labor for posting online criticism of the upcoming elections, illustrating the oppressive environment surrounding the electoral process. According to HRW, attacks on civilians or humanitarian workers may constitute prosecutable offenses under international humanitarian law and the Rome Statute of the International Criminal Court, even though Myanmar is not a State Party to the ICC.

The letter from HRW emphasized the need for ASEAN leaders to “categorically reject” any recognition of the elections as legitimate. It cited warnings from UN High Commissioner for Human Rights and UN Special Envoy Julie Bishop, who cautioned that elections held under the current conditions could escalate violence and destabilize the country.

Former ASEAN foreign ministers have recently echoed HRW’s position, advocating for a “complete strategic reset” regarding Myanmar. They noted that the regional bloc’s principles have been undermined by the junta’s actions. Under ASEAN’s own charter, the organization is committed to promoting democracy, enhancing good governance, and protecting human rights.

Legal scholars have pointed out that continued engagement with the junta without consequences risks undermining ASEAN’s credibility as a regional institution committed to a rules-based order. The humanitarian fallout from the ongoing conflict is severe, with over 4 million Myanmar nationals currently in Thailand, nearly half of whom are undocumented. Additionally, 180,000 Rohingya refugees in Malaysia face threats of arrest and deportation.

HRW has called on ASEAN governments to increase aid contributions, restore UN funding, and commit to protecting refugees from forced return. International law imposes clear obligations on states regarding refugees, particularly the principle of non-refoulement, which prohibits returning individuals to countries where they face persecution or serious harm.

HRW urged ASEAN members to affirm this principle and cease maritime “pushbacks” of Rohingya asylum seekers intercepted at sea. The organization commended Thailand for introducing new rules that grant registered Myanmar refugees the right to work, a policy HRW encourages Malaysia and other nations to replicate to mitigate economic vulnerability and exploitation.

While ASEAN traditionally adheres to the principle of non-interference, HRW stresses that the bloc’s commitment to human rights provides a legal and moral basis for collective action when a member state’s conduct poses a threat to peace and stability. The upcoming summit in Kuala Lumpur presents a critical opportunity for ASEAN leaders to take a united stance in addressing the escalating crisis in Myanmar.