Human Rights Group Calls for Rejection of Myanmar’s “Sham Elections”

Human Rights Watch (HRW) has urged leaders attending the ASEAN and East Asia Summits in Kuala Lumpur later this month to reject Myanmar’s planned national elections in December. The organization describes the elections as a “sham” designed to further entrench the military regime’s repression and violence against the population.

In an open letter addressed to the governments participating in the ASEAN and East Asia Summits, HRW called for member states to deny recognition of the junta’s elections, intensify diplomatic isolation of Myanmar’s military rulers, and enhance humanitarian aid in response to what it describes as one of the worst displacement crises in Asia since the Second World War.

Since seizing power in a coup in February 2021, Myanmar’s military, led by Senior General Min Aung Hlaing, has launched a brutal campaign against pro-democracy activists and ethnic resistance groups. HRW reports that over 3.5 million people have been displaced, while millions more suffer from acute food insecurity. Evidence collected by the organization includes widespread airstrikes, artillery shelling, and deliberate attacks on civilians and civilian infrastructure.

HRW’s letter highlights a new election law enacted on July 30, which criminalizes public protest or criticism of the upcoming elections, imposing penalties that could lead to death. This law follows the case of a man sentenced in September to seven years of hard labor for voicing criticism online about the elections.

According to international humanitarian law and the statutes of the International Criminal Court (ICC), attacks targeting civilians or humanitarian workers may constitute prosecutable offenses. Although Myanmar is not a State Party to the ICC, there is a precedent concerning crimes committed against the Rohingya that involve cross-border conduct with Bangladesh. This precedent could be expanded if the UN Security Council refers the situation in Myanmar to the ICC under Article 13(b) of the Rome Statute.

HRW asserts that ASEAN leaders must “categorically reject” any recognition of these elections as legitimate. The organization points to warnings from UN High Commissioner for Human Rights and UN Special Envoy Julie Bishop, who have cautioned that holding elections under the current conditions could exacerbate violence and destabilize Myanmar further.

In a recent statement, former ASEAN foreign ministers called for a “complete strategic reset” regarding Myanmar, aligning with HRW’s view that the regional bloc’s approach has been ineffective. Under ASEAN’s own principles, the organization is bound to “strengthen democracy, enhance good governance and the rule of law, and promote and protect human rights and fundamental freedoms.”

Legal experts argue that ongoing engagement with the junta without consequences could undermine these commitments and damage ASEAN’s credibility as a rules-based institution.

The humanitarian crisis continues to worsen, with over four million Myanmar nationals currently residing in Thailand, nearly half of whom are undocumented. Additionally, around 180,000 Rohingya refugees in Malaysia face threats of arrest and deportation. HRW has called on ASEAN governments to increase humanitarian contributions, restore UN funding, and commit to protecting refugees from forced returns.

International law imposes clear responsibilities on states regarding refugees, particularly the principle of non-refoulement, which prohibits returning individuals to countries where they face persecution or serious harm. HRW urges ASEAN members to reaffirm this principle and halt maritime “pushbacks” of Rohingya asylum seekers intercepted at sea.

The organization commended Thailand for implementing new regulations that allow registered Myanmar refugees to work, a policy HRW encourages Malaysia and other countries to adopt to reduce economic vulnerability and exploitation.

While ASEAN traditionally adheres to the principle of non-interference, HRW emphasizes that the bloc’s commitment to human rights provides a legal and moral foundation for collective action when a member’s actions pose a threat to peace and stability.