Human Rights Watch Calls for Rejection of Myanmar’s Elections

Human Rights Watch (HRW) has urged leaders from Southeast Asia and beyond to oppose Myanmar’s upcoming national elections, labeled a “sham” by the organization. In an open letter published on September 30, 2023, HRW called on representatives attending the ASEAN and East Asia Summits in Kuala Lumpur later this month to denounce the military junta’s plans for elections scheduled for December.

The military regime, led by Senior General Min Aung Hlaing, has been accused of intensifying repression and violence against pro-democracy forces since seizing power in a coup in February 2021. HRW estimates that over 3.5 million people have been displaced, while millions more suffer from acute food insecurity as a result of ongoing violence. The organization has documented numerous instances of airstrikes, artillery shelling, and the deliberate targeting of civilians and their infrastructure.

In its letter, HRW highlighted a new election law enacted on July 30, which criminalizes dissent against the polls, with penalties that could include death. This law follows the sentencing of a man to seven years of hard labor for criticizing the elections online. Under international humanitarian law and the statutes of the International Criminal Court (ICC), attacks on civilians could be prosecutable offenses. Although Myanmar is not a State Party to the ICC, there have been calls for accountability regarding crimes against the Rohingya that may involve cross-border implications with Bangladesh.

HRW emphasized that ASEAN leaders must “categorically reject” any recognition of the upcoming elections as legitimate. The organization also referenced warnings from the United Nations High Commissioner for Human Rights and UN Special Envoy Julie Bishop, who stated that conducting elections under the current circumstances could lead to increased violence and further destabilization of the country.

Recently, former ASEAN foreign ministers advocated for a “complete strategic reset” on Myanmar, reinforcing HRW’s stance that the regional bloc’s Five Point Consensus has been ineffective. According to ASEAN’s foundational principles, the organization is committed to promoting democracy and protecting human rights. Legal experts argue that continued engagement with the junta without consequences undermines these commitments and could damage ASEAN’s credibility as a regional institution.

The humanitarian crisis in Myanmar is dire, with over four million 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 urged ASEAN governments to enhance humanitarian aid, restore UN funding, and protect refugees from forced repatriation.

International law imposes clear responsibilities on states regarding refugees. The principle of non-refoulement, as outlined in Article 33(1) of the 1951 Refugee Convention and recognized as customary international law, prohibits returning individuals to countries where they may face persecution or harm. HRW called for ASEAN members to affirm this principle and cease maritime “pushbacks” against Rohingya asylum seekers intercepted at sea.

In a positive development, HRW commended Thailand for implementing new regulations that permit registered Myanmar refugees the right to work. The organization has encouraged Malaysia and other nations to adopt similar policies to mitigate economic vulnerability and exploitation among refugees.

While ASEAN typically adheres to the principle of non-interference as stated in Article 2(2)(e) of its Charter, HRW emphasizes that the bloc’s commitment to human rights provides a legal and moral basis for collective action when a member state’s actions threaten peace and stability. As the world watches closely, the upcoming summits present a crucial opportunity for regional leaders to address the escalating crisis in Myanmar and uphold their commitments to democracy and human rights.