As Southeast Asian leaders prepare to convene in Kuala Lumpur for the ASEAN Summit and East Asia Summit, an increasingly urgent plea has emerged from Human Rights Watch (HRW). The organization has called on these leaders, joined by global counterparts, to take a decisive stance against Myanmar’s military junta plan to hold national elections in December. These elections are criticized as a “sham” process that is likely to entrench existing repression and violence in the country.
In an open letter to the attending governments, HRW urged them to deny recognition of the junta’s proposed elections, intensify diplomatic isolation of Myanmar’s military rulers, and enhance humanitarian and refugee assistance. This call to action arises amid a major displacement crisis across the region, described as one of the worst since World War II.
Myanmar’s military, led by Senior General Min Aung Hlaing, seized power through a coup in February 2021 and has since executed a violent campaign to crush pro-democracy forces and ethnic resistance groups. Over 3.5 million people have been displaced, with many more facing acute food insecurity. Documented evidence includes widespread airstrikes, artillery shelling, and deliberate targeting of civilians.
The election law, enacted on July 30, criminalizes protest or criticism related to the polling process, attaching severe penalties, including the death penalty. A recent case saw an individual sentenced to seven years of hard labor for online criticism.
The prosecution of offenses targeting civilians or humanitarian workers may be pursued under customary international law and the Rome Statute of the International Criminal Court (ICC). Although Myanmar is not a party to the ICC, the court holds limited jurisdiction over crimes against the Rohingya that involve cross-border conduct with Bangladesh. Countries attending the summit may consider actions under Article 13(b) of the ICC’s Rome Statute.
ASEAN’s commitment to human rights, as outlined in its Charter and the ASEAN Human Rights Declaration, stands at a critical juncture. Legal scholars and former ASEAN foreign ministers have called for a strategic reset on Myanmar, emphasizing that continued engagement with Myanmar’s junta without consequences undermines these commitments and erodes ASEAN’s credibility.
The humanitarian crisis exacerbates the regional challenge. Over four million Myanmar nationals currently reside in Thailand, with half undocumented. Additionally, the 180,000 Rohingya refugees in Malaysia face potential detention and deportation. HRW beckoned ASEAN governments to restore UN funding and adhere to the principle of non-refoulement, which prohibits returning individuals to their home countries where they face danger.
Thailand’s recent introduction of rules that permit registered Myanmar refugees to work is a policy HRW encourages other ASEAN member states to adopt. This initiative aims to reduce economic vulnerability and exploitation, a step other countries like Malaysia could follow.
As these regional leaders gather in Kuala Lumpur, the dynamics of international law, human rights principles, and regional stability will be tested. The HRW’s call serves as a litmus test for ASEAN’s adherence to the principles of human rights and collective action against threats to peace and stability in the region.