ASEAN Leaders Urged to Reject Myanmar's Upcoming Elections as Sham

Strategic Insights -

ASEAN leaders, including Southeast Asian nations and global leaders attending the upcoming ASEAN Summit and East Asia Summit in Kuala Lumpur, have been called upon to take a firm stance against Myanmar's military junta and its plans to hold national elections in December. Human Rights Watch (HRW) describes the process as a sham that would further entrench repression and violence. The organization has urged member states to deny recognition of the junta's planned elections, intensify diplomatic isolation of Myanmar's military rulers, and increase humanitarian and refugee assistance.

Key Takeaways:

  • Over 3.5 million people have been displaced in Myanmar since the military coup in February 2021, with millions more facing acute food insecurity.
  • Widespread airstrikes, artillery shelling, and deliberate targeting of civilians and civilian infrastructure have been documented by HRW.
  • A July 30 election law in Myanmar criminalizes protest or criticism of the polls, with penalties up to death.
  • A man in September was sentenced to seven years of hard labor for posting online criticism of the upcoming elections.
  • HRW has called on ASEAN governments to deny recognition of the junta's planned elections and intensify diplomatic isolation.
  • The organization emphasizes that under customary international humanitarian law and the Rome Statute of the International Criminal Court (ICC), attacks directed at civilians or humanitarian workers may constitute prosecutable offenses.
  • ASEAN leaders are bound by their own charter to strengthen democracy, enhance good governance and the rule of law, and promote and protect human rights and fundamental freedoms.
  • HRW has focused heavily on the humanitarian fallout, including the presence of over four million Myanmar nationals in Thailand and 180,000 Rohingya refugees in Malaysia facing arrest and deportation threats.

Statistics:

  • Over 3.5 million people have been displaced in Myanmar since the military coup in February 2021.
  • Four million Myanmar nationals are currently in Thailand, nearly half of them undocumented.
  • 180,000 Rohingya refugees in Malaysia face arrest and deportation threats.
  • The principle of non-refoulement, codified in Article 33(1) of the 1951 Refugee Convention, prohibits returning individuals to a country where they face persecution, torture, or serious harm.

Sources:

  • Human Rights Watch (HRW) - open letter to governments attending the ASEAN, ASEAN Partners and East Asia summits
  • Article 1(7) of ASEAN's Charter
  • Article 2(2)(e) of ASEAN's Charter
  • ASEAN Human Rights Declaration (2012)
  • UN Charter
  • The 1951 Refugee Convention
  • Rome Statute of the International Criminal Court (ICC)
  • Statements by UN High Commissioner for Human Rights Volker Trk and UN Special Envoy Julie Bishop