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Human Rights Watch (HRW) on Friday called on Southeast Asian and global leaders gathering for the ASEAN Summit and East Asia Summit in Kuala Lumpur later this month to take a firm stand against Myanmar’s military junta and its plan to hold national elections in December, describing the process as a “sham” that would further entrench repression and violence.
In an open letter addressed to governments attending the ASEAN, ASEAN Partners, and East Asia Summits, HRW 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 amid what it described as one of the worst displacement crises in Asia since the Second World War.
Since seizing power in a February 2021 coup, Myanmar’s military, led by Senior General Min Aung Hlaing, has waged a violent campaign to crush pro-democracy forces and ethnic resistance groups. According to HRW, more than 3.5 million people have been displaced, and millions more face acute food insecurity. The organization documented widespread airstrikes, artillery shelling, and the deliberate targeting of civilians and civilian infrastructure.
HRW’s open letter notes that a July 30 election law criminalizes protest or criticism of the polls, with penalties up to death. This comes as a man in September was sentenced to seven years of hard labor for posting online criticism of the upcoming elections.
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. Although Myanmar is not a State Party to the ICC, the court retains limited jurisdiction over 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 to the ICC under Article 13(b) of the Rome Statute.
ASEAN leaders, HRW said, must “categorically reject” any recognition of such elections as legitimate. The group also cited statements by UN High Commissioner for Human Rights Volker Türk and UN Special Envoy Julie Bishop, who warned that elections held under current conditions could escalate violence and further destabilize the country.
Former ASEAN foreign ministers recently issued a joint statement urging a “complete strategic reset” on Myanmar, echoing HRW’s position that the regional bloc’s Five-Point Consensus (5PC), has been ignored by the junta.
Under ASEAN’s own Charter Article 1(7), the organization is bound “to strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms.” Legal scholars argue that continued engagement with the junta without consequences risks undermining those commitments and eroding ASEAN’s credibility as a regional rules-based institution.
HRW’s letter also focused heavily on the humanitarian fallout. Over four million Myanmar nationals are currently in Thailand, nearly half of them undocumented, while 180,000 Rohingya refugees in Malaysia face arrest and deportation threats. HRW 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. The principle of non-refoulement, codified in Article 33(1) of the 1951 Refugee Convention and recognized as customary international law, prohibits returning individuals to a country where they face persecution, torture, or serious harm. HRW urged ASEAN members to affirm this principle and cease maritime “pushbacks” of Rohingya asylum seekers intercepted at sea.
HRW’s letter commended Thailand for introducing new rules granting registered Myanmar refugees the right to work, a policy HRW urged Malaysia and others to replicate to reduce economic vulnerability and exploitation.
While ASEAN traditionally adheres to the principle of non-interference under Article 2(2)(e) of its Charter, HRW emphasizes that the bloc’s commitment to human rights, enshrined in the ASEAN Human Rights Declaration (2012) and the UN Charter, provides a legal and moral foundation for collective action when a member’s conduct constitutes “a threat to peace and stability.”
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In an open letter addressed to governments attending the ASEAN, ASEAN Partners, and East Asia Summits, HRW 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 amid what it described as one of the worst displacement crises in Asia since the Second World War.
Since seizing power in a February 2021 coup, Myanmar’s military, led by Senior General Min Aung Hlaing, has waged a violent campaign to crush pro-democracy forces and ethnic resistance groups. According to HRW, more than 3.5 million people have been displaced, and millions more face acute food insecurity. The organization documented widespread airstrikes, artillery shelling, and the deliberate targeting of civilians and civilian infrastructure.
HRW’s open letter notes that a July 30 election law criminalizes protest or criticism of the polls, with penalties up to death. This comes as a man in September was sentenced to seven years of hard labor for posting online criticism of the upcoming elections.
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. Although Myanmar is not a State Party to the ICC, the court retains limited jurisdiction over 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 to the ICC under Article 13(b) of the Rome Statute.
ASEAN leaders, HRW said, must “categorically reject” any recognition of such elections as legitimate. The group also cited statements by UN High Commissioner for Human Rights Volker Türk and UN Special Envoy Julie Bishop, who warned that elections held under current conditions could escalate violence and further destabilize the country.
Former ASEAN foreign ministers recently issued a joint statement urging a “complete strategic reset” on Myanmar, echoing HRW’s position that the regional bloc’s Five-Point Consensus (5PC), has been ignored by the junta.
Under ASEAN’s own Charter Article 1(7), the organization is bound “to strengthen democracy, enhance good governance and the rule of law, and to promote and protect human rights and fundamental freedoms.” Legal scholars argue that continued engagement with the junta without consequences risks undermining those commitments and eroding ASEAN’s credibility as a regional rules-based institution.
HRW’s letter also focused heavily on the humanitarian fallout. Over four million Myanmar nationals are currently in Thailand, nearly half of them undocumented, while 180,000 Rohingya refugees in Malaysia face arrest and deportation threats. HRW 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. The principle of non-refoulement, codified in Article 33(1) of the 1951 Refugee Convention and recognized as customary international law, prohibits returning individuals to a country where they face persecution, torture, or serious harm. HRW urged ASEAN members to affirm this principle and cease maritime “pushbacks” of Rohingya asylum seekers intercepted at sea.
HRW’s letter commended Thailand for introducing new rules granting registered Myanmar refugees the right to work, a policy HRW urged Malaysia and others to replicate to reduce economic vulnerability and exploitation.
While ASEAN traditionally adheres to the principle of non-interference under Article 2(2)(e) of its Charter, HRW emphasizes that the bloc’s commitment to human rights, enshrined in the ASEAN Human Rights Declaration (2012) and the UN Charter, provides a legal and moral foundation for collective action when a member’s conduct constitutes “a threat to peace and stability.”
The post Rights watchdog urges regional leaders to reject Myanmar “sham elections” at upcoming summit appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.