Human Rights Watch (HRW) has issued a strong appeal to Southeast Asian and global leaders scheduled to attend the ASEAN and East Asia Summits in Kuala Lumpur, urging them to decisively reject the forthcoming national elections orchestrated by Myanmar’s military junta. Labeling the December elections a "sham," HRW warns that they will only deepen the ongoing repression and violence in the country.

In an open letter to the governments participating in the summits, HRW has called for a denial of recognition for the junta’s election plans, an increase in the diplomatic isolation of Myanmar’s military rulers, and an escalation in humanitarian and refugee support. This plea comes in response to a displacement crisis described as the most severe in Asia since World War II, with over 3.5 million people displaced and millions facing severe food shortages.

The military, under the leadership of Senior General Min Aung Hlaing since the February 2021 coup, has intensified its assault on pro-democracy movements and ethnic resistance groups, employing airstrikes, artillery shelling, and deliberate attacks on civilians and infrastructure.

HRW's letter highlights the draconian measures surrounding the election, including a law enacted on July 30 that criminalizes any protest or criticism of the election, with penalties as severe as death. This law has already seen individuals facing harsh punishments, such as a man sentenced in September to seven years of hard labor for online criticism of the elections.

Additionally, the letter underscores the potential for international legal action, noting that while Myanmar is not a party to the International Criminal Court (ICC), the court has limited jurisdiction over crimes involving cross-border activities with Bangladesh. This could be expanded if the UN Security Council decides to refer the situation in Myanmar to the ICC.

The organization stresses that ASEAN leaders must adhere to their Charter, which commits to strengthening democracy and protecting human rights, suggesting that continued engagement with the junta could undermine these principles and weaken ASEAN’s credibility as a rules-based regional institution.

HRW also emphasizes the severe humanitarian impact of the crisis, pointing out that over four million Myanmar nationals currently reside in Thailand, with nearly half undocumented, and 180,000 Rohingya refugees in Malaysia facing threats of arrest and deportation. The letter calls for increased aid contributions, restoration of UN funding, and protections against the forced return of refugees, aligning with the principle of non-refoulement, a cornerstone of international refugee law that prohibits returning individuals to places where they face serious threats to their life or freedom.

While ASEAN traditionally upholds a policy of non-interference, HRW argues that the bloc's commitment to human rights provides both a legal and moral basis for collective action against threats to peace and stability, urging a unified stance against the upcoming elections in Myanmar.