Findings on the Investigation of Electoral Frauds and Malpractices in 2020 Multi-party Democracy General Election
04th Dec 2024
Introduction
A free and fair election is vital to a Multi-Party Democracy system. Only a free and fair election reflects people’s will and desires. According to the Constitution of the Republic of the Union of Myanmar, a government that exercises the sovereignty of the State, respective Hluttaws, Union Government and Region/State Governments are directly or indirectly elected by the people. Therefore, elections shall be held in free and fair manner in accordance with the Constitution and existing laws of its country.
The 2020 Multi-Party Democracy General Election was held on 8th November, 2020. In this election, there were major errors in the voter lists, electoral frauds and mal-practices. Political parties and Hluttaw candidates held press conferences, requesting the former Union Election Commission (UEC) to resolve the voter list errors and issued press releases regarding the voter list errors.
It was found that the Union Solidarity and Development Party (USDP), National Democratic Force Party, New National Democracy Party, Myanmar People’s Democratic Party, People’s Pioneer Party, National Development Party, Kayin Peoples Party, Shan Nationalities Democratic Party, Myanmar Farmers’ Development Party, Federal Union Party, Chin National League for Democracy Party, Rakhine State National United Party, Public of Labour Party, Danu National Organization Party, Democratic Party of National Politics, 88 Generation Democracy Party, Public Contribute Students Party, People Force Party, Modern People Party, Democratic Party (Myanmar), The Party for People and National Political Alliance Party released the statements separately and 23 parties released the joint statements. [1]
On 18.11.2020, Pyithu Hluttaw candidate representing Pyaw-bwe Township U Thaung Aye held a press conference for the justice of the people because there were malpractices and voter list errors in Multi-party Democracy General Election which was held on 8th November 2020 and made first claim to former UEC. U Thaung Aye, a Pyithu Hluttaw candidate representing Pyaw-bwe Township , one Amyotha Hluttaw candidate and two other candidates representing Regional Hluttaw Constituency No. (1) and (2) held a press conference on 12.11.2020, informing the people that they signed and summited a request to Pyaw-bwe Township election sub-commission asking for permission to verify the voter list. Moreover, on 26.11.2020, the leaders of Union Solidarity and Development Party, Democracy Party of National Politics, National Political Alliance Party, New National Democracy Party and some other parties , which contested in previous election, held a press conference on 2020 Multi-Party Democracy General Election in front of Ambassadors, local and foreign news media with evidence of frauds and malpractices. [2]
According to the findings of scrutiny by Tatmadaw on voters list issued by former UEC and used in November 8th 2020 Multi-Party Democracy General Election, there were 2,946,532 duplicated voters within same township in total of 315 townships, 1,070,100 duplicated voters based on the cross-check between townships within same State/Region, 1,786,302 duplicated voters based on cross-check between states and regions, 4,648,270 persons without citizenship scrutiny cards, 11,943 persons under the age of 18, 18,356 persons over the age of 100, 613 persons by other means, and the total number is 10,482,116. There were 30 announcements in total between 23.12.2020 and 28.1.2021, and also there were 2 statements before the election and 4 statements after the election, 6 in total. Tatmadaw issued the statement that they have shared the findings transparently with proper documentation to the local and international media at the press conferences. [3] [4]
According to the statement issued by the former UEC, there were about 38 million eligible voters but it was found that approximately 10.4 million voters are potentially fraudulent and so it is more than a quarter of eligible voters. It can be seen that it is not a normal error or ordinary dispute. According to the announcement of office of the Commander-in-Chief of Defence Services on 1.2.2021, there were total of 124 demonstrations in 99 townships from 10.11.2020 and 29.1.2021 against the actions by former UEC. [5]
As first step, political parties and the Tatmadaw issued announcements, asking UEC to resolve the voter list errors in accordance with the laws and rules but UEC rejected these requests. Secondly, in accordance with Section 84 of the Constitution and Section 17 of the Pyidaungsu Hluttaw Law, 36 Hluttaw representatives from Union Solidarity and Development Party, 4 from Rakhine National Party, 1 from National Democracy Party,2 individual representatives and 160 military Hluttaw representatives, 203 members of Pyidaungsu Hluttaw in total summited the request to call Pyidaungsu Hluttaw special session to resolve the issues through Pyidaungsu Hluttaw but the Hluttaw rejected that lawful request. Thirdly, it was requested again to address these issues by either government or Pyidaungsu Hluttaw or UEC. After all these efforts were rejected, it was asked twice in accordance with the Laws to convene National Defence and Security Council meeting which is led by the President and has civil and military representation. Although political parties and the Tatmadaw took these steps in accordance with the law, the former President, former Union Government, Pyidaungsu Hluttaw and former UEC did not take any actions to resolve the issues. [6]
In accordance with Section 4 of the 2008 Constitution “The Sovereign power of the Union is derived from the citizens and is in force in the entire country ”, Section 6(d) and 7 “flourishing of a genuine, disciplined multi-party Democracy system”, Section 6 (f) “enabling the Defence Services to be able to participate in the National political leadership role of the State” , as Tatmadaw is responsible to uphold 2008 Constitution, the former UEC was asked to address voter list issues in order to hold free and fair elections so that the election results would be accepted without doubt but UEC refused to take actions. Without taking any actions on voter list and other electoral issues in 2020 Multi-party Democracy General Election, the attempts to call the respective Hluttaw sessions and to form the government is “Forcible seizure of State Power” as stated in Section 40 (c) and Section 417 of the 2008 Constitution.
Since there would be no way to democracy if these problems were not resolved, it is necessary to resolve the issue in accordance with the law and U Myint Swe, the acting President of the Republic of the Union of Myanmar, called a “National Defence and Security Council” meeting and announced the state emergency in accordance with Section 417 of the 2008 Constitution. Then, in accordance with Section 418 (a) of the Constitution, the legislative, the executive and the judicial powers were transferred to the Commander in Chief of Defence Services. [7]
The Commander-in-Chief of Defence Services formed the State Administration Council and laid down the following five action plans-
| (a) | The Union Election Commission will be reconstituted and its mandated tasks, including the scrutiny of voter lists, shall be implemented in accordance with the law. |
| (b) | Effective measures will be taken with added momentum to prevent and manage the COVID-19 pandemic. |
| (c) | Actions will be taken to ensure the speedy recovery of businesses from the impact of COVID-19. |
| (d) | Emphasis will be placed on achieving enduring peace for the entire nation in line with the agreements set out in the Nationwide Ceasefire Agreement. |
| (e) | Upon accomplishing the provisions of the state of emergency, free and fair multiparty Democracy elections will be held in line with the 2008 Constitution, and further work will be undertaken to hand over State duties to the winning party in accordance with Democracy standards. |
The State Administration Council assigned the newly-formed UEC to implement the action plan (a) and (e) from the Five-Point Roadmap by order No. (7/2021) in accordance with Section 419 of the 2008 Constitution on 2nd February 2021. [8]
According to the first plan of Five-Point Roadmap of State Administration Council, the current UEC conducted the inspections of ballot papers, investigations of voter list and interviews to find out the electoral frauds and malpractices in 315 townships where the elections were held. As the inspection and investigation were completed, the electoral frauds and malpractices are compiled and presented.
https://2020election.uec.gov.mm
