HobSons Choice Burmas 2010 Election BNI

8/7/2019 HobSons Choice Burmas 2010 Election BNI

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Hobsons Choice : Burmas 2010 Elections

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Burma News International (BNI)Burma News International (BNI)P.O Box (76),P.O Box (76),Chiang Mai University Post OfficeChiang Mai University Post OfficeChiang Mai 50202, ThailandChiang Mai 50202, ThailandTelephone : (66) 84 722 5988Telephone : (66) 84 722 5988Email : [email protected] : [email protected] : http://www.bnionline.netWebsite : http://www.bnionline.net

Burma News InternationalBurma News International

Min Ga Yu NarMin Ga Yu Narwww.mingayunar.blogspot.comwww.mingayunar.blogspot.com

BNI Member OrganizationsBNI Member Organizations

Min Ga Yu NarMin Ga Yu Nar

978-974-496-672-8978-974-496-672-8

Chiang Mai, ThailandChiang Mai, Thailand

February 2011February 2011

Burma News InternationalBurma News International

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Hobsons Choice : Burmas 2010 Elections by BNI

AcknowledgementsAcknowledgementsBurma News International (BNI) is pleased to present Hobsons Choice:Burma News International (BNI) is pleased to present Hobsons Choice:

Burmas 2010 Elections, which is a compilation of election newsincluding newsBurmas 2010 Elections, which is a compilation of election newsincluding newsarticles, features, photos, and media releasesfrom BNI member organizations. Thisarticles, features, photos, and media releasesfrom BNI member organizations. Thisreport is a synthesis of accounts and reports by BNI member organizations andreport is a synthesis of accounts and reports by BNI member organizations andtheir stringers, who risked their lives to be deployed throughout Burma. It is basedtheir stringers, who risked their lives to be deployed throughout Burma. It is basedon interviews, research, and observations of the conditions that prevailed before,on interviews, research, and observations of the conditions that prevailed before,during, and just after the 2010 election period.during, and just after the 2010 election period.

BNI wishes to express its profound gratitude to BNI staff members for theirBNI wishes to express its profound gratitude to BNI staff members for theirkind efforts in writing and editing this report, and also to thank BNI members forkind efforts in writing and editing this report, and also to thank BNI members fortheir moral support and the resources made available to the BNI election team.their moral support and the resources made available to the BNI election team.

BNI also wishes to express its heartfelt thanks to the Open Society InstituteBNI also wishes to express its heartfelt thanks to the Open Society Institute(OSI) for its unwavering support towards BNIs efforts to support the democratization(OSI) for its unwavering support towards BNIs efforts to support the democratizationprocess during Burmas 2010 election. Additionally, we wish to extend our thanksprocess during Burmas 2010 election. Additionally, we wish to extend our thanksto all the donors who assisted us in this project, and who continue to support theto all the donors who assisted us in this project, and who continue to support themonitoring activities of BNI. Our funding partners have played a significant role inmonitoring activities of BNI. Our funding partners have played a significant role inenhancing our capacity to make sustainable and effective interventions through theirenhancing our capacity to make sustainable and effective interventions through theirsupport of our communication structure, meeting costs, and training costs, as wellsupport of our communication structure, meeting costs, and training costs, as wellas the costs of executing the election monitoring project.as the costs of executing the election monitoring project.

BNI would like to extend its appreciation to the Burma Relief Center (BRC),BNI would like to extend its appreciation to the Burma Relief Center (BRC),Internews-Thailand, and SEAPA for their support that allows BNI and its membersInternews-Thailand, and SEAPA for their support that allows BNI and its membersto collect information and make reports and observations regarding the electoralto collect information and make reports and observations regarding the electoralprocesses in Burma. BNI is very grateful for the positive working relations it enjoysprocesses in Burma. BNI is very grateful for the positive working relations it enjoyswith media and human rights organizations with whom we share useful informationwith media and human rights organizations with whom we share useful informationand case studies on the electoral process.and case studies on the electoral process.

Finally, we wish to thank ANFREL, all of the media organizations, politicalFinally, we wish to thank ANFREL, all of the media organizations, politicalparties, groups, Burmese organizations, both internal and in-exile, foreignparties, groups, Burmese organizations, both internal and in-exile, foreignorganizations, and individuals who have assisted us by contributing their services,organizations, and individuals who have assisted us by contributing their services,time, energy, and resources to assist with our monitoring exercises.time, energy, and resources to assist with our monitoring exercises.


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Table of ContentsTable of ContentsList of Acronyms .................................................................................. 1

Executive Summary ............................................................................. 3

Methodology ....................................................................................... 8

Composing Structure .................................................................... 8

Historical Overview ............................................................................. 10

Electoral Framework ............................................................................. 13

Election Administration ......................................................................... 23

Union Election Commission ............................................................ 23

Political Parties............................................................................. 26

Contesting Political Parties in States and Regions .............................. 33

Individual Candidates ................................................................... 36

Population, Eligible voters and voter turnout, Voting Procedure ........... 37

Voter Education and Campaign ....................................................... 40

Campaign ................................................................................... 47

Campaign Goal: ........................................................................... 49

Post-Election ....................................................................................... 50

The Winning Election Party and its candidates .................................. 50

National Parliament Elected Candidates ........................................... 51

List of National Parliament ............................................................ 52

People Parliament Elected Candidates ............................................. 57List of Peoples Parliament ............................................................. 58

Regional and State Parliament Elected Candidate List ........................ 68

List of Region and State Parliament ................................................ 69

Head of Parliament (Chairman/ President, Chief of Assembly/

Speaker, Assistant Chief / Deputy Speaker) .......................................... 95

National Security Council of Union of Myanmar ................................. 97

The List of Prime Ministers on Region and State Parliaments .............. 97

House Speaker and Deputy house speaker of State and Region .......... 98The List of Representatives in each Parliament ................................. 100

Complaints and Judicial Process ............................................................. 101

Notable Complaint letters regarding to the Burmas 2010 Election ....... 106

Media Environment .............................................................................. 108

Election/Parliament Timeline ......................................................... 110

Restrictions ................................................................................. 115

Observations ...................................................................................... 119

Conclusion .......................................................................................... 121References .......................................................................................... 123

Appendix ............................................................................................ 127


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List of Acronyms

88 GSYUM 88 Generation Student Youths (Union of Myanmar)88 GSYUM 88 Generation Student Youths (Union of Myanmar)AMDP All Mon Region Democracy PartyAMDP All Mon Region Democracy PartyANFREL Asian Network for Free ElectionsANFREL Asian Network for Free ElectionsASEAN Association of South East Asian NationsASEAN Association of South East Asian NationsBGF Border Guard ForceBGF Border Guard ForceC-in-C Commander in ChiefC-in-C Commander in ChiefCFG Cease Fired GroupsCFG Cease Fired GroupsCNP Chin National PartyCNP Chin National PartyCPP Chin Progressive PartyCPP Chin Progressive PartyDKBA Democratic Karen Buddhist ArmyDKBA Democratic Karen Buddhist ArmyDP Democratic Party (Myanmar)DP Democratic Party (Myanmar)DPP Democracy and Peace PartyDPP Democracy and Peace PartyENDP Ethnic National Development PartyENDP Ethnic National Development PartyEU European UnionEU European UnionBNHR Burma Network for Human RightsBNHR Burma Network for Human RightsHRDP Human Rights Defenders and PromotersHRDP Human Rights Defenders and PromotersHRW Human Rights WatchHRW Human Rights WatchINDP Inn National Development PartyINDP Inn National Development PartyKDUP Kokang Democracy and Unity PartyKDUP Kokang Democracy and Unity PartyKIA Kachin Independence ArmyKIA Kachin Independence ArmyKIO Kachin Independence OrganizationKIO Kachin Independence OrganizationKNP Kayan National PartyKNP Kayan National PartyKNDP Khami National Development PartyKNDP Khami National Development PartyKNLA Karen National Liberation ArmyKNLA Karen National Liberation ArmyKNPP Kaman National Progressive PartyKNPP Kaman National Progressive PartyKNU Karen National UnionKNU Karen National UnionKPP Kayin Peoples PartyKPP Kayin Peoples PartyKDDP Kayin State Democracy and Development PartyKDDP Kayin State Democracy and Development PartyLNDP Lahu National Development PartyLNDP Lahu National Development PartyMAS Military Affairs SecurityMAS Military Affairs SecurityMI Military IntelligenceMI Military IntelligenceMKNSO Mro or Khami National Solidarity OrganizationMKNSO Mro or Khami National Solidarity OrganizationND-Burma Network for Human Rights Documentation - BurmaND-Burma Network for Human Rights Documentation - BurmaNDF National Democratic ForceNDF National Democratic Force


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NDPD National Democratic Party for DevelopmentNDPD National Democratic Party for DevelopmentNDPP National Development and Peace PartyNDPP National Development and Peace PartyNDSC National Defence and Security CouncilNDSC National Defence and Security CouncilNEPP New Era Peoples PartyNEPP New Era Peoples PartyNLD National League for DemocracyNLD National League for DemocracyNPAL National Political Alliances LeagueNPAL National Political Alliances LeagueNUP National Unity PartyNUP National Unity PartyPDP Peace and Diversity PartyPDP Peace and Diversity PartyPNO Pa-O National OrganizationPNO Pa-O National OrganizationPSDP Phalon-Sawaw Democratic PartyPSDP Phalon-Sawaw Democratic PartySLORC State Law and Order Restoration CouncilSLORC State Law and Order Restoration CouncilSPDC State Peace and Development CouncilSPDC State Peace and Development CouncilSSA Shan State ArmySSA Shan State ArmyUN United NationsUN United NationsUDPKS Unity and Democracy Party (Kachin State)UDPKS Unity and Democracy Party (Kachin State)UDP United Democratic PartyUDP United Democratic PartyUDP Union Democracy PartyUDP Union Democracy PartyUEC Union of Election CommissionUEC Union of Election CommissionUNSC United Nations Security CouncilUNSC United Nations Security CouncilUSDA Union Solidarity and Development AssociationUSDA Union Solidarity and Development AssociationUSDP Union Solidarity and Development PartyUSDP Union Solidarity and Development PartyUWSA United Wa State ArmyUWSA United Wa State ArmyRNDP Rakhine Nationalities Development PartyRNDP Rakhine Nationalities Development PartyRSNFM Rakhine State National Force of MyanmarRSNFM Rakhine State National Force of MyanmarSNDP Shan Nationalities Democratic PartySNDP Shan Nationalities Democratic PartyTNP Ta ang (Palaung) National PartyTNP Ta ang (Palaung) National PartyUMFNP Union of Myanmar Federation of National PoliticsUMFNP Union of Myanmar Federation of National PoliticsWNLD Wunthanu NLD (Union of Myanmar)WNLD Wunthanu NLD (Union of Myanmar)WaDP Wa Democratic PartyWaDP Wa Democratic PartyWNUP Wa National Unity PartyWNUP Wa National Unity Party


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Executive Summary

The SPDC presented its Seven-Step Roadmap to Democracy (the RoadmapThe SPDC presented its Seven-Step Roadmap to Democracy (the RoadmapProcess) in 2003. The first four steps related to the development of a new constitution,Process) in 2003. The first four steps related to the development of a new constitution,which was drafted with virtually no public participation, then adopted and approvedwhich was drafted with virtually no public participation, then adopted and approvedin a referendum orchestrated by the regime. The Burmese government announcedin a referendum orchestrated by the regime. The Burmese government announcedthat public support for the new constitution was 92.48 percent. The 2010 electionsthat public support for the new constitution was 92.48 percent. The 2010 electionsare an integral part of the final steps of the Roadmap Process, and are viewed asare an integral part of the final steps of the Roadmap Process, and are viewed asimportant initiatives towards lifting Burma out of its desperate economic and socialimportant initiatives towards lifting Burma out of its desperate economic and socialcircumstances.circumstances.

The regime declared its election laws on March 8, 2010. The electoralThe regime declared its election laws on March 8, 2010. The electoraladministration was appointed unilaterally by the regime on March 11, 2010, and soonadministration was appointed unilaterally by the regime on March 11, 2010, and soonshowed itself to heavily favor the regime and its allies. The Union Election Commissionshowed itself to heavily favor the regime and its allies. The Union Election Commission(UEC) lacked independence; the SPDC directly appointed its members with no public(UEC) lacked independence; the SPDC directly appointed its members with no publicinput. Political parties had to register with the Union Election Commission and requestinput. Political parties had to register with the Union Election Commission and requestpermission to run. The election laws were developed by the military governmentpermission to run. The election laws were developed by the military governmentand effectively prohibited longstanding opponents of the regime from contesting theand effectively prohibited longstanding opponents of the regime from contesting theelections. One of the laws, on political party registration, resulted in the silencingelections. One of the laws, on political party registration, resulted in the silencingof many of the most prominent opposition voices. It required all political parties toof many of the most prominent opposition voices. It required all political parties toregister or reregister in order to remain in existence and compete in the elections. Butregister or reregister in order to remain in existence and compete in the elections. Butparties could do so only if none of their members were currently imprisoned basedparties could do so only if none of their members were currently imprisoned basedon a court conviction. This requirement presented parties with a choice of eitheron a court conviction. This requirement presented parties with a choice of eitherexpelling prominent imprisoned members, or declining to reregister. Many countriesexpelling prominent imprisoned members, or declining to reregister. Many countriesdemanded the release of Burmas democratic icon, and Nobel Laureate, Daw Aungdemanded the release of Burmas democratic icon, and Nobel Laureate, Daw AungSan Suu Kyi, and her full participation in the election. However, the National LeagueSan Suu Kyi, and her full participation in the election. However, the National Leaguefor Democracy soon announced it would boycott the election rather than banish itsfor Democracy soon announced it would boycott the election rather than banish itsleader. The UEC failed to step in to ensure a level political playing field, and the useleader. The UEC failed to step in to ensure a level political playing field, and the useof government resources for political purposes was common.of government resources for political purposes was common.

Eventually, 47 political parties attempted to register. The UEC initiallyEventually, 47 political parties attempted to register. The UEC initiallyapproved 42 to contest the elections. However, the commission then dissolvedapproved 42 to contest the elections. However, the commission then dissolvedfive of the parties, leaving 37 approved parties and over 80 individual candidates.five of the parties, leaving 37 approved parties and over 80 individual candidates.Nationwide, there were over 35,000 polling stations.Nationwide, there were over 35,000 polling stations.


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The largest party, the Union Solidarity and Development Party (USDP), grewThe largest party, the Union Solidarity and Development Party (USDP), grewout of the Union Solidarity and Development Association (USDA), a regime-createdout of the Union Solidarity and Development Association (USDA), a regime-createdand -run organization that has received substantial government support since 1993.and -run organization that has received substantial government support since 1993.The USDP registration application listed 27 ex-military officers among its members,The USDP registration application listed 27 ex-military officers among its members,along with the sitting prime minister and other government ministers. The electionalong with the sitting prime minister and other government ministers. The electionlaws prohibited civil servants from being members of political parties, but the electionlaws prohibited civil servants from being members of political parties, but the electionadministrators declared that ministers were not civil servants, a decision that wasadministrators declared that ministers were not civil servants, a decision that wasclearly meant to favor the USDP.clearly meant to favor the USDP.

Many political parties met the requirement to submit party membership listsMany political parties met the requirement to submit party membership listsand name their candidates before the deadlines. However, other parties said theyand name their candidates before the deadlines. However, other parties said theywere struggling to raise funds and meet the necessary requirements in the short timewere struggling to raise funds and meet the necessary requirements in the short timeremaining before the election. By election day, 23 parties remained to participate inremaining before the election. By election day, 23 parties remained to participate inthe elections.the elections.

Many ethnic politicians saw this election as a rare opportunity to campaignMany ethnic politicians saw this election as a rare opportunity to campaignfor ethnic rights and democracy. Therefore, they formed new parties to run in thefor ethnic rights and democracy. Therefore, they formed new parties to run in theelections. Some ethnic armed groups agreed to be transformed into members of theelections. Some ethnic armed groups agreed to be transformed into members of thejunta-controlled Border Guard Force (BGF).junta-controlled Border Guard Force (BGF).

The Censorship Board (The Press Scrutiny and Registration Board, or PSRB)The Censorship Board (The Press Scrutiny and Registration Board, or PSRB)issued a directive prohibiting all weekly publications in the country from publishingissued a directive prohibiting all weekly publications in the country from publishingany commentary or analysis on the electoral laws. Also, the approved political partiesany commentary or analysis on the electoral laws. Also, the approved political partiesneeded to apply for permission from the PSRB within 90 days after registering withneeded to apply for permission from the PSRB within 90 days after registering withthe UEC for permission to print their own campaign materials. Each party had also tothe UEC for permission to print their own campaign materials. Each party had also todeposit 500,000 Kyats (USD 500) with the PSRB.deposit 500,000 Kyats (USD 500) with the PSRB.

The UEC announced nine restrictions for campaign speeches, while alsoThe UEC announced nine restrictions for campaign speeches, while alsolimiting each party to 15 minutes of media airtime each. Media organizations andlimiting each party to 15 minutes of media airtime each. Media organizations andpolitical parties faced numerous obstacles, such as only having 15 minutes of airtimepolitical parties faced numerous obstacles, such as only having 15 minutes of airtimefor the entire campaign, restrictions, communications and internet slowdowns,for the entire campaign, restrictions, communications and internet slowdowns,threats of punishment, and cyber-attacks.threats of punishment, and cyber-attacks.

U Thein Soe, the commission chairman, declared, The country does notU Thein Soe, the commission chairman, declared, The country does notneed any foreign journalists or observers. Only 25 journalists working for theneed any foreign journalists or observers. Only 25 journalists working for theforeign media, along with two Chinese correspondents, were allowed to cover theforeign media, along with two Chinese correspondents, were allowed to cover thepolls.polls.


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While these elections clearly fell short of international standards, theyWhile these elections clearly fell short of international standards, theymarked an important step forward towards a more democratic state. Political parties,marked an important step forward towards a more democratic state. Political parties,candidates, and voters were well aware that the playing field for these elections werecandidates, and voters were well aware that the playing field for these elections werenot level, but many decided to take advantage of the small window of political spacenot level, but many decided to take advantage of the small window of political spacethat was opened.that was opened.

It is important to acknowledge that while the campaign environment wasIt is important to acknowledge that while the campaign environment washighly constrained and many irregularities were observed on election day andhighly constrained and many irregularities were observed on election day andadvance voting was especially open to abuse this does not necessarily fatallyadvance voting was especially open to abuse this does not necessarily fatallyundermine all of the results of this election. The Union Solidarity and Developmentundermine all of the results of this election. The Union Solidarity and DevelopmentParty (USDP) enjoyed access to state resources and attempted to coerce voters intoParty (USDP) enjoyed access to state resources and attempted to coerce voters intosupporting the party. This had an effect on some voters, particularly those in moresupporting the party. This had an effect on some voters, particularly those in morerural areas and some state employees who did not feel that they could exercise theirrural areas and some state employees who did not feel that they could exercise theirvote freely. But the majority of the Burmese people resisted such pressure and votedvote freely. But the majority of the Burmese people resisted such pressure and votedfor the party of their choice. Unilaterally dismissing the results of these electionsfor the party of their choice. Unilaterally dismissing the results of these electionsunderestimates the potential that the elections hold.underestimates the potential that the elections hold.

Twenty-three out of 37 approved parties successfully contested the elections.Twenty-three out of 37 approved parties successfully contested the elections.The USDP won 129 out of 168 seats in the National Parliament, 259 out of 325The USDP won 129 out of 168 seats in the National Parliament, 259 out of 325seats in the Peoples Parliament, and 494 out of 661 seats in Regional and Stateseats in the Peoples Parliament, and 494 out of 661 seats in Regional and StateParliaments. For the final results of Burmas 2010 elections, the regime-backedParliaments. For the final results of Burmas 2010 elections, the regime-backedUnion Solidarity and Development Party (USDP) won approximately 76.48 percent ofUnion Solidarity and Development Party (USDP) won approximately 76.48 percent ofthe seats in the National Parliament (Amyotha Hluttaw) and the Peoples Parliamentthe seats in the National Parliament (Amyotha Hluttaw) and the Peoples Parliament(Pyithu Hluttaw).(Pyithu Hluttaw).

Following the regimes Seven-Step Roadmap and the SPDC-writtenFollowing the regimes Seven-Step Roadmap and the SPDC-writtenconstitution, the new parliaments were convened on January 31, 2011. The USDPconstitution, the new parliaments were convened on January 31, 2011. The USDPtook all important positions, including president, vice president, all parliamenttook all important positions, including president, vice president, all parliamentspeakers. All of the earning and spending cabinets are held by former members ofspeakers. All of the earning and spending cabinets are held by former members ofthe USDP and the military.the USDP and the military.

The Union Parliament (Pyidaungsu Hluttaw) consists of 659 representatives.The Union Parliament (Pyidaungsu Hluttaw) consists of 659 representatives.

The number of USDP representatives in the Union Parliament totals 388,The number of USDP representatives in the Union Parliament totals 388,with an additional 166 military appointees. Non-USDP parties contribute 105with an additional 166 military appointees. Non-USDP parties contribute 105representatives.representatives.


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There are 435 representatives in the Peoples Parliament (Pyithu Hluttaw).There are 435 representatives in the Peoples Parliament (Pyithu Hluttaw).The USDP contributes 259 representatives. There are 110 military appointees and 66The USDP contributes 259 representatives. There are 110 military appointees and 66representatives from other parties.representatives from other parties.

The National Parliament (Amyotha Hluttaw) has 224 representatives, withThe National Parliament (Amyotha Hluttaw) has 224 representatives, with129 belonging to the USDP, and 56 of them military appointees. Opposition parties129 belonging to the USDP, and 56 of them military appointees. Opposition partiesprovide 39 representatives.provide 39 representatives.

There are 883 representatives in regional and state parliaments. USDP hasThere are 883 representatives in regional and state parliaments. USDP has494 representatives, while military appointees total 222. All other parties contribute494 representatives, while military appointees total 222. All other parties contribute167 representatives to these parliaments.167 representatives to these parliaments.

During the election period, it became increasingly clear that the use ofDuring the election period, it became increasingly clear that the use ofadvance votes obtained through coerced voting or outright fraud was a major problem.advance votes obtained through coerced voting or outright fraud was a major problem.These advance votes were often taken before the official advance voting period ofThese advance votes were often taken before the official advance voting period ofNovember 56. This advance voting seems to be part of a systematic operationNovember 56. This advance voting seems to be part of a systematic operationto give the USDP an insurmountable lead before Election Day. These ballots wereto give the USDP an insurmountable lead before Election Day. These ballots weregenerally collected in every manner possible, often relying on proxy voting, ghostgenerally collected in every manner possible, often relying on proxy voting, ghostvoting, or coerced voting using threats and intimidation. Allegations of fraud andvoting, or coerced voting using threats and intimidation. Allegations of fraud andcounting/advance voting irregularities were common. These should be reported tocounting/advance voting irregularities were common. These should be reported tothe UEC, who should be responsive and pro-active in investigating and prosecuting.the UEC, who should be responsive and pro-active in investigating and prosecuting.

During the vote-counting period, many of these advanced ballots were addedDuring the vote-counting period, many of these advanced ballots were addedto the count with Election Days relatively cleaner ballots to push USDP candidatesto the count with Election Days relatively cleaner ballots to push USDP candidatespast the finish line. No accounting was released of the vote totals from each kindpast the finish line. No accounting was released of the vote totals from each kindof vote, or the number of spoiled, invalid, or unused ballots. The opacity of theof vote, or the number of spoiled, invalid, or unused ballots. The opacity of thevote counting process created, and rightly so, a great deal of distrust and suspicionvote counting process created, and rightly so, a great deal of distrust and suspicionamong election stakeholders. From the international community, only China gaveamong election stakeholders. From the international community, only China gaveits unqualified support for the election process and the juntas agenda to solidify itsits unqualified support for the election process and the juntas agenda to solidify itscontrol of the country through implementation of the 2008 constitution.control of the country through implementation of the 2008 constitution.

The UN Human Rights Committee has made clear that to conduct genuineThe UN Human Rights Committee has made clear that to conduct genuineelections there should be an independent electoral authority to manage electionselections there should be an independent electoral authority to manage electionsfairly and impartially, and independent scrutiny of the election process must befairly and impartially, and independent scrutiny of the election process must beallowed. Neither citizens nor parties had the freedom to debate or scrutinize theallowed. Neither citizens nor parties had the freedom to debate or scrutinize theelections in Burma as openly as is required. Indeed, the 2010 electoral process inelections in Burma as openly as is required. Indeed, the 2010 electoral process in


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Burma failed to meet even the most basic international standards:Burma failed to meet even the most basic international standards:

Government based on the will of the people Government based on the will of the people Basic human rights Basic human rights Freedom to stand for election Freedom to stand for election Impartial election administration Impartial election administration

To conclude, whether the election was free and fair or not, it was a certainty.To conclude, whether the election was free and fair or not, it was a certainty.However, many Burmese voters and world citizens continue to be deprived ofHowever, many Burmese voters and world citizens continue to be deprived ofaccurate information about the process. Therefore, BNI would like to help fill the gapaccurate information about the process. Therefore, BNI would like to help fill the gapwith concrete information and help Burmese citizens, especially those inside Burma,with concrete information and help Burmese citizens, especially those inside Burma,tell the world about their expectations and experiences during the election processtell the world about their expectations and experiences during the election processand the vote itself.and the vote itself.


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Methodology

The data informing this report is collected between June 2010 and the secondThe data informing this report is collected between June 2010 and the secondweek of February, 2011.week of February, 2011.

The research team conducted several interviews, with senior reporters andThe research team conducted several interviews, with senior reporters andchief editors from eleven Burmese media groups, including the Independent Monchief editors from eleven Burmese media groups, including the Independent MonNews Agency (IMNA), Kachin News Group (KNG), Kaladan Press, KantarawaddyNews Agency (IMNA), Kachin News Group (KNG), Kaladan Press, KantarawaddyTimes, Kaowao News, Karen Information Center (KIC), Khonumthung News, MizzimaTimes, Kaowao News, Karen Information Center (KIC), Khonumthung News, MizzimaNews, Narinjara News, Network Media Group (NMG), and the Shan Herald Agency forNews, Narinjara News, Network Media Group (NMG), and the Shan Herald Agency forNews (S.H.A.N).News (S.H.A.N).

The research team also spoke directly with several citizen journalists insideThe research team also spoke directly with several citizen journalists insideBurma, correspondents, staff from local NGOs and CBOs, politicians and ordinaryBurma, correspondents, staff from local NGOs and CBOs, politicians and ordinarypeople inside Burma. The team collected information from both English and Burmesepeople inside Burma. The team collected information from both English and Burmesewebsites, and newspapers from inside and outside Burma, as well as from Burmesewebsites, and newspapers from inside and outside Burma, as well as from Burmeseregime websites.regime websites.

This report uses the qualitative research method. The common languageThis report uses the qualitative research method. The common languagefor the research team was Burmese, because interviewers and interviewees spokefor the research team was Burmese, because interviewers and interviewees spokeBurmese fluently rather than English. The research was then translated to English.Burmese fluently rather than English. The research was then translated to English.

Composing Structure

In this report, we present a general overview of the election, electoralIn this report, we present a general overview of the election, electoralframework, election administration, the UEC, how many political parties are eligibleframework, election administration, the UEC, how many political parties are eligibleto run, population statistics and eligible voters, political parties contesting in eachto run, population statistics and eligible voters, political parties contesting in eachstate and regions, influential candidates, problems faced by some parties.state and regions, influential candidates, problems faced by some parties.

We also present election results, winning party list, numbers of MP, nominationWe also present election results, winning party list, numbers of MP, nominationof defence service personals, complaints and judicial, and media environment.of defence service personals, complaints and judicial, and media environment.

Finally, we conclude with observations on challenges.Finally, we conclude with observations on challenges.


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Historical Overview

Soon after Burma gained independence in 1948, civil war broke out.Soon after Burma gained independence in 1948, civil war broke out.Throughout the countrys modern history, ethnic conflict in its border areas has beenThroughout the countrys modern history, ethnic conflict in its border areas has beena significant issue. Border clashes between the regime and ethnic armed groups,a significant issue. Border clashes between the regime and ethnic armed groups,and continued repression of ethnic groups, has led to significant instability. Majorand continued repression of ethnic groups, has led to significant instability. Majorconflicts in Burma have not been solved by political means, while repression andconflicts in Burma have not been solved by political means, while repression andmismanagement by the ruling authorities have led to uncountable human rightsmismanagement by the ruling authorities have led to uncountable human rightsviolations. Trust has not been forthcoming among the ethnic nationalities, andviolations. Trust has not been forthcoming among the ethnic nationalities, andnational reconciliation is still just a dream. There are historical records of peace talksnational reconciliation is still just a dream. There are historical records of peace talksbetween successive ruling regimes and the opposition to solve national problems,between successive ruling regimes and the opposition to solve national problems,but internal peace is still elusive in the present.but internal peace is still elusive in the present.

Parliamentary elections were held in 1956. Voter turnout was measured atParliamentary elections were held in 1956. Voter turnout was measured at51.97 percent. After that, military coups in 1958 and 1962 abolished Burmas 194751.97 percent. After that, military coups in 1958 and 1962 abolished Burmas 1947constitution. Increasing dissatisfaction and conflicts between the Burmese Socialistconstitution. Increasing dissatisfaction and conflicts between the Burmese SocialistProgramme Party (BSPP), which ruled the country with a one-party system fromProgramme Party (BSPP), which ruled the country with a one-party system from1974 to 1988, and the general public affected all sectors of society, including the1974 to 1988, and the general public affected all sectors of society, including theethnic nationalities. The 1988 general uprising brought an end to Socialist one-partyethnic nationalities. The 1988 general uprising brought an end to Socialist one-partyrule, but the military soon after seized state power and established the State Lawrule, but the military soon after seized state power and established the State Lawand Order Restoration Council (SLORC) on September 18, 1988.and Order Restoration Council (SLORC) on September 18, 1988.

1993

1996

2004

2008

2010

2011

? Step Vll

Step Vl

Step V

Step lV

Step lll

Step ll

Step lStep l : To Resume NC

Step ll: To implement step by step the request task

Step lll: To draw up a draft constitution

Step lV : To hold National Referendum

Step V: To hold free and fair election

Step Vl : To convene meeting for Parliament

Step Vll: Transfer power to new government

DisciplinedDemocracy

1988Military Coup

SevenStepsRoadmap


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The National League for Democracy (NLD) won a large majority in the 1990The National League for Democracy (NLD) won a large majority in the 1990

multi-party democratic elections, which saw voter turnout of 73.33 percent. In amulti-party democratic elections, which saw voter turnout of 73.33 percent. In ahoped-for return to civilian rule, the people of Burma voted overwhelmingly for thehoped-for return to civilian rule, the people of Burma voted overwhelmingly for theNational League for Democracy (NLD), the political party headed by Aung San SuuNational League for Democracy (NLD), the political party headed by Aung San SuuKyi, as well as pro-democracy parties of the ethnic nationalities. But the SLORCKyi, as well as pro-democracy parties of the ethnic nationalities. But the SLORCrefused to allow the NLD to take office and never recognized the results of therefused to allow the NLD to take office and never recognized the results of theelection.election.

The regime changed its name to the State Peace and Development CouncilThe regime changed its name to the State Peace and Development Council(SPDC) on November 15, 1997, and continued to rule the country. The SPDC presented(SPDC) on November 15, 1997, and continued to rule the country. The SPDC presentedits so-called Seven-Step Roadmap to Democracy (the Roadmap Process) in 2003.its so-called Seven-Step Roadmap to Democracy (the Roadmap Process) in 2003.The first four steps related to the development of a new constitution, which wasThe first four steps related to the development of a new constitution, which wasadopted in 2008. Voter turnout was announced to be 99.07 percent. The constitutionadopted in 2008. Voter turnout was announced to be 99.07 percent. The constitutionwas drafted with virtually no public participation and was approved in a referendumwas drafted with virtually no public participation and was approved in a referendumcarefully orchestrated by the regime. However, the government announced thatcarefully orchestrated by the regime. However, the government announced that92.48 perfect of the public supported the new constitution.92.48 perfect of the public supported the new constitution.

The 2010 elections were the fifth step Roadmap to Democracy. The electionsThe 2010 elections were the fifth step Roadmap to Democracy. The electionswere widely seen as important steps to lift Burma out of its desperate economic andwere widely seen as important steps to lift Burma out of its desperate economic andsocial circumstances.social circumstances.

The regime declared its election laws on March 8, 2010. The electoralThe regime declared its election laws on March 8, 2010. The electoraladministration was appointed unilaterally by the regime on March 11, 2010, andadministration was appointed unilaterally by the regime on March 11, 2010, andsoon showed itself to heavily favor the regime and its allies. The Union Electionsoon showed itself to heavily favor the regime and its allies. The Union ElectionCommission (UEC) lacked independence; the SPDC directly appointed its membersCommission (UEC) lacked independence; the SPDC directly appointed its memberswith no public input. Political parties had to register with the Union Electionwith no public input. Political parties had to register with the Union ElectionCommission and request permission to run. The election laws were developed byCommission and request permission to run. The election laws were developed bythe military government and effectively prohibited longstanding opponents of thethe military government and effectively prohibited longstanding opponents of theregime from contesting the elections. One of the laws, on political party registration,regime from contesting the elections. One of the laws, on political party registration,resulted in the silencing of many of the most prominent opposition voices. It requiredresulted in the silencing of many of the most prominent opposition voices. It requiredall political parties to register or reregister in order to remain in existence andall political parties to register or reregister in order to remain in existence andcompete in the elections. But parties could do so only if none of their memberscompete in the elections. But parties could do so only if none of their memberswere currently imprisoned based on a court conviction. This requirement presentedwere currently imprisoned based on a court conviction. This requirement presentedparties with a choice of either expelling prominent imprisoned members, or decliningparties with a choice of either expelling prominent imprisoned members, or decliningto reregister. Many countries demanded the release of Burmas democratic icon, andto reregister. Many countries demanded the release of Burmas democratic icon, andNobel Laureate, Daw Aung San Suu Kyi, and her full participation in the election.Nobel Laureate, Daw Aung San Suu Kyi, and her full participation in the election.


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However, the National League for Democracy soon announced it would boycott theHowever, the National League for Democracy soon announced it would boycott theelection rather than banish its leader. The UEC failed to step in to ensure a levelelection rather than banish its leader. The UEC failed to step in to ensure a levelpolitical playing field, and the use of government resources for political purposespolitical playing field, and the use of government resources for political purposeswas common.was common.

Eventually, 47 political parties attempted to register. The UEC initiallyEventually, 47 political parties attempted to register. The UEC initiallyapproved 42 to contest the elections. However, the commission then dissolvedapproved 42 to contest the elections. However, the commission then dissolvedfive of the parties, leaving 37 approved parties and over 80 individual candidates.five of the parties, leaving 37 approved parties and over 80 individual candidates.Nationwide, there were over 35,000 polling stations.Nationwide, there were over 35,000 polling stations.

Many political parties met the requirement to submit party membership listsMany political parties met the requirement to submit party membership listsand name their candidates before the deadlines. However, other parties said theyand name their candidates before the deadlines. However, other parties said theywere struggling to raise funds and meet the necessary requirements in the short timewere struggling to raise funds and meet the necessary requirements in the short timeremaining before the election. By election day, 23 parties remained to participate inremaining before the election. By election day, 23 parties remained to participate inthe elections.the elections.

Many ethnic politicians saw this election as a rare opportunity to campaignMany ethnic politicians saw this election as a rare opportunity to campaignfor ethnic rights and democracy. Therefore, they formed new parties to run in thefor ethnic rights and democracy. Therefore, they formed new parties to run in theelections. Some ethnic armed groups agreed to be transformed into members of theelections. Some ethnic armed groups agreed to be transformed into members of thejunta-controlled Border Guard Force (BGF).junta-controlled Border Guard Force (BGF).

The Censorship Board (The Press Scrutiny and Registration Board, or PSRB)The Censorship Board (The Press Scrutiny and Registration Board, or PSRB)issued a directive prohibiting all weekly publications in the country from publishingissued a directive prohibiting all weekly publications in the country from publishingany commentary or analysis on the electoral laws. Also, the approved political partiesany commentary or analysis on the electoral laws. Also, the approved political partiesneeded to apply for permission from the PSRB within 90 days after registering withneeded to apply for permission from the PSRB within 90 days after registering withthe UEC for permission to print their own campaign materials. Each party had also tothe UEC for permission to print their own campaign materials. Each party had also todeposit 500,000 Kyats (USD 500) with the PSRB.deposit 500,000 Kyats (USD 500) with the PSRB.

The UEC announced nine restrictions for campaign speeches, while alsoThe UEC announced nine restrictions for campaign speeches, while alsolimiting each party to 15 minutes of media airtime each. Media organizations andlimiting each party to 15 minutes of media airtime each. Media organizations andpolitical parties faced numerous obstacles, such as only having 15 minutes of airtimepolitical parties faced numerous obstacles, such as only having 15 minutes of airtimefor the entire campaign, restrictions, communications and internet slowdowns,for the entire campaign, restrictions, communications and internet slowdowns,threats of punishment, and cyber attacks.threats of punishment, and cyber attacks.

The SPDCs Union Election Commission held the elections on November 7,The SPDCs Union Election Commission held the elections on November 7,2010. During the election period, it became increasingly clear that the use of advance2010. During the election period, it became increasingly clear that the use of advance


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votes obtained through coerced voting or outright fraud was a major problem.votes obtained through coerced voting or outright fraud was a major problem.

These advance votes were often taken before the official advance votingThese advance votes were often taken before the official advance votingperiod of November 56. This advance voting seems to be part of a systematicperiod of November 56. This advance voting seems to be part of a systematicoperation to give the USDP an insurmountable lead before Election Day. These ballotsoperation to give the USDP an insurmountable lead before Election Day. These ballotswere generally collected in every manner possible, often relying on proxy voting,were generally collected in every manner possible, often relying on proxy voting,ghost voting, or coerced voting using threats and intimidation. Allegations of fraudghost voting, or coerced voting using threats and intimidation. Allegations of fraudand counting/advance voting irregularities were common. The voter turnout wasand counting/advance voting irregularities were common. The voter turnout was76.48 percent, according to the UEC. The vast majority of the seats in Parliament76.48 percent, according to the UEC. The vast majority of the seats in Parliamentwere won by the USDP.were won by the USDP.

Electoral Framework

According to the 2008 constitution, the Burmese army will automaticallyAccording to the 2008 constitution, the Burmese army will automaticallytake 25% of the seats in Parliament, according to chapter I article (14). It states,take 25% of the seats in Parliament, according to chapter I article (14). It states,the Pyidaungsu Hluttaw, the Regional Hluttaws and the State Hluttaws mustthe Pyidaungsu Hluttaw, the Regional Hluttaws and the State Hluttaws mustinclude Defence Services personnel as Hluttaw representatives, nominated byinclude Defence Services personnel as Hluttaw representatives, nominated bythe Commander-in-Chief of the Defence Services in numbers stipulated by thisthe Commander-in-Chief of the Defence Services in numbers stipulated by thisConstitution.Constitution.


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In the Amyotha Hlutaw (National Parliament), each of the countrys 14In the Amyotha Hlutaw (National Parliament), each of the countrys 14States and Regions will elect 12 representatives to the National Parliament, for aStates and Regions will elect 12 representatives to the National Parliament, for atotal of 168 elected seats. An additional 4 seats per state/region (a total of 56 seatstotal of 168 elected seats. An additional 4 seats per state/region (a total of 56 seatsequivalent to 25%) are reserved for military appointees, who are nominated by theequivalent to 25%) are reserved for military appointees, who are nominated by theCommander in Chief of the Burmese Armed Forces. (See Chapter II, article 109, (a)Commander in Chief of the Burmese Armed Forces. (See Chapter II, article 109, (a)and (b))and (b))

In the Pyithu Hluttaw (Peoples Parliament), each of the countrys townshipsIn the Pyithu Hluttaw (Peoples Parliament), each of the countrys townshipswill elect one representative to the Peoples Parliament, for a total of 330 electedwill elect one representative to the Peoples Parliament, for a total of 330 elected

seats. An additional 110 seats (25%) are reserved for military appointees. (Seeseats. An additional 110 seats (25%) are reserved for military appointees. (SeeChapter II, article 141, (a) (b) and (c))Chapter II, article 141, (a) (b) and (c))

In the State/Region Hluttaw (State/Region Parliament), each of the countrysIn the State/Region Hluttaw (State/Region Parliament), each of the countrystownships will elect two representatives , but eight townships under Naypyitaw andtownships will elect two representatives , but eight townships under Naypyitaw andfour townships under the Wa region wont be included in this process.four townships under the Wa region wont be included in this process.

Clearly, the new constitution favors the army generals, in that they have fullClearly, the new constitution favors the army generals, in that they have fullauthority to declare a state of emergency. This right is written in Chapter I, article 40authority to declare a state of emergency. This right is written in Chapter I, article 40(a) (b) (c) of the constitution.(a) (b) (c) of the constitution.

Article 40 (a): If there arises a state of emergency characterized by anArticle 40 (a): If there arises a state of emergency characterized by aninability to perform executive functions in accord with the provisions of theinability to perform executive functions in accord with the provisions of theConstitution in a Region or a State or a Self-Administered Area, the President isConstitution in a Region or a State or a Self-Administered Area, the President isempowered to exercise executive power in that Region, State or Self-Administeredempowered to exercise executive power in that Region, State or Self-AdministeredArea, and if necessary in doing so, the President is empowered to exercise legislativeArea, and if necessary in doing so, the President is empowered to exercise legislativepowers concerning that Region, State or Self-Administered Area in accord with thepowers concerning that Region, State or Self-Administered Area in accord with theprovisions of this Constitution.provisions of this Constitution.(b) If there arises or there is sufficient reason to arise a state of emergency(b) If there arises or there is sufficient reason to arise a state of emergencyendangering life and property of the people in a Region, State or Self-Administeredendangering life and property of the people in a Region, State or Self-AdministeredArea, the Defence Services has the right, in accord with the provisions of thisArea, the Defence Services has the right, in accord with the provisions of thisConstitution, to prevent that danger and provide protection.Constitution, to prevent that danger and provide protection.

(c) If there arises a state of emergency that could cause disintegration of the Union,(c) If there arises a state of emergency that could cause disintegration of the Union,disintegration of national solidarity and loss of sovereign power or attempts thereforedisintegration of national solidarity and loss of sovereign power or attempts thereforeby wrongful forcible means such as insurgency or violence, the Commander-in-Chiefby wrongful forcible means such as insurgency or violence, the Commander-in-Chief


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of the Defence Services has the right to take over and exercise State sovereign accordof the Defence Services has the right to take over and exercise State sovereign accordwith the provisions of this Constitution. According to the constitution, the Burmesewith the provisions of this Constitution. According to the constitution, the Burmesearmy has authority to nominate 25% of the military personnel in parliament. Thisarmy has authority to nominate 25% of the military personnel in parliament. Thisright is given to military top brass in Chapter II, article 74 (a) and (b) in 2008.right is given to military top brass in Chapter II, article 74 (a) and (b) in 2008.

The Pyidaungsu Hluttaw comprises of the following two Hluttaws :The Pyidaungsu Hluttaw comprises of the following two Hluttaws :

(a) in accord with the provisions of Section 109, the Pyithu Hluttaw formed with(a) in accord with the provisions of Section 109, the Pyithu Hluttaw formed withHluttaw representatives elected on the basis of township as well as population andHluttaw representatives elected on the basis of township as well as population andHluttaw representatives being the Defence Services Personnel nominated by theHluttaw representatives being the Defence Services Personnel nominated by theCommander-in-Chief of the Defence Services;Commander-in-Chief of the Defence Services;

(b) in accord with the provisions of Section 141, the Amyotha Hluttaw formed with(b) in accord with the provisions of Section 141, the Amyotha Hluttaw formed withHluttaw representatives elected in equal numbers from Regions and States andHluttaw representatives elected in equal numbers from Regions and States andHluttaw representatives being the Defence Services Personnel nominated by theHluttaw representatives being the Defence Services Personnel nominated by theCommander-in-Chief of the Defence Services.Commander-in-Chief of the Defence Services.

The military regime declared 330 constituencies and self-administeredThe military regime declared 330 constituencies and self-administeredregions and states. According to the constitution, if a self-administered area hasregions and states. According to the constitution, if a self-administered area has0.1% or above the population of the Union, that area has the right to have a0.1% or above the population of the Union, that area has the right to have acandidate. (Chapter II, article 161 (b))candidate. (Chapter II, article 161 (b))

The military regime designated the self-administered zones in the currentThe military regime designated the self-administered zones in the currentconstitution. It didnt recognize the self-administered zones in the previousconstitution. It didnt recognize the self-administered zones in the previousconstitutions. (See Chapter I, article 56, (a) (b) (c) (d) (e) and (f), of the 2008constitutions. (See Chapter I, article 56, (a) (b) (c) (d) (e) and (f), of the 2008constitution.)constitution.)

According to Article 56, The Self-Administered Divisions and Self-AdministeredAccording to Article 56, The Self-Administered Divisions and Self-AdministeredZones are delineated as follows:Zones are delineated as follows:

No. Region Self-Administratered Zone

(a) Grouping Leshi, Lahe and Namyun

townships in Sagaing Division

Naga

(b) Grouping Ywangan and Pindaya

townships in Shan State

Danu

(c) Grouping HoPong, HsiHseng and

Pinlaung townships in Shan State

Pa-O


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(d) Grouping Namhsan and Manton


Pa Laung

(e) Grouping Konkyan and Laukkai


Kokang

(f) Grouping six townships Hopang,

Mongma, Panwai, Nahpan, Metman

and Pangsang (Pankham) townships

in Shan State as two districts

Wa

According to the constitution, the president must be well acquainted withAccording to the constitution, the president must be well acquainted withthe affairs of the Union, including political, administrative, economic and military. Itthe affairs of the Union, including political, administrative, economic and military. Itcan be supposed that the president must have military experience. The president ofcan be supposed that the president must have military experience. The president ofBurma must be elected by the Presidential Electoral College.Burma must be elected by the Presidential Electoral College.

There is a contradiction seen in the current constitution. According to theThere is a contradiction seen in the current constitution. According to theconstitution, if the President or the Vice-Presidents are Hluttaw representatives, theyconstitution, if the President or the Vice-Presidents are Hluttaw representatives, theyshall be deemed to have resigned from their seats in that Hluttaw, and if the Presidentshall be deemed to have resigned from their seats in that Hluttaw, and if the Presidentor the Vice- Presidents are the Civil Service personnel, they shall be deemed to haveor the Vice- Presidents are the Civil Service personnel, they shall be deemed to haveresigned or retired from their offices from the day of their election. (Chapter III,resigned or retired from their offices from the day of their election. (Chapter III,article 63). But, the current Prime Minister, U Thein Sein, (a retired military general)article 63). But, the current Prime Minister, U Thein Sein, (a retired military general)is going to run in the election. Democratic opposition groups have been very criticalis going to run in the election. Democratic opposition groups have been very criticalof this point.of this point.

According to the current constitution, the commander in chief has the authorityAccording to the current constitution, the commander in chief has the authorityto declare the state of emergency. If the President learns or if the respective localto declare the state of emergency. If the President learns or if the respective localadministrative body submits that the administrative functions cannot be carried outadministrative body submits that the administrative functions cannot be carried outin accord with the constitution in a Region or a State or a Union Territory or a Self-in accord with the constitution in a Region or a State or a Union Territory or a Self-Administered Area, he may, after coordinating with the National Defence and SecurityAdministered Area, he may, after coordinating with the National Defence and SecurityCouncil, promulgate an ordinance and declare a state of emergency. (Chapter XI,Council, promulgate an ordinance and declare a state of emergency. (Chapter XI,article 410). The National Defence and Security Council will be formed in accordancearticle 410). The National Defence and Security Council will be formed in accordancewith Chapter V, article 201. Therefore, the President shall declare the transferring ofwith Chapter V, article 201. Therefore, the President shall declare the transferring oflegislative, executive and judicial powers of the Union to the Commander-in-Chief oflegislative, executive and judicial powers of the Union to the Commander-in-Chief ofthe Defence Services. The commander in chief of defense services has the right tothe Defence Services. The commander in chief of defense services has the right toexercise the powers of legislature, the executive and judiciary.exercise the powers of legislature, the executive and judiciary.


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Impunity to the army (Previous administrative body)Impunity to the army (Previous administrative body)

The Burmese military generals included impunity for themselves and allThe Burmese military generals included impunity for themselves and allmilitary personnel in the constitution. According to Chapter XI, article 432, no legalmilitary personnel in the constitution. According to Chapter XI, article 432, no legalaction shall be taken against those involved the administration or military.action shall be taken against those involved the administration or military.

Besides article 432, the constitution grants special privileges to militaryBesides article 432, the constitution grants special privileges to militarypersonnel. The current constitution permits the military to call a courts martial.personnel. The current constitution permits the military to call a courts martial.This means military personnel cannot be sued in a civilian court if they violate civilianThis means military personnel cannot be sued in a civilian court if they violate civilianlaws.laws.

Again, impunity rights are also included as transitory provisions in ChapterAgain, impunity rights are also included as transitory provisions in ChapterXIV of the constitution. According to these provisions, military leaders in SLORC andXIV of the constitution. According to these provisions, military leaders in SLORC andthe SPDC are legally granted impunity for their past actions.the SPDC are legally granted impunity for their past actions.

According to the new constitution, Burma will use the First-Pass-The-PostAccording to the new constitution, Burma will use the First-Pass-The-Post(FPTP) method in the election. The FPTP voting is a generic term referring to an(FPTP) method in the election. The FPTP voting is a generic term referring to anelection determined by the highest polling candidate(s). There is no fixed amountelection determined by the highest polling candidate(s). There is no fixed amountor percentage of vote required to win a first-past-the-post election. This electionor percentage of vote required to win a first-past-the-post election. This electionmethod (FPTP) was already used in 1990 election. At that time, the NLD party wonmethod (FPTP) was already used in 1990 election. At that time, the NLD party wona landslide victory in Burma.a landslide victory in Burma.

PyidaungsuHluttaw

AmyothaHluttaw

PyithuHluttaw

Military Appointees25 %

(110 Candidates)

Elected Civilian75%

(330 Candidates)

Military Appointees25 %

(56 Candidates)

Elected Civilain75 %

(168 Candidates)


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First-past-the-post voting systems usually require the placing of a markFirst-past-the-post voting systems usually require the placing of a mark(commonly an X or sometimes a tick or other mark) in a box on the ballot paper(commonly an X or sometimes a tick or other mark) in a box on the ballot papercorresponding to a candidate or candidates of the voters choice; however, in somecorresponding to a candidate or candidates of the voters choice; however, in somecases it may involve the writing in of the chosen candidates name. The regime willcases it may involve the writing in of the chosen candidates name. The regime willrequire voters to place an X-mark on the ballot paper when the voter chooses therequire voters to place an X-mark on the ballot paper when the voter chooses thecandidate in this upcoming election. The First-past-the-post voting method can becandidate in this upcoming election. The First-past-the-post voting method can beused for single and multiple member elections. In a single member election theused for single and multiple member elections. In a single member election thecandidate with the highest number, not necessarily a majority, of votes is elected.candidate with the highest number, not necessarily a majority, of votes is elected.

According to the regime, the so called single member election methodAccording to the regime, the so called single member election methodwill be used in this election. Candidates from various parties will run in a certainwill be used in this election. Candidates from various parties will run in a certainconstituency for votes, but voters can choose only one candidate. If the votersconstituency for votes, but voters can choose only one candidate. If the voterschoose more than one candidate at a time, the vote will be disqualified and will notchoose more than one candidate at a time, the vote will be disqualified and will notbe counted.be counted.

As well, the election will use the winner-take all method. So, there will notAs well, the election will use the winner-take all method. So, there will notneed to be a second round of voting.need to be a second round of voting.

According to the FPTP election method, a particular candidate does not needAccording to the FPTP election method, a particular candidate does not needto have 51% of votes. Candidates only need to have the highest number of votesto have 51% of votes. Candidates only need to have the highest number of votesamong the contesting candidates. According to the constitution, people only have toamong the contesting candidates. According to the constitution, people only have tochoose 75% of the candidates for the upper and lower houses because 25% of thechoose 75% of the candidates for the upper and lower houses because 25% of thecandidates will be military appointees.candidates will be military appointees.

Some critics said the FPTP method ignores the majority of votes because a candidateSome critics said the FPTP method ignores the majority of votes because a candidatecan win a seat by many votes, or just one vote to take the seat in the parliament.can win a seat by many votes, or just one vote to take the seat in the parliament.For example, if the USDP party garners 29% of the votes in a constituency in YangonFor example, if the USDP party garners 29% of the votes in a constituency in YangonRegion and the NUP gets 20%, the DP (M) gets 18%, the NDF party obtains 19%,Region and the NUP gets 20%, the DP (M) gets 18%, the NDF party obtains 19%,and the 88 Generation Students Youth of Union of Myanmar gets 14% of the votes.and the 88 Generation Students Youth of Union of Myanmar gets 14% of the votes.In this scenario the USDP party will win the election with 29% of the votes and theIn this scenario the USDP party will win the election with 29% of the votes and thedecision of 71% of the voters will be ignored.decision of 71% of the voters will be ignored.

In the 2010 election people can only choose candidates for the legislativeIn the 2010 election people can only choose candidates for the legislativebody.body.


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Elected candidates can only sit in the parliament and make laws. TheseElected candidates can only sit in the parliament and make laws. Theseelected candidates have no authority to form a government. Only the appointedelected candidates have no authority to form a government. Only the appointedpresident has the authority to form a government. According to the constitution,president has the authority to form a government. According to the constitution,the president can choose the members of the government, including individuals notthe president can choose the members of the government, including individuals notelected to the parliament.elected to the parliament.

The elected senate MPs, as well as the elected lower house members and the militaryThe elected senate MPs, as well as the elected lower house members and the militaryappointed Mps will each nominate one presidential candidate. Then, the three bodiesappointed Mps will each nominate one presidential candidate. Then, the three bodieswill choose the president from the three presidential candidates. MPs from the senatewill choose the president from the three presidential candidates. MPs from the senateand lower house will vote for the president by using the secret ballot method. Theand lower house will vote for the president by using the secret ballot method. Thecandidate who obtains the highest number of votes will be elected as a president.candidate who obtains the highest number of votes will be elected as a president.The remaining two presidential candidates become the vice-presidents.The remaining two presidential candidates become the vice-presidents.

According to the constitution, the president must have military experience.According to the constitution, the president must have military experience.After the president is elected, he can form the government. The new government willAfter the president is elected, he can form the government. The new government willthen be given authority to govern the country.then be given authority to govern the country.

Country Myanmar

Electoral System FPTP (First Pass the Post)

Electoral Type Plurality and Majority

Rounds of Voting 1

Legislature size (directly elected voting

members)

(325/168=493)

Legislature size (military appointees) (110+56=166)

Electoral system for choosing president Presidential Selection Committee elects

the president

According to the 2008 constitution, the Burmese military government hasAccording to the 2008 constitution, the Burmese military government hasto convene the Parliament meeting within three months (ninety days) after theto convene the Parliament meeting within three months (ninety days) after theelection. The military government had failed to call the Parliament meeting for theelection. The military government had failed to call the Parliament meeting for the1990 election. But, the junta will convene the parliament meeting this time because1990 election. But, the junta will convene the parliament meeting this time becausethe USDP, the government-back political party, won in the election. On 10 Januarythe USDP, the government-back political party, won in the election. On 10 January2011, the junta proved it by issuing a date to convene the parliament meeting on 312011, the junta proved it by issuing a date to convene the parliament meeting on 31January 2011.January 2011.


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On 17 December 2011, the SPDC issued the military conscription Law andOn 17 December 2011, the SPDC issued the military conscription Law andwithholding Tax Law on 31 Dec 2011. According to Article 443 of State Constitutionwithholding Tax Law on 31 Dec 2011. According to Article 443 of State Constitutionof the Republic of the Union of Myanmar, the SPDC has authorities to convene forof the Republic of the Union of Myanmar, the SPDC has authorities to convene forthe parliaments.the parliaments.

On 20 January 2011, the SPDC issued the Notification No.1/2011, No.On 20 January 2011, the SPDC issued the Notification No.1/2011, No.2/2011, and No. 3/2011 and the commander in chief of Burmese Army nominated2/2011, and No. 3/2011 and the commander in chief of Burmese Army nominatedmilitary personals for the parliaments including 110 military officers for the lowermilitary personals for the parliaments including 110 military officers for the lowerhouse (Pyithu Hluttaw) and 56 for the upper house (Amyotha Hluttaw). A quarter ofhouse (Pyithu Hluttaw) and 56 for the upper house (Amyotha Hluttaw). A quarter ofmilitary appointees will present in each Assembly during convening the Parliaments.military appointees will present in each Assembly during convening the Parliaments.

The SPDC exercising powers and duties vested according to Article 443 ofThe SPDC exercising powers and duties vested according to Article 443 ofState Constitution of the Republic of the Union of Myanmar and Article 32 of theState Constitution of the Republic of the Union of Myanmar and Article 32 of thePyithu Hluttaw Law, the first Pyithu Hluttaw regular session took place at PyithuPyithu Hluttaw Law, the first Pyithu Hluttaw regular session took place at PyithuHluttaw Hall of Hluttaw Building on Jan 31, 2011.Hluttaw Hall of Hluttaw Building on Jan 31, 2011.

According to the process, the lower house (Pyithu Hluttaw) representativesAccording to the process, the lower house (Pyithu Hluttaw) representativeselected U Htay Oo, an MP of Hinthada constituency, as chairperson of the First Pyithuelected U Htay Oo, an MP of Hinthada constituency, as chairperson of the First PyithuHluttaw Regular Session. Then, the Pyithu Hluttaw representatives cast votes toHluttaw Regular Session. Then, the Pyithu Hluttaw representatives cast votes toelect the speaker and deputy speaker of the lower house. Thura U Shwe Mann, aelect the speaker and deputy speaker of the lower house. Thura U Shwe Mann, aretired General and an MP of Zeyathiri Constituency, was elected as the lower houseretired General and an MP of Zeyathiri Constituency, was elected as the lower housespeaker and U Nanda Kyaw Swar as deputy Speaker.speaker and U Nanda Kyaw Swar as deputy Speaker.

As well, according to the 2008 constitution and Article 32 of the Pyithu HluttawAs well, according to the 2008 constitution and Article 32 of the Pyithu HluttawLaw, the first Amyotha Hluttaw regular session took place at Amyotha Hluttaw Hall ofLaw, the first Amyotha Hluttaw regular session took place at Amyotha Hluttaw Hall ofHluttaw Building on 31 January 2011.Hluttaw Building on 31 January 2011.

According to the process, the Amyotha Hluttaw representatives elected UAccording to the process, the Amyotha Hluttaw representatives elected UKhat Htain Nan, an MP of No (1) constituency of Kachin State, as chairperson of theKhat Htain Nan, an MP of No (1) constituency of Kachin State, as chairperson of thefirst Amyotha Hluttaw regular session. Then, the Amyotha Hluttaw representativesfirst Amyotha Hluttaw regular session. Then, the Amyotha Hluttaw representativescast votes to elect the speaker and Deputy Speaker of the upper house (Amyothacast votes to elect the speaker and Deputy Speaker of the upper house (AmyothaHluttaw/Pyidaungsu Hluttaw). U Khin Aung Myint, an MP of No (8) Constituency ofHluttaw/Pyidaungsu Hluttaw). U Khin Aung Myint, an MP of No (8) Constituency ofMandalay Region, was elected as the speaker of the upper house and U Mya Nyein asMandalay Region, was elected as the speaker of the upper house and U Mya Nyein asdeputy speaker.deputy speaker.


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On February 1, 2011, Dr. Sai Mauk Kham (a) Maung Ohn of Shan StateOn February 1, 2011, Dr. Sai Mauk Kham (a) Maung Ohn of Shan StateConstituency No. 3 and Dr. Aye Maung of Rakhine State Constituency No.1 wereConstituency No. 3 and Dr. Aye Maung of Rakhine State Constituency No.1 werenominated by the upper house for vice-presidents; U Thein Sein from Zabuthirinominated by the upper house for vice-presidents; U Thein Sein from ZabuthiriConstituency and U Saw Thein Aung from Hlaingbwe Constituency were nominatedConstituency and U Saw Thein Aung from Hlaingbwe Constituency were nominatedby the lower house for vice-presidents; and U (Thiha Thura) Tin Aung Myint Oo wasby the lower house for vice-presidents; and U (Thiha Thura) Tin Aung Myint Oo wasnominated by defence service personals for vice-presidents.nominated by defence service personals for vice-presidents.

On Feb 3, 2011, U Thein Sein (276 votes), Dr. Sai Mauk Kham (140 votes),On Feb 3, 2011, U Thein Sein (276 votes), Dr. Sai Mauk Kham (140 votes),were elected by MPs and U (Thiha Thura) Tin Aung Myint Oo were elected as vice-were elected by MPs and U (Thiha Thura) Tin Aung Myint Oo were elected as vice-presidents by defence service personals.presidents by defence service personals.

According to the presidential selection process, the presidential selectionAccording to the presidential selection process, the presidential selectioncommittees members secretly votes for the president. U Thein Sein won 408committees members secretly votes for the president. U Thein Sein won 408votes, 171 votes for Thiha Thura Tin Aung Myint Oo and 75 votes for Dr. Sai Maukvotes, 171 votes for Thiha Thura Tin Aung Myint Oo and 75 votes for Dr. Sai MaukKham. Therefore, U Thein Sein was elected as a president by presidential selectionKham. Therefore, U Thein Sein was elected as a president by presidential selectioncommittee on Feb 4, 2011.committee on Feb 4, 2011.

On February 8, 2011, according to the Section 202, Sub-section (a) of theOn February 8, 2011, according to the Section 202, Sub-section (a) of theconstitution of the Republic of the Union of Myanmar and Pyidaungsu Hluttaw Ruleconstitution of the Republic of the Union of Myanmar and Pyidaungsu Hluttaw Rule24, U Thein Sein, the president, proposed 34 designated ministries of the Union of24, U Thein Sein, the president, proposed 34 designated ministries of the Union ofGovernment. (New Light of Myanmar) On February 9, 2011, the Union ParliamentGovernment. (New Light of Myanmar) On February 9, 2011, the Union Parliament(Pyidaungsu Hluttaw) approved 34 ministries. President Thein Sein nominated(Pyidaungsu Hluttaw) approved 34 ministries. President Thein Sein nominated30 ministers for 34 ministries. The Union Parliament approved 30 ministers after30 ministers for 34 ministries. The Union Parliament approved 30 ministers afterdiscussion in the parliament.discussion in the parliament.

According to Chapter II, the Union Parliamentary law, Burmas ParliamentAccording to Chapter II, the Union Parliamentary law, Burmas Parliamentmust be formed with two houses, such as the upper and lower houses. Lower housesmust be formed with two houses, such as the upper and lower houses. Lower housesor Peoples Parliament (Phyithu Hluttaw) must be formed with 330 selected MPsor Peoples Parliament (Phyithu Hluttaw) must be formed with 330 selected MPsand 110 Military appointees. (Union Parliamentary Law, Chapter II, Article 3 (a)).and 110 Military appointees. (Union Parliamentary Law, Chapter II, Article 3 (a)).Likewise, upper house or National Parliament (Amyotha Hluttaw) must be formedLikewise, upper house or National Parliament (Amyotha Hluttaw) must be formedwith 168 selected MPs and 56 Military appointees.with 168 selected MPs and 56 Military appointees.

Chairman and vice-chairman of National Parliament have to take their dutyChairman and vice-chairman of National Parliament have to take their dutyas chairman and vice-chairman of the Parliament for 30 months since the first day ofas chairman and vice-chairman of the Parliament for 30 months since the first day ofconvening Parliament.convening Parliament.


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All MPs have duties to work such as to prevent the constitution and existenceAll MPs have duties to work such as to prevent the constitution and existence

laws, to keep the secret of national matters, to focus the issue better for the Unionlaws, to keep the secret of national matters, to focus the issue better for the Unionwhen discussion in the parliament, to implement original of citizens rights, andwhen discussion in the parliament, to implement original of citizens rights, andhave to work other duties which are given by the parliament. (Chapter III, articlehave to work other duties which are given by the parliament. (Chapter III, article8) MPs can freely discuss and vote in the parliament if they are not opposed to the8) MPs can freely discuss and vote in the parliament if they are not opposed to theConstitution and Laws which are imposed by the Parliament. (Chapter III, article 9,Constitution and Laws which are imposed by the Parliament. (Chapter III, article 9,section (c)).section (c)).

The first regular meeting of the parliament shall be held during the 15 daysThe first regular meeting of the parliament shall be held during the 15 dayssince first day meeting of the Peoples Parliament. (Chapter IV, Article 12) Chairmansince first day meeting of the Peoples Parliament. (Chapter IV, Article 12) Chairmanof the Parliament has to call the regular meeting of the parliament at least one timeof the Parliament has to call the regular meeting of the parliament at least one timeper year. (Chapter IV, Article 13) The SPDC shall form a committee to check allper year. (Chapter IV, Article 13) The SPDC shall form a committee to check allMPs who attend the first regular meeting of the Parliament. (Chapter IV, article 14,MPs who attend the first regular meeting of the Parliament. (Chapter IV, article 14,Section (a)).Section (a)).

Chairman of the Parliament can call for the special meeting (ad hoc meeting)Chairman of the Parliament can call for the special meeting (ad hoc meeting)or emergency meeting of the Parliament if it is needed to hold. (Chapter IV, articleor emergency meeting of the Parliament if it is needed to hold. (Chapter IV, article15). Chairman of the Parliament has to call for the special meeting (ad hoc meeting)15). Chairman of the Parliament has to call for the special meeting (ad hoc meeting)or emergency meeting of the Parliament if the president requests to hold theor emergency meeting of the Parliament if the president requests to hold theparliament meeting. (Article 16)parliament meeting. (Article 16)

According to the Article 60 of the Constitution, the president and vice-According to the Article 60 of the Constitution, the president and vice-presidents selection mission has to select the president and the vice-presidents inpresidents selection mission has to select the president and the vice-presidents inaccordance with laws and regulations. (Chapter V, article 30)accordance with laws and regulations. (Chapter V, article 30)

Draft of the national plan, national budget, and tax laws which are submittedDraft of the national plan, national budget, and tax laws which are submittedby the Government of the Union shall be discussed in the Parliament in accordanceby the Government of the Union shall be discussed in the Parliament in accordancewith imposed methods. (Chapter VI, article 42)with imposed methods. (Chapter VI, article 42)

If both upper and lower houses approve the draft of law which is initiallyIf both upper and lower houses approve the draft of law which is initiallysubmitted in the lower or upper house, it shall become the law. (Chapter VI, articlesubmitted in the lower or upper house, it shall become the law. (Chapter VI, article46 (a)) If there is no agreement about the draft law between the upper and lower46 (a)) If there is no agreement about the draft law between the upper and lowerhouses, the draft law shall be discussed and decide in the Parliament. (Chapter VI,houses, the draft law shall be discussed and decide in the Parliament. (Chapter VI,article 46 (b)).article 46 (b)).


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14. Daw Khin Hla Myint Member -

15. U Tha Oo Member -

16. Dr. Maung Htoo Member He is a former dean of MonywarUniversity.

17. U Tha Htay Member -


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Figure 1: The UEC Chairman, U Thein Soe

Figure 2 : Election Commission Meeting


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Politic

alParties

AfterthePartyRegistration

LawwasissuedbytheUECon17thMarch2010,fo

rtysevenpartiessub

HobSons Choice Burmas 2010 Election BNI

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Transcript of HobSons Choice Burmas 2010 Election BNI