Announcement of Union Election Commission to Voters

(28 January 2021)

1. The Union Election Commission has peacefully and successfully organized the 2020 General Election under the five norms of free, fair, transparent, credible and reflecting the will of the people, and invited the participation of relevant stakeholders with the elections.

2. To ensure accurate voter lists, the UEC also worked together with the Ministry of Office of Union Government, the General Administration Department and the Ministry of Labour, Immigration and Population in voter list collecting processes, and monthly updated the lists. The initial voter lists were published at the sub-commission offices of UEC in respective ward/village-tracts for three weeks from 25-7-2020 to 14-8-2020. It was also announced that applications of Form 4 could be filed to ask for correction of voter list that included ineligible voters (the dead, underage and repeated voters), for the unnamed voter in the list through Form 3 and for correction of voter information in the list through Form 4-C.

3. After cancellation, addition and correction based on the information from Form 3, Form 4 and Form 4-C, the second version of voter lists were published from 1-10-2020 to 14-10-2020. The web application findyourpollingstation.uec.gov.mm was developed to be able to check the voter lists, and the mobile application findyourpollingstation.apk was launched for downloading from the Google play store. The PDF format of these voter lists was transparently distributed to the election candidates in respective townships and political parties, asking for their cooperation in collecting the accurate voter list.

4. Addition of the voter lists— for those who returned from abroad, who could not return to their permanent residence and (if) who were not included in the eligible voter list during the COVID-19 outbreak— was carried out in line with the laws. Moreover, the voter lists of Tatmadaw personnel and their family members sent by the respective commands/commanders were added into the eligible voter lists without making any scrutiny.

5. Due to the outbreak of COVID-19 during the election period, the UEC made some announcements, under its power and the provisions of Hluttaw election laws, as per Article 27 of the Union Election Law, saying that ‘The commission may make the required bylaws, rules, guidelines, procedures, notifications, orders or directives in implementing the provisions in this law’; Article 54 of the respective Hluttaw Election Law said that ‘The Commission may take measures as may be necessary for the successful holding of free and fair election’; Article 90 also mentioned that ‘In implementing the provisions of this Law the Commission may make rules, procedures, orders and directives as may be necessary. The directives were made into public announcements, and the copies were sent to the Union-level organizations.

6. It was also informed on 30-9-2020 to the Hluttaw candidates, and the voters about their rights to get the copies of election documents in line with the laws ahead of the elections, and the requests for document copies were legally approved. After the elections, the relevant election sub-commission ensured confidentiality of electoral documents which included personal information of relevant persons, such as their signature, name, father’s name, mother’s name, birthday, national scrutiny card number, current address and permanent address to secure their personal freedom and security of citizens.

7. The advance voting processes were also carried out in line with the laws and bylaws of Hluttaw. After the voter signed the single and original Form 1 for voting on the election day, the election office has to send it, together with other forms in the sealed packages, to the township election commissions.

The township sub-commissions have to keep the documents safely.

8. Some Hluttaw candidates and voters have submitted their complaints to the Union Election Commission in seeking legal judgements on their losses in relation to the previous elections. A total of 287 complaints—94 cases from the voters and 193 cases from the Hluttaw candidates— were filed to the UEC. The ongoing cases of controversial voter lists were also included in the complaints. The UEC has also formed electoral tribunals to investigate the complaints.

9. The electoral tribunals are now investigating the complaints. Those who filed the complaints can report and demand on their losses. Based on the results from electoral tribunals, the election sub-commissions, if necessary, will scrutinize the electoral documents, including the voter lists which are maintained confidentiality, in accordance with the laws and bylaws.

10. The Tatmadaw True News Information Team has pointed out that there might be some overlapped voter lists of elderly persons, very young persons, underage persons and the dead in cross-check among the townships. However, these persons could not cast their votes many times in a single day. In addition, there were travel restrictions amid COVID-19 outbreak; it was impossible to go to other towns for voting, indelible ink that cannot be removed until one week, the process of election sub-commissions carried out the guidelines of polling-station officers and members to check the voter lists and personal information such as the name, father’s name, age, date of birth, and address, etc.

11. Eligible voters cannot lose their voting rights although they do not have national scrutiny card. There are many persons who do not have national scrutiny in the country. Therefore, the Hluttaw election laws do not prescribe that those who do not have the national scrutiny card are not valid to cast the vote. However, the persons who have reached 18-year of age are the eligible voters. If someone can prove themselves as the citizen with 18-year of age, they are allowed for the voting.

12. There were some inaccuracies of voter lists in the referendum of 2008 Constitution, and in 2010 and 2015 General Elections. Some flaws in voter lists in the recent elections could not happen irregularities in the election. Vote results were announced after counting each ballot paper in the presence of election sub-commission members, polling station officers and members, Hluttaw candidates and election representatives, polling station representatives of the candidates and their assistants, election observers, news media and members of civil service societies. The number of secured votes for each candidate was approved by signing Form 16. The numbers of secured votes were also published at the respective polling stations. Township election sub-commissions recorded the number of secured votes for the Hluttaw candidates in Form 19 in front of the public. The documents were signed by the candidates, the election representatives, the respective election sub-commissions and the witnesses. The election sub-commissions of regions and states announced the elected candidates. The approvals were made in accordance with the electoral processes.
13. Moreover, the approved results were published at the polling stations/sub-commissions. The processes were carried out in line with the law to be able to announce the elected Hluttaw candidates officially.

14. The Union Election Commission is a Union-level organization which has an independent power to manage the electoral process. As per provision 402 of State Constitution and Article 11 of the Union Election Commission Law, the UEC is the Union-level organization which has the power and privileges in matters related to the elections. No law has given the authority to UEC to work together with the Pyidaungsu Hluttaw, or the government for negotiation and to find solutions. The sovereign power is derived from the voters who elected the candidates in the elections. The State Constitution has also mentioned that ‘The Sovereign power of the Union is derived from the citizens and is in force in the entire country’. And that, any person or any organization cannot overrule the decision of voters by making any negotiation. If any changes were made on the results, it would be tantamount to breaching the State Constitution, the Union Election Commission Law and Hluttaw election laws, opposing to the expectation of voters.

15. The case of election irregularities and frauds can be reported to the election tribunal for its decision in line with the legal rights. If the independent decisions of tribunals are not accepted, appeals and amendments can be submitted to the UEC which will then make judgements on the cases.
Union Election Commission