Findings on the Investigation
of Electoral Frauds and Malpractices in 2020
Multi-party Democracy General Election

Interference in formation of election sub-commissions at different levels beyond laws, rules, orders and instructions

 Findings on interference by the NLD party throughout the election operation in 2020 Multi-Party Democracy General Election that was beyond the laws, rules, orders and instructions are as follows:

 (a) Although there was an announcement No. 32/2017 dated 17.11.2017 on formation of State/Region Election Sub Commissions issued by former UEC, there were further announcements such as No. 33/2017 dated 4.12.2017 and No.34/2017 dated 6.12.2017 on the formation of State/ Region Election Sub Commissions. It was found that NLD party hard cores, who were nominated by former Chief Ministers of States/Regions, were appointed as chairpersons and commissioners in those announcements.
 (b) The list below showed chairperson and commissioners of Kayah State Election Sub Commission were linked with NLD party- [1]
(i) U Than Soe Chairman (he was member of Kayah State National League for Democracy party campaign team and party hard core in 2015 General Election)
(ii) Daw Cho Cho Than member (her spouse is a member of NLD party campaign victory team and partisan campaign coordinator)
(iii) Daw Nwe Nwe Khin member (she is NLD supporter)
(iv) U Tin Soe member (he is NLD supporter)
 (c) The former UEC appointed district election sub commissions with Announcement No. 52/2017 dated 22.12.2017 and township election sub commissions with Announcement No. 53/2017 dated 23.12.2017 but Kayah State Election Sub Commission was not aware about those names since former UEC appointed NLD supporters and hard cores who were recommended by former Kayah State Chief Minister.
 (d) It was found that in Kayin State as well, malpractice was planned in advance by including NLD hard cores in formation of election sub commissions at all levels. The announcements of appointments of sub commissions were revoked and replaced with new ones that included the nominations by former Kayin Chief Minister. [2]
 (e) Similarly, in Chin State, when Chin State Election Sub Commission was formed, the former UEC did not act properly in accordance with Section 10 (c) of Union Election Commission Law to form State/ district/ township election sub-commissions but asked for the approval from State government or former State Chief Minister instead, which is not stated in Laws. The former UEC gave illegal instructions to State Election Sub Commission to meet with and take guidance from former Chief Minister. It was found that the former State Chief Minister also made phone calls to their friends and assigned them to take these positions. Although the former UEC issued the announcement No. 32/2017 of appointment of State Election Sub Commission dated 17.11.2017, it was replaced with announcement No. 33/2017 of appointment of State Election Sub Commission dated 4.12.2017 because the former Chief Minister wanted to appoint the personnel who were connected with NLD party. [3]
 (f) It was found that U Wi Kaw, former Minister for Planning and Finance of Chin State sent the Letter No. 1/2-2(14)/U3 dated 11.2.2020 to State Election Commission to replace the members of wards/villages election sub commissions. Thus, U Lin Kyaw, State Election Officer, had to coordinate by sending back the Letters No. 1/ (1)- kapasa/ chin-ka-ma-ya-khwe dated 17.2.2020 and No. 2/(3)- nangaya/ chin-ka-ma-ya-khwe dated 18.2.2020. State Election Sub Commission had to ask for approval from former Chief Minister and respective former Ministers on nominations where the chairpersons and commissioners of the State/district/township/ward/ villages election sub commissions were vacant due to health or social grounds. It shows that former State government and NLD party took control on former UEC and former State Election Commission. [4] [5]
 (g) The former Chief Minister of Sagaing Region U Myint Naing gave instructions to let former Hluttaw representatives lead the nominations to reconstitute election sub commissions and these former Hluttaw representatives interfered in the process and pressured the former UEC to replace the appointments of election sub commission when there was no NLD supporters in the formation of Katha district and Inn Daw township election sub commission. [6]
 (h) The former UEC formed election sub commission with announcement No. 32/2017 dated 17.11.2017 which included U Win Maung as chairman and other 5 commissioners. When the copy of that announcement was sent to former Bago Region Chief Minister U Win Thein, he met with Bago Region Election Sub Commission Chairman U Win Maung at his home and said that he was not satisfied with the appointments, he would call the former UEC, and U Win Maung could not even imagine to become the chairperson. The former UEC gave instructions to revoke announcement and the election sub-commission was formed again with the announcement No. 33/2017 dated 4.12.2017 in which U Win Maung was not included anymore and the amended appointment is as following: [7]
(1) U Moe Swe Chairman
(2) U Aung Myint Member (1)
(3) Daw Khin Hla Swe Member (2)
(4) Dr Kyi Soe Member (3)
(5) Daw San San Myat Member (4)
(6) Dr Ye Nyunt Naing Member (5)
 (i) It was found that most of the former members of Bago Region Election Sub Commission are connected with NLD party especially the 4th commissioner Daw San San Myat is niece of former Chief Minister of Bago Region U Win Thein.
 (j) According to Union Election Commission Law, election sub commissions at State/Region/district/township levels shall be formed by Union Election Commission and State/Region Election Sub Commission shall form ward/village tract election sub commission. However, the former Chief Minister of Bago gave instruction to Bago Region Election Sub Commission to appoint ward/village tract election sub commission only when he gave approval. In the past, the appointment for the vacant seats of ward/village tract election sub commission shall be discussed first at ward/village tract election sub commissions meeting and reported to township administration, then the township administrator took the confirmation after getting consensus from 4 Hluttaw Representatives. But previously, ward/village tract election sub commissions were approved only by former Bago Region Chief Minister U Win Thein and the commissioners were mostly NLD supporters because the Hluttaw representatives he spoke with were also only the ones from the NLD party. [8]
 (k) Magway Region Election Commission was formed with 6 community trusted people and 10 departmental personnel, 16 in total. In doing so, the names of 6 community trusted people who are retired government personnel were submitted to the former UEC with their short biographies after asking them if they were interested to work for sub commission.Since the elections shall be conducted in accordance with existing laws and rules, lawyers were prioritized amongst retired and community trusted personnel but the former UEC did not approve and appoint them because these nominations were not approved by the former Magway Region Chief Minister and NLD CEC members. The former UEC coordinated with former Magway Region Chief Minister and asked for the nominations confidentially in order to form Region/State/ district/ township election sub commissions. Although the community trusted people shall be assigned for election sub commissions at various levels in transparent manner, the names of NLD hard cores and supporters recommended Magway Region Hluttaw representatives were submitted to former Magway Region Chief Minister through former Speaker of Region Hluttaw and later the list was directly sent to the former UEC confidentially. It is found that the former chairman of UEC U Hla Thein and the former Magway Region Chief Minister Dr. Aung Moe Nyo, worked together against Laws and rules and planned in advance to commit malpractices since the election sub commissions were formed in 2017 in order to help the NLD party to win the election and be able to form the government. [9] [10]
 (l) The former UEC formed Mandalay Region Election Sub Commission by the announcement No.32/2017 dated 17.11.2017, which included 6 community trusted people and 10 departmental personnel, 16 in total. But that appointment was objected by former Mandalay Region Chief Minister and NLD CEC members and Mandalay Region Election Sub Commission was re-appointed by announcement No.33/2017 dated 4.12.2017. The former UEC formed district election sub commissions in Mandalay Region by the announcement No. 44/2017 dated 18.12.2017 and township election sub commissions in Mandalay Region by the announcement No. 45/2017 and these appointments were done in coordination with former Mandalay Region Chief Minister. Dr. Zaw Myint Maung, former Mandalay Region Chief Minister sent a Letter No. 1/2-1/5 U 6 (243) dated 20.12.2017 confidentially to U Hla Thein, Chairman of former UEC to replace the appointments of the township election sub-commissions in Madayar Township, Thabeikkyin Township, Mahlaing Township, Meikhtilar Township, Tharzi Township, Myingyan Township in Mandalay region and these township election sub commissions were re-appointed by the announcement No. 54/2017. There was interference by Hluttaw representatives from the NLD party in the formation process of ward/ village tract election sub commissions in some townships. It was established that Hluttaw representatives from the NLD party in some townships selected the people to appoint in cooperation with district/township management committees as chairpersons and commissioners where there were vacant positions, and the former UEC appointed them when these lists were approved by former Chief Minister. [11] [12] [13]
 (m) When the former UEC appointed Pyawbwe township election sub commission as former Mandalay Region government recommended, U Thaung Aye, Pyithu Hluttaw representative from Pyawbwe township in Mandalay Region raised the question “whether there is any plan or not to amend the appointments as two appointed commissioners in the list of Pyawbwe township election sub commission by former UEC were wrong” on 5th day of 8th regular sessions of 2nd term of Pyithu Hluttaw. U Aung Myint, a commissioner of former UEC did not give clear answer why the name list was wrong but responded that UEC did it only within the framework of duties and responsibilities of UEC. The former UEC did not admit that they took the recommendations and appointed the sub commissions as Mandalay Region government wished, at Pyithu Hluttaw which is legislative body of the country, and it shows that the former UEC was not impartial and independent institution, and the former regional government also took control of UEC and intervened in the process. [14]
 (n) The former UEC appointed the Mon State Election Sub Commission by the announcement No. 32/2017 and it was sent to Mon State Election Sub Commission office on 17.11.2017 by fax but there was further instruction to seal and keep that announcement. It was found that the former Mon State Chief Minister directly communicated with former UEC and Mon State Election Sub Commission was formed again by announcement No. 34/2017 dated 6.12.2017 in which the earlier appointed 4 members were replaced with 4 other people recommended by NLD party. [15]
 (o) Similarly, the formation of district and township election sub commissions were done under the guidance by former UEC and approval by former Mon State Chief Minister. District election sub commissions were formed by the announcement No. 3/2018 dated 2.1.2018 and township election sub commissions were formed by the announcement No. 4/2018 dated 2.1.2018. But there was no scrutiny process to check if these appointed people actually met the eligibility criteria or not as stated in article 16 of Union Election Commission Law and it was found that most of them were NLD supporters and hard cores.
 (p) It was determined that the former UEC included NLD party members and supporters in the appointments of district and township election sub commissions in Rakhine State. The list of NLD party members and hard cores to be appointed in formation of district and township election sub commissions was submitted by NLD party in 2017, it was signed by former Rakhine State Chief Minister U Nyi Pu and sent to secretary of Rakhine State Election Sub Commission before the announcement of appointments. [16]
 (q) The former UEC asked for nominations from the Yangon Region Election Sub Commission and it was appointed by announcement No. 32/2017 dated 17.11.2017 in which two nominated people were included as chairman and commissioner together with 3 other commissioners. On next day, there was instruction to revoke that announcement and it was replaced with announcement No. 34/2017 dated 6.12.2017. The new appointment included only the people recommended by former Yangon Region Chief Minister. As the former chairperson of UEC gave instruction to follow the guidance by former Chief Minister on formation of district and township election sub commissions, chairman U Kyi Myint and secretary U Tin Maung Aye from Yangon Region Election Sub Commission met with former Yangon Region Chief Minister U Phyo Min Thein in person. They sent the list of nominations by U Phyo Min Thein to former UEC and Yangon Region Election Sub Commission was formed accordingly. [17] [18]
 (r) Former Ayeyarwaddy Region government planned in advance to provide the nominations when the former UEC restructured the election sub commissions, and when there were vacant chairperson or commissioners, only those who got approved by former chief minister were nominated and submitted to former UEC. Former Hluttaw representatives from the NLD party intervened in the formation process of election sub commissions, those appointed commissioners who are NLD party hard cores displayed bias during the election campaign, collecting advance votes, and voting at polling stations. [19]
 (s) The former UEC asked for nominations from Nay Pyi Taw Council, and it was appointed by announcement No. 5/2018 dated 9.1.2018. According to the instruction by U Hla Thein, former chairman of UEC to follow the guidance by former Chief Minister on formation of district and township election sub commissions, Chairman U Thein Htway and Secretary U Aung Soe Win of Union Territory Election Sub Commission met with member of Nay Pyi Taw Council U Aung Myint Tun and reported the list of nominations by Nay Pyi Taw Council to UEC. Afterwards, chairpersons and members of 2 district and 8 township election sub commissions in Union Territory were appointed by announcements No. 81/2018 and 82/2018 dated 8.6.2018. [20]
Instructions by former UEC to allow the voters who do not have any Citizenship Scrutiny Cards
Instructions by former UEC to allow the voters who do not have any Citizenship Scrutiny Cards
Instructions by former UEC to allow the voters who do not have any Citizenship Scrutiny Cards
Instructions by former UEC to allow the voters who do not have any Citizenship Scrutiny Cards