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

Intervention of the former President and actions by taking the advice of international organizations in the process of amending the laws for the benefit of National League for Democracy (NLD)

 Former President of the National League for Democracy (NLD) Government, U Win Myint gave instructions to add and also amend electoral laws and rules for its own party’s benefits to win election. Moreover, it was found that they took advice of international organizations such as the International Foundation for Electoral Systems (IFES) and the International Institute for Democracy and Electoral Assistance (International IDEA). The former UEC started the legal amendments starting from June 2016 which is 3 months after NLD party handed over the power until June 2020 before 2020 Multi- party Democracy General Elections.

 According to the findings of the IFES Recommendation Paper, there were 2 meetings between former UEC and IFES on 3rd December 2018 and 9th April 2019, and some changes in electoral rules were submitted to be prioritized as part of the meeting minutes. There was another term paper jointly made by IFES and IDEA in January 2019 on request by former UEC and it had recommendations to add and amend electoral laws and rules. [1] [2]

 The former UEC received a paper by IFES and IDEA that had 353 recommendations and there were discussions by former UEC chairman and commissioners to submit these recommendations to parliament. It was found that there were discussions related to changes in laws and rules according to the meeting minutes of 24.5.2019, 7.6.2019, 17.6.2019, 2.7.2019, 2.10.2019 and 19.9.2019. It was found that there was a meeting on 2nd October 2019 and the former chairman U Hla Thein discussed about the recommendations submitted by IDEA and IFES, and the recommendations No. 177 “ANFREL report 2015: Out of Constituency advance voting for the military should be conducted at standard civilian polling stations, using the procedure that apply to civilians wherever possible. No advance voting should be allowed in military camps/installations, especially polling stations run by the military and located on bases”, the recommendations No. 178 “ANFREL report 2017: Ascertain that all polling stations are located in a neutral place instead of a controlled environment such as inside military camps. Voting in a controlled environment is never ideal on the voter’s right of free choice. Hence, polling stations in military camps should be avoided. Transparency and free choice take precedence over convenience. After all, they can always locate the polling station outside the gate of the camp.” the recommendations No. 179 “ANFREL report 2018: More efforts have to be made to make voters and observers aware of the advance voting schedule. One helpful tool is the publication of a separate calendars and announcements for within and out-of-constituency advance voting.” According to the meeting minutes, it was found that they intentionally discussed these points to take actions which would ruin the trust between Tatmadaw and people. [3]

 After these discussions, based on the recommendations No.177,178 and 179 changes in rules including Section 39 (a) were amended and announced officially by former UEC with announcement No. 55/2019, 56/2019 and 57/2019 dated 3.10.2019, and submitted to and approved by Hluttaw. [4]

 The former UEC also worked with 24 international organisations and signed MoUs with 12 international organisations. Political Parties and CSOs were funded by international organisations especially International Republican Institute (IRI) and the Carter Center (TCC) and it can be clearly seen that there were influences and control by the foreign countries that funded these international organisations. [5]

 It was found that former President U Win Myint gave instructions on legal amendments to former UEC in favour of the NLD party to win the election. At the meeting for legal amendments at UEC office on 24.5.2019, the former chairman of UEC U Hla Thein said “we have met with the President on 21st (referred to 21.5.2019), I am concerned that the updates by the President won’t be included in our discussion, all participants here today, commissioners and I should discuss what the President has guided in his recent instruction”.

 During the discussion on Section 10 of Pyithu Hluttaw Election Rules “at least 180 days” to be replaced by “at least 90 days” at the meeting for legal amendments at UEC office on 19.9.2019, the former commissioner U Hla Tint said “ The President made it clear about the period when he met him on 21st May (referred to 21.5.2019), he asked if it was possible to make it ‘‘90 days” instead of ‘‘180 days”, that’s why we made the decision to change it into ‘‘90 days” at our internal meeting”. At the meeting for legal amendments at UEC office on 2.10.2019, the former Commissioner U Hla Tint again said that the President gave guidance on voting, polling stations and advance voting by military personnel and families when he met with the President. [6]

 There were strong objections and demonstrations by ethnic and other political parties when the proposed changes related to Section 10 of Pyithu Hluttaw, Amyotha Hluttaw and State/Region Hluttaw Election rules were submitted to the parliament. On 24th February 2020, 14 political parties released a press statement expressing their objections and it was found that NLD party appointed President planned to systematically favor the NLD party to win the election in townships in States where there are less voters. Former President U Win Myint misused his power to make changes related to Section 10 of Hluttaw Election rules, and he let the former UEC do this for his own party’s benefit, and the former UEC issued announcement No. 55/2019, 56/2019 and 57/2019 dated 3.10.2019 that were submitted to and approved by Hluttaw. There were influence and interference by former President U Win Myint and the NLD party on the actions by the former UEC. And it was also found that the former UEC did not perform well as an independent, free and fair institution and it made legal changes in favor of the NLD party to win the election. [7] [8]