By Min Khant
TODAY, at this time, in this era, the goal of the nation and its people is the emergence of a Union based on democracy and federalism. As the development of a multi-party democratic system is crucial for achieving the goal, the Tatmadaw is paving the way for the nation to help reach a multi-party democratic path. In the path paved by the Tatmadaw, the election process, which is the lifeblood of the multi-party democratic system, is a vitally important milestone.
An election is an essential process for a multi-party democratic system to thrive as well as a turning point for a change in the administrative mechanism that will lead the country. For this turning point to be gentle, an election needs to be free, transparent, and fair, as well as acceptable to the stakeholders and the voters. Although there may be arguments and dissatisfaction, it is extremely important that those who win the election need to smoothly transfer the administrative mechanism and legislative pillar with minimal friction, in accordance with the enacted election laws.
Based on the lessons learned from the 2020 election, the NLD party leadership, misinterpreting the widespread public support they enjoyed, seized absolute control of the administrative and legislative machinery. They, driven by a lust for power, sought to unlawfully usurp the state power, bypassing the existing constitution. As a consequence, everyone has witnessed, acknowledged, and experienced that the 2020 election, marred by widespread electoral fraud, was neither fair nor a smooth transition. The 2020 election irregularities, a major stain on Myanmar’s electoral history, prioritized a single party’s dominance within the Hluttaws over the development of a multi-party democratic system, leading to detrimental consequences that would upset the balance of power between the three branches of government. Free, transparent, and fair elections are the lifeblood of a multi-party democratic system, and this election is also related to the dignity of the ruling government and the election commission, which are responsible for carrying it out.
Therefore, the current government is already preparing to ensure that the upcoming 2025 multi-party democratic general election is a free and fair election, a dignified election, and a successful election, and to facilitate a smooth transition to the elected government that emerges from the election.
It is to be mindful that, in these times, there are terrorist individuals and terrorist groups, who have fled abroad, are attempting to achieve their political goals through armed struggle. They are trying various means to disrupt and prevent elections from taking place.
In truth, these destructive individuals and groups are obstructing the nation’s pivotal elections and opposing a multiparty democratic system, making them power-hungry individuals. In other words, they cling to the utterly ugly and illegitimate results of the 2020 elections, holding the politically shallow belief that only their rule constitutes a genuine government. Based on their current attitudes and actions, they are terrorists and saboteurs disturbing and harming the peace and stability of the nation. As they obstruct the desires of the people, they are enemies of the entire populace. Some armed insurgent groups under the name of ethnic armed groups who desire to control territory and wield power, also fear the prospect of elections taking place. Accordingly, they are desperately employing all means to obstruct and disrupt the elections, and spreading rumours to prevent the emergence of a Union based on democracy and federalism, which the majority of the people aspire to.
Due to the rumour-mongering of those saboteurs, three questions have arisen among the public during this pre-election period, causing concern. These three questions are: • Question (1): Will the legitimacy of the election be affected if a large number of constituencies nationwide are unable to hold elections due to security conditions? • Question (2): How will Hluttaw sessions be convened and will a government be formed if the number of elected representatives does not reach the required quorum? • Question (3): Can it be a genuine election without any specific individual, or without any specific party?
These three questions have sparked criticism and debate between supporters and opponents of the upcoming election, while those against the election are using these points to heavily criticize and attack it. Not only domestically, but also various foreign countries and election monitoring groups are keenly interested in knowing these questions. Thus, clarifications were clearly made for these three questions in this article.
The answer to question number (1) is clear. The legitimacy of the election is not affected even though many constituencies cannot hold elections due to security conditions. It can be confidently said that it is not affected at all. The shortest answer to the question is that the constitution does not state how many constituencies must be present for the election to be successful.
To explain it more clearly, regarding the responsibilities of the Union Election Commission in Chapter (9) concerning elections in the Constitution, it is stipulated in “Section 399(e) that the postponement of elections in constituencies where free and fair elections cannot be held due to natural disasters or territorial security conditions is a duty. So, according to this provision, postponing elections in constituencies where elections cannot be held is in accordance with the Constitution.
According to the 2008 Constitution, elections were held once in 2010, once in 2015, and once in 2020, for a total of three times, and by-elections were held once in 2012, once in 2017, and once in 2018. Experiences show that there are examples where respective Hluttaws were convened, and the formation of the Union Government, Region Governments, and State Governments were successfully carried out although elections could not be held in all constituencies. In this regard, it is easy to understand that holding elections in constituencies where it is possible and electing representatives does not affect the legitimacy of the election even if elections cannot be held in all constituencies across the country
The upcoming election will be held in three phases: the first phase will be held in 102 townships, the second in 100 townships, and the third in 72 townships, making a total of 274 townships where the election will be held. As there are 330 townships in Myanmar, only 56 townships will not be able to hold elections for the time being, but by-elections in those townships will be held later. This should make it understandable to anyone who can thoughtfully consider the legitimacy of the election. The answer to question (2) is as stated above: the Constitution does not specify the number of constituencies or the number of representatives in holding elections. Therefore, regardless of the number of elected representatives from constituencies where elections can be held, Hluttaw sessions and the formation of a government can continue to be carried out in accordance with the Constitution in conjunction with the military-nominated representatives in the Pyithu Hluttaw stipulated by the Constitution. According to Section 109 of the Constitution, the number of elected representatives of the Pyithu Hluttaw shall not exceed 330, and the number of military-nominated representatives of the Pyithu Hluttaw shall not exceed 110. So, no matter how many elected representatives of the Pyithu Hluttaw there are, the relevant Hluttaw sessions can be convened in conjunction with 110 military-nominated representatives.
Regarding the validity of Hluttaw sessions, Section 128(a) of the Constitution stipulates that a session is duly constituted if more than half of the total number of representatives who are permitted to attend are present. This means the total number only includes representatives elected from the constituencies where elections were held and military-nominated representatives, who are all entitled to attend. The number of representatives from constituencies where elections were not held is not included in the total count of representatives permitted to attend the Hluttaw. Consequently, the Hluttaw session will be duly constituted, and the Hluttaw proceedings can continue in accordance with the Constitution if more than half of the total number of elected representatives and military-nominated representatives are present.
This means that by regardless of how many elected representatives there are, collaborating with elected representatives, military-nominated representatives under the obedience, unity, enthusiastic work for the nation, and the leadership of military leaders, can proceed as outlined in its fifth point of the Five- Point Roadmap by the State Administration Council: “Further stages of the roadmap will be undertaken to hand over the State duty to the elected government.” Furthermore, it will be possible to successfully continue building a genuine, disciplined multi-party democratic system and a Union based on democracy and federalism.
Excluding the 25 per cent of military-nominated representatives, the total number of candidates to compete in the election is 5,023. This includes 1,349 for the Pyithu Hluttaw, 835 for the Amyotha Hluttaw, 2,733 for the region and state Hluttaws, and 106 ethnic representatives, making 5,023 candidates altogether. Even though some number of candidates might have decreased under the scrutiny of Union Election Commission (UEC), this might not affect the process.
The electoral system will use the First Past the Post (FPTP) system for the Pyithu Hluttaw only, and a Mixed-member Proportional Representation (MMP) system for the remaining Hluttaws. In this context, elected representatives from the Amyotha Hluttaw, region and state Hluttaws, and ethnic representatives will enter the Hluttaw proportionally. This means the Pyidaungsu Hluttaw will be seen as a dignified Hlutttaw, free from disputes.
The Question 3 concerns those who ask, “Why isn’t this specific person included?” or “Why isn’t this specific party competing?” These questions reflect personal feelings. They represent the perspective of individuals with narrow democratic understanding and a focus on personal loyalty. The system that the public aspire to is a multi-party democratic system. Relying too heavily on a single party or an individual can easily lead back to authoritarianism. Myanmar has previously experienced situations where one-party authoritarian rule and concentration of power in a single individual resulted in the government’s inefficiency. The absence of a single party or individual in the multi-party democratic elections cannot be considered illegitimate. In the upcoming election, according to existing law, there are 57 parties competing and 5,023 candidates for Hluttaw seats. Those who support these parties and candidates are themselves citizens of Myanmar. They are trying to win the election and form a government in line with their parties’ policies, in other words, to fulfill national responsibilities. Their efforts are worth to be recognized. The dissolution of parties due to failure to register legally is a consequence of their own choice. Accordingly, any criticism claiming that the 2025 elections is not genuine because of lack of certain individuals or old parties they prefer reflects personal preference and sentiment, and such criticism only disrupts the electoral process.
Once a government is formed through the people’s votes in an election, those destructive and violent groups opposing the current government may find it difficult to continue their operations. As a result, armed terrorists and insurgents, fugitives, exiles and destructive groups have been actively opposing the elections and encouraging actions aimed at disrupting or destructing it.
These exile groups can only survive when the nation’s stability and peace are broken and the public is in panic. They are willing to tread on the lives and livelihoods of the people in order to achieve their political objectives through violent armed means. It is necessary for the public and security forces, acting together in unity, to respond and resist the obstruction and disruption caused by these groups.
While all people are working to ensure the success of the election process, which is vital for peace, stability and the development of a genuine multiparty democratic system, it is important to remain vigilant and not be swayed by the instigations or false propaganda spread by domestic and foreign destructive groups aimed at derailing the elections.
The Government has enacted laws on protection of election from disruption to hold the election successfully. These laws are in place to safeguard both the candidate representatives who will contest in the election and the civil servants who will successfully conduct and manage the election. This law is already in effect, and according to it, legal action has been taken against 93 offenders who disrupted or obstructed the election process
For the stability, peace, and development of the nation, and during this pivotal period of political transition for the state, this article reminds people that they should choose the candidates who can genuinely work for the benefit of the country, who can truly implement the multi-party democratic system, who can authentically uphold and safeguard Our Three Main National Causes, and who are capable of working towards building a prosperous nation when casting votes to properly elect public representatives.
Since the Government explicitly declared that a free and fair election would be held undoubtedly, heads of states from many countries, including major world powers, have recognized, supported, and endorsed this. It is also understood that election observation missions will be sent.
Furthermore, it is essential for the people to fulfill their duties as patriotic and responsible citizens by wholeheartedly participating in the genuine multi-party democratic path, which, under the leadership of the Government, can guarantee stability, the rule of law, and sustainable development. This participation is crucial for the successful holding of the multiparty democratic general election that will shape the future of the nation in a stable and peaceful manner. By practically exercising the precious citizen’s rights and through the united strength of the entire nation, all must resist the dangers posed by destructive elements and stride forward in a balanced manner to successfully reach the democratic goals that everyone aspires to.
Consequently, the entire population is urged to participate in their respective roles actively during the pre-election period and the election period itself for holding the free, fair, dignified and successful general elections and for fulfilling the responsibilities of a citizen.
