Opposition parties prepare to challenge election results

The USDP and other parties accuse the NLD of prematurely declaring itself the victor in Sunday’s election

Published on Nov 10, 2020
Published on Nov 10, 2020
NLD and USDP supporters are seen at Seikkyi Kanaungto township in Yangon on November 6, two days before the election. (Sai Zaw/Myanmar Now)
NLD and USDP supporters are seen at Seikkyi Kanaungto township in Yangon on November 6, two days before the election. (Sai Zaw/Myanmar Now)

As the National League for Democracy (NLD) claims a resounding victory in Sunday’s election, opposition parties have wasted no time in challenging the result.

On Monday, the chair of the military-backed Union Solidarity and Development Party (USDP), Than Htay, said it was still too early for the NLD to announce that it had enough seats to form a government.

He repeated this message on Tuesday, posting on Facebook that much remained to be done before anyone could speak of the official election results.

“They can’t believe the results in Pyawbwe. I can only assume it wasn’t fair,” said defeated USDP candidate Thaung Aye

 

 

“Is this whole case of ending the voting process legal? It was a bit questionable, and it still is. It’s a journey that won’t end for a while because the evidence is still coming out,” he said, suggesting that there would be a need to investigate unspecified irregularities.

The USDP chair beat his NLD rival in Naypyitaw’s Zeyathiri township by a margin of more than 5,000 votes, in a result has been confirmed by the Union Election Commission (UEC).

 

 

Elsewhere, however, the party performed far more poorly than expected.

USDP candidate Thaung Aye, the incumbent MP for Pyawbwe township in Mandalay, told Myanmar Now that his loss against the NLD candidate was “unbelievable”.

“Everyone’s feeling bad that I lost. And they’re surprised. Some people can understand the USDP losing in some places, but they’ve said they can’t believe the results in Pyawbwe. I can only assume it wasn’t fair,” he said.  

The results for the Pyithu Hluttaw constituency in Pyawbwe have been confirmed by the township election commission.

However, Thaung Aye said he himself has not signed off on the results and on Monday urged party members to challenge the outcome.

He added that the USDP was investigating allegations that the total number of votes cast at some polling stations exceeded the number of eligible voters.

“As of now, there are two or three polling stations that had this problem. We can only elaborate on the details later. If it’s true, we’ll object. This isn’t something we’ll just accept,” he said.

Zaw Min, the secretary of the Yamethin district election commission, which includes the township of Pyawbwe, told Myanmar Now there had been no such complaints or objections.

Tonzang township, in Chin state’s Falam district, reported the sort of discrepancies between the voter list and the results that Thaung Aye refers to, but the issue was soon resolved.

Falam district election commission chair San Tun told Myanmar Now that the voter list was inaccurate at the time of compiling it, but the results and turnout were confirmed to be accurate in front of responsible parties on Tuesday morning.

Kyaw Zeya, the vice-chair of the People’s Pioneer Party (PPP), which failed to win a single seat in the election, also said there were many reasons to object to the election results.

Political candidates and observers were allowed to use the parties’ logos at the polling stations, and only the NLD seemed to be aware of the opportunity to campaign at the last minute due to the lateness of an announcement by the UEC, he said.

There were also other issues, he added, including multiple cases of inaccurate voter lists, prolonged waits at polling stations, and the poor quality of the paper used for ballots and envelopes, all of which could affect the image of a free and fair election.

“There will be a PPP central executive committee meeting tomorrow. We’ll definitely be discussing these issues. We’ll know what to do as a party after the meeting,” said Kyaw Zeya, who lost out to an NLD candidate in Amyotha Hluttaw constituency (11) in Yangon.

“These allegations should have evidence. If there is evidence, we can solve it under the law,” said NLD spokesperson Dr Myo Nyunt

Dr Nyo Nyo Thin, who contested Amyotha Hluttaw constituency (9) in Tanintharyi region as an independent candidate, also said the election could be deemed unfair.

“Some people say that my name wasn’t on some ballots,” she said, adding there was no way to prove it. She plans to write a report on the election’s injustices. 

Ko Ko Naing, director-general of the printing and publishing department under the Ministry of Information responsible for the printing of ballots, told Myanmar Now it was impossible to leave a candidate’s name off the ballot.

“UEC officials are present when the ballots are being printed. We turned in the exact number of ballots. There’s no way this is possible. We have records of the number of ballots that had errors while being printed. The police also provided security from the start of the printing date to the end of the election,” Ko Ko Naing said.

Myanmar Now reached out to the UEC to ask about the various parties’ claims of election-related issues, but there has not yet received a response.

NLD spokesperson Dr Myo Nyunt told Myanmar Now that making such allegations without providing evidence was not appropriate.

“These allegations should have evidence. If there is evidence, we can solve it under the law,” he said. He added that the NLD also received reports of election fraud, such as the use of forged stamps and double voting.

According to results reported by UEC branches nationwide, the NLD had won a total of 399 seats in parliament as of the morning of November 10, more than the 322 it would need to form a government, Dr Myo Nyunt confirmed.

In the days since the election was held, Russia and Japan have released statements welcoming Myanmar’s success in holding a free and fair election.

Nyan Hlaing Lin is Senior Reporter with Myanmar Now

Min Min is Naypyidaw-based reporter with Myanmar Now.

Announcement came as court postponed the 82-year-old’s third hearing, meaning his request for bail on health grounds was not considered 

Published on Mar 19, 2021
Win Htein arrives for the opening ceremony of the second session of the Union Peace Conference in 2017 (EPA-EFE)

Detained National League for Democracy party stalwart Win Htein is to be tried by a special tribunal of two judges following an order from the military-controlled Supreme Court, his lawyer said on Friday. 

“It was just one judge before, and now there’s two,” Min Min Soe told Myanmar Now. 

“District judge Ye Lwin will serve as chair, and deputy district judge Soe Naing will be a member of the tribunal,” she added.

Win Htein faces up to a 20-year prison sentence for sedition under section 124a of the Penal Code.

His third hearing, scheduled for Friday, was postponed, with the court citing the internet shutdown as the reason because it made video conferencing impossible, Min Min Soe said.

“The arguments will be presented at the next hearing, we applied for bail but since they’re setting up a tribunal for the lawsuit, that will be discussed at the next hearing as well,” she said.

At the second hearing on March 5, Win Htein requested an independent judgement, a meeting with his lawyer, and bail due to his health issues, but the court said those requests would be heard on March 19.

Win Htein, 82, uses a wheelchair and suffers from breathing problems that means he often requires an oxygen tank. He also suffers from diabetes, high blood pressure, hypothyroidism and benign prostatic hyperplasia. 

Min Min Soe was allowed a brief call with her client on Friday to tell him that his hearing had been postponed until April 2.

Aye Lu, the chair of the Ottara district administration council in Naypyitaw, is the plaintiff in the lawsuit against Win Htein. Ottara district is where the NLD’s temporary headquarters are located. 

Aye Lu filed the charge on February 4 and Win Htein was arrested that evening at his home in Yangon. He has been kept in the Naypyitaw detention center and denied visits from his lawyers. 

He was detained after giving media interviews in the wake of the February 1 coup in which he said military chief Min Aung Hlaing had acted on personal ambition when seizing power. 

On Wednesday the military council announced that it was investigating Aung San Suu Kyi for corruption, on top of other charges announced since her arrest.

Many other NLD leaders, party members and MPs have been arrested or are the subject of warrants.

Kyi Toe, a senior figure in the NLD, was arrested on Thursday night in Hledan, Yangon.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Published on Mar 19, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

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A resident said armed forces used drones to monitor the crowd before opening fire on them

Published on Mar 19, 2021
Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men. 

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now. 

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained. 

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said. 

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses. 

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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