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2017 Myanmar By-Elections IEOM Report

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2017 Myanmar By-Elections IEOM Report 1 2017 Myanmar By-Elections: A Path to Myanmar’s 2020 General Election Final Report of the International Election Observation Mission (IEOM) of the 2017 By-Elections in the Republic of the Union of Myanmar 2 Written by : Ryan D Whelan, Dr. Aulina Adamy, Amin Iskandar, Ichal Supriadi, Chandanie Watawala Edited by : Ryan D Whelan, George Rothschild, Karel J Galang Layout by : Sann Moe Aung Book cover designed by : Sann Moe Aung Printer : Mr.Print (Design & Printing) Photos without credits are courtesy of ANFREL mission observers The Asian Network for Free Elections (ANFREL) 105, Susthisarnwinichai Road, Samsennok, Huaykwang, Bangkok 10310, Thailand. Tel: (+66 2) 26931867 Email : [email protected] Website : www.anfrel.org ISBN : 978-616-90144-61 2017, Yangon, Myanmar This report reflects the holistic findings of the ANFREL Observation Mission in Myanmar and does not necessarily reflect the opinion of any of ANFREL’s individual observers, staff, donors, or CSO partners. No institution, nor a person acting on its behalf, shall be held responsible for the information contained herein. Reproduction is authorised provided the source is acknowledged. 3 4 ACKNOWLEDGEMENTS The mission would like to thank the committed International Election Observers, whose hard work informed the production of this report. Their dedication to both their observation and our democratic mission is an encouraging sign for democracy’s continued growth in Asia. ANFREL is similarly grateful for the dozens of local staff members who generously gave their time and energy to make the mission a success, often having to overcome significant challenges encountered along the way. ANFREL would also like to thank the Union Election Commission of Myanmar, government officials, as well as candidates and representatives of political parties, civil society groups, and the media in Myanmar for the warm welcome and cooperation provided to ANFREL and its observers. ANFREL further extends its gratitude to the observation organizations for their generosity in sharing their observation experiences, techniques and frameworks. The generous support of the Norwegian Ministry for Foreign Affairs through the Royal Norwegian Embassy in Yangon, Myanmar, and the Swiss Federal Department of Foreign Affairs acting through the Embassy of Switzerland in Myanmar, played an indispensable part of the mission’s success. Their professionalism and respect for maintaining the utmost political neutrality provided ANFREL the freedom to be led solely by the findings of our observers in the field. The sustained dedication of all these groups to support Myanmar’s fledgling democracy continues to inspire. Saving the best and most important for last, ANFREL would like to express its deepest gratitude to, and admiration for, Myanmar’s voters, especially those from Election Related Organizations that contributed so greatly to the election’s success. They should know that they will always have the support and respect of ANFREL and all freedom- loving people in Asia and around the world for their efforts. 5 Contents Abbreviations and Myanmar Specific Terms ....................................................................... 7 ANFREL Profile ................................................................................................................... 9 Foreword .............................................................................................................................. 10 Executive Summary ............................................................................................................. 11 Introduction and Mission Overview Overview Recent Election ............................................................................................... 21 ANFREL Mission Profile ................................................................................................ 23 ANFREL’s Mission Preparation ...................................................................................... 24 By-Election Law & Administration Constitutional and Legal Framework .............................................................................. 26 Electoral System: By-Elections in Myanmar .................................................................. 29 Electoral Administration: The Union Election Commission (UEC) ............................... 31 Pre-Election Campaign Environment and Activities .......................................................................... 36 Voter List Update ............................................................................................................ 38 Registration of Parties & Candidates .............................................................................. 41 Voter Education ............................................................................................................... 42 Election Environment Role of Military and Security Situation .......................................................................... 46 Women’s Participation .................................................................................................... 52 Voters with Disabilities ................................................................................................... 58 Role of Civil Society, Access and Work of Observers, & Party Agents ......................... 60 Role of Media & Freedom of Expression ....................................................................... 62 Election Day Voting in Advance ........................................................................................................... 65 Election Day .................................................................................................................... 70 Disenfranchisement of Eligible Voters ............................................................................ 80 Post-Election Election Day Results ....................................................................................................... 82 Electoral Dispute Resolution ........................................................................................... 89 Recommendations .............................................................................................................. 93 2015 General Elections and 2017 By-Elections ............................................................... 99 Annex 1: Deployment Map ............................................................................................... 101 Annex 2: Registration of Candidates and Political Parties .......................................... 102 6 Abbreviations & Myanmar Specific Terms AESF Asian Electoral Stakeholder Forum Amyotha Hluttaw House of Nationalities ANDP All National Democratic Party ANFREL Asian Network for Free Elections ANP Arakan National Party CNDP Chin National Democratic Party CoC Code of Conduct CSO Civil Society Organizations DRI Democracy Reporting International EEOPs Election Education and Observation Partners EMB Electoral Management Body EMOs Election Monitoring Organizations ERCB Electoral Reform Coordination Body FPTP First Past the Post GAD General Administrative Department IDEA The International Institute for Democracy and Electoral Assistance IEO International Election Observers IEOM International Election Observation Mission IFES International Foundation for Electoral Systems IRI International Republican Institute MOFA Ministry of Foreign Affairs MILI Myanmar Independent Living Imitative MNCP Myanmar National Congress Party MNP Mon National Party MOU Memorandum of Understanding MPs Members of Parliament NCA Nationwide Ceasefire Agreement NDF National Democratic Force NDI National Democratic Institute NEMGs National Election Monitoring Groups 7 NGOs National Government Organizations NLD National League for Democracy NMF New Myanmar Foundation NUP National Unity Party PACE Peoples’ Alliance for Credible Elections Pyithu Hluttaw House of Representatives SNDP Shan Nationalities Democratic Party SNLD Shan Nationalities League for Democracy SPDC State Peace and Development Council SSAN Shan State Army-North SSPP Shan State Progressive Party Swiss FDFA Swiss Federal Department of Foreign Affairs Tatmadaw The Armed Forces of Myanmar UEC Union Election Commission USDP Union Solidarity and Development Party 8 ANFREL Profile Formed in November 1997, the Asian Network for Free Elections (ANFREL) has established itself as the leading NGO in Asia working on the promotion of democratic elections. ANFREL’s primary work is focused on election observation, developing and training civil society groups that are actively working on democratization in their home countries, and undertaking campaign and advocacy activities to address electoral challenges to foster democratic development in the region. Since its formation, ANFREL has covered 48 election observation missions across Asia with over a thousand Asian election observers participating in these missions. ANFREL draws its observers from a network of partner civil society organizations in Asia.1 Our long-term aim is to build expertise on elections and governance in the region, entrenching a culture of democracy that is locally developed rather than externally imposed. Through observing election administration internationally, our observers develop a strong understanding of international best practices – knowledge that can then be applied to strengthen electoral processes in their respective home countries. In addition to direct election observation programs, ANFREL also carries out training and capacity building programs
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