Wednesday, 10 March 2010

Election Commission Law in English

Tuesday, 09 March 2010 13:36 Mizzima News
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The following is the unofficial translation of the Election Commission Law by the Burmese regime dated 8 March 2010. Though the junta published the election commission law in Burmese in state-run newspapers, no English version has been published so far. Mizzima translates it.

Union Election Commission Law

(State Peace and Development Council Law No. 1/2010)

9th Waning Day of Tabaung, 1371 ME)

(8 March 2010)


State Peace and Development Council, as provided in Article 443 of Constitution of the Republic of the Union of Myanmar, hereby enacts the following Law, to form the Union Election Commission, for supervising political parties, and supervising people in exercising their right to stand for election and exercising their franchise.

Chapter 1

Title and Definition

1. This Law shall be called ‘Union Election Commission Law’.
2. The following expressions in this Law shall have the following meanings.

a. Hluttaw means
2. Pyithu Hluttaw (Lower House)
3. Amyotha Hluttaw (Upper House)
b. Region Hluttaw or the State Hluttaw (Assemblies in States and Self-administered regions)

2. Hluttaw Representatives (Member of Parliament) mean Representatives elected to a Hluttaw and Representatives being the Defence Services personnel nominated by Commander-in-Chief of Defence Services.

c. Election means Phithu Hluttaw election, Amyotha Hluttaw election and Region Hluttaw or State Hluttaw elections.
d. Constituency means the constituencies for Pyithu Hluttaw constituency, Amyotha Hluttaw constituency and Region Hluttaw or State Hluttaw constituency stipulated and prescribed by Election Commission as provided by the Law.
e. Voters’ List means the list of eligible voters compiled and prepared for each constituency.
f. Commission means Union Election Commission formed as provided by this Law to supervise elections and to supervise political parties.
g. Different levels of Commission means as follows:

2. Naypyitaw Sub-commission

2. Region or State Sub-commission
3. Self-administered Division or Self-administered Zone Sub-commission
4. District Sub-commission
5. Township Sub-commission
6. Ward or Village-tract Sub-commission

h. Political Party means the political organization formed in accordance with the Political Parties Registration Law.

i. Electoral Court means the body formed in accordance with this Law to hear the objection made to electing and appointing of the Leading Bodies of Self-Administered Areas and objection made to electoral disputes.

Chapter 2


3. State Peace and Development Council shall form the ‘Union Election Commission’ to supervise the conducting of First Hluttaws Elections and to supervise the political parties.
4. The Chairman and members of Election Commission shall be

a. Persons who have attained age of 50 years.

b. The persons to whom State Peace and Development Council deems to having a good reputation among the people.
c. The persons having dignity, integrity and are well-experienced.
d. Having loyalty to State and its citizens.
e. Non-member of any political party
f. Drawing no salaries, allowances, perks and persons who are not holding any office.

5. If the Chairman of Commission or member of commission wants to resign from their posts voluntarily, they can resign from their posts by tendering their resignation letter(s) to State Peace and Development Council.

6. If a post of Chairman or member of Commission is vacant due to voluntary resignation, or cease to be member of Commission or any other cause, the State Peace and Development Council may appoint new member(s) to the vacant post(s). The term of the newly appointed Election Commission Chairman or member of said Election Commission shall be the remaining term of said Election Commission.
7. The term of Election Commission will expire on the date the President of Republic of the Union of Myanmar has formed a Commission in accordance with the ‘Constitution of the Republic of the Union of Myanmar’.

Chapter 3

Duties and Powers

8. The Duties and Powers of Commission are as follows:

a. Holding Hluttaw Elections

b. Supervising and order to supervise said Elections
c. Forming, order to form, supervising and order to supervise different levels of Sub-commissions
d. Prescribing and re-delineation of constituencies
e. Compiling voters’ list, order to compile voters’ list, Preparing voters’ list, order to prepare voters’ list
f. Postponing and cancellation of holding elections in constituencies due to natural calamities or security reasons which may hamper the holding of free and fair elections in said constituencies
g. Issuing certificate recognizing as being elected as a member of Hluttaw (to each elected person)
h. Forming Electoral Courts in accordance with the Law to hear the electoral disputes
i. Forming Electoral Courts to hear the objection made under the Article 276, Sub-article (h) of Constitution (of Union of Myanmar), against appointing of a person in the Leading Bodies of Self-Administered Division or Self-Administered Area
j. Appropriation and allocation of funds for the different levels of Commission and supervising and order to supervise the expenditure of these funds
k. Supervising, order to supervise and guiding the political parties to conduct their businesses in accordance with the law.
l. Performing any other function assigned by any other Law

9. The decisions and proceedings taken by Commission shall be final for the following matters:

a. Businesses regarding the Elections
b. Appeal cases and Revision cases against decision and orders handed down by the Electoral Courts
c. Businesses performed as provided by the Political Parties Registration Law

Chapter 4

General Provisions

10. All the expenses of Commission and different levels of Commission and expenses on holding election shall be borne by State Fund (Union Budget)
11. Commission may ask for necessary assistance(s) from the (government) department concerned, organization and personages in order to hold the elections successfully
12. The Commission and different levels of Commission formed under this Law shall succeed all the proceedings and businesses which are in progress or in pending of the Multi-Party Democracy General Election Commission
13. The Commission may make and issue necessary rules, procedures, notification, order and directive to perform the duties of implementing the provisions of this Law
14. Multi-Party Democracy General Election Commission Law (State Law and Order Restoration Council Law No. 1/88) is repealed and overruled by this Law.

Burma to call time on Wa army

Published: 9 March 2010

Burma’s largest ethnic army could be declared ‘unlawful’ by the ruling junta if it continues to refuse to transform into a border guard force.

A United Wa State Army (UWSA) official told DVB that the Burmese government had threatened to use force against the group, but added that the Wa would refuse to bow to its demands.

The conflict stems from the junta’s proposal to assimilate ethnic armies into the ruling State Peace and Development Council (SPDC) army command by designating them as Border Guard Forces (BGF). Under the proposal SPDC commanders would have control of BGF forces at battalion level.

Although the initial deadline for transformation expired at the end of last month, it has been extended until 10 March. During a meeting between former intelligence chief Ye Myint and UWSA leader Bao Youxiang, the SPDC reportedly warned that if they continued to refuse, they would face military action.

The meeting however ended with neither side able to agree on the issues of sovereignty pertaining to the border guard force and UWSA territory.

The UWSA had offered a nine-point counter proposal to the government last year, but the Wa official said this wasn’t accepted.

“Recently, we reduced our demands down to two and we are not getting any response either, so have prepared for the worst,” he said.

The last meeting between the two sides had preceded by several rejections of proposed talks in the town of Lashio, in Wa-controlled territory of Burma’s northeastern Shan state.

Bao Youxiang is said to be unwell, but there are also suggestions that he was concerned he would be assassinated if he met with the junta. On attending the 26 February meeting the Wa leader reportedly brought around 100 soldiers with him for security.

The former joint general secretary of the National Democratic Front (NDF) and Wa ally, known only as Mr Long, confirmed the escalating tension and told DVB that the Wa were ready to fight. “Now it is not only about defence,” he said.

Meanwhile, tension is also rising between the Burmese army and the Shan-based National Democratic Alliance Army (NDAA) after its chairman, Le Min Chin, failed to show for a meeting with Ye Myint on 25 February.

The NDAA’s secretary, Min Ein, was shot dead by unknown gunmen on 27 January.

Meanwhile, Kachin nationals have said that the Kachin Independence Organisation (KIO), which has also refused the border guard proposal, is stepping up military preparations on mountains and hills in their region.

A Wa official in Shan state’s Pangshang said that the Burmese junta wishes to clean off ceasefire groups along the China-Burma border by use of military force however, although this has not been approved by China.

Additional reporting by Joseph Allchin