7 December 2020
1. The 9th paragraph of statement number 5/2020 (dated 6-11-2020) and the 4th paragraph of statement number 6/2020 (dated 9-11-2020) of the Democratic Party of National Politics (DNP) say that Union Election Commission (UEC) Chairperson U Hla Thein and UEC members, officials of Election Sub-commissions (all-levels) and relevant Quarter/Village Election Sub-commission Chairpersons and members failed to perform their duties imposed by laws under Section 399 (h) of the Constitution and Section 10 (m) of the Union Election Commission Law. The statements say it is a violation of Section 130 (a) of the Penal Code because it was a deliberate omission of necessary actions to be taken; it is also a violation of Section 120 (a) of the Penal Code because two or more persons are committing an illegal act; it is also a violation of Section 471 of the Penal Code that says whoever fraudulently or dishonestly uses as genuine any document which he/she knows or has reason to believe to be a forged document; casting forged ballot papers into the ballot box violates Section 59 (j) of the relevant Election Law.
2. Chapter 13 and 14 of the relevant Hluttaw election laws and their applicable by-laws determine who has the right to take which actions against electoral frauds. By doing in line with the provisions, anyone can get the protection of the law.
3. All UEC officials and other election officials who conducted the election processes respect and adhere to the Constitution, existing laws, Hluttaw Election Laws and by-laws. Section 402 of the 2008 Constitution says that the resolutions and functions made by the Union Election Commission on the electoral matters shall be final and conclusive. Section 86 of relevant Hluttaw Election Laws says no court has jurisdiction on the acts and decisions in line with Hluttaw election Laws made by the Commission and Sub-commissions at various levels.
4. Regarding alleged electoral frauds, the Democratic Party of National Politics (DNP) should take actions only in accordance with the relevant Hluttaw Election Laws and by-laws. But writing like that in their statements is a threat to election officials and a disturbance to the election officials’ decisions. Moreover, it is found that the political party fails to obey the Constitution, existing laws, relevant Hluttaw Election Laws and by-laws, and Political Parties Registration Law and by-laws.
Union Election Commission