On 8 November 2020, Myanmar held multi-party general elections to elect a total of 1,117 representatives at national and regional/state level parliaments. 161 members were elected to the Amyotha Hluttaw (upper house parliament), 315 to the Pyithu Hluttaw (lower house parliament), and an aggregate of 641 representatives to Myanmar’s 14 regional/state legislatures, including a number of reserved seats for ethnic representatives. 

Of the 38,271,447 registered voters, 27,512,855 (72%) voted in the 2020 general elections. Voting was held in more than 41,000 polling stations across Myanmar.

The UEC announced election results during the week after election day. Results gave victory to the National League for Democracy (NLD), which won 138 of 161 (86%) elected seats in the Amyotha Hluttaw, and 258 of 315 (82%) elected seats in the Pyithu Hluttaw. 

The military alleged election irregularities in the 2020 general elections and used it as pretext to justify their coup.  During the early hours of 1 February 2021, the military arrested the President, the State Councillor Aung San Suu Kyi, and many members of the government, Parliament and the Union Election Commission.  

The Carter Center stated it “did not find significant issues with the voter rolls in polling stations visited” on election day. Similarly, in response to the allegation of electoral fraud, twelve independent local observer organizations stated that despite the shortcomings “the results of the elections were credible and reflected the will of the majority voters.”

Under the Myanmar Constitution 2008 (for more election-related resources, click here) the military may only take power where there is a State of Emergency.

The coup conducted by the military on 1 February 2021 was unconstitutional for the following reasons:

1. The Triggering Event for a State of Emergency had not Happened:  Article 417 of the Myanmar Constitution states that a State of Emergency can only be called where there is a threat to the Union due to insurgency, violence or wrongful forcible means.  None of these had occurred prior to the coup or the calling of the State of Emergency.  The military claims that the President had refused to call a special session of Parliament to discuss voter fraud which was “wrongful forcible means”.  However, the refusal by the President was done in accordance with the Constitution and was neither “wrongful” or “forcible”. 
2. Only the President may Order a State of Emergency:  The military argue that the office of President was vacated because of his detention.  It is contrary to the Constitution to detain a person illegally to force a vacation of their office.  If a President is alleged to have breached the law, the only proper legal course of action under the Constitution is impeachment.  
3. The process set out in the Constitution to call a State of Emergency was not followed:  A State of Emergency can only be declared after consultation with the National Defence And Security Council (NDSC).  The alleged consultation was in breach of the Constitution because whilst the meeting was purportedly held on 1 February 2021 only half (the military appointees) attended.  Some of the members had already been detained.

The Sham Election is Invalid and part of the General’s Election Deception Narrative 

As the coup was unconstitutional, the military appointed government (State Administration Council) is illegal, including its appointment of the new Union Election Commission and all its laws and directives.  The military declared that the election was invalid, a declaration which itself was invalid.  

The military has had control of the ballots and documents since February 2021 but has provided no credible evidence of any election fraud.  

The International Institute for Democracy and Electoral Assistance published a Policy Paper in June 2022 concluding that the coup was unconstitutional, that the newly appointed UEC is illegitimate and that the only legitimate interim democratic institutions are the Committee Representing the Pyidaungsu Hluttaw (CRPH), the National Unity Government (NUG) and the National Unity Consultative Committee (NUCC).  

Actions by International Community 

The military are proposing an illegal election, following an illegal coup.

Their plan will not deliver a free and fair election according to any democratic standard.  

Instead, the military is attempting to ensure electoral success by:

1. The elimination or decimation of the NLD through the imprisonment and/or murder of many of its leaders.  At least 15 NLD members have died in custody, most as a result of torture or lack of medical attention. 
2. Hunting down the members of the NUG to remove any potential political opponents, most recently announcing on 27 July 2022 that there is a price on the head of each member of the NUG.
3. Crushing protests with unreasonable and lethal forcing, including committing many extra-judicial executions.
4. Continued assaults on ethnic areas in an attempt to wipe out ethnic political parties
5. Carrying out illegal judicial executions of political prisoners, including former MP Ko Zeyar Thaw and activist Ko Jimmy.

It is essential that the international community does not legitimize either the military or its sham election efforts.

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