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THE JUNTA’S ELECTIONS ARE ILLEGAL
AND ILLEGITIMATE
The elections organized by the military junta will take place
under the framework of the 2008 constitution. This document
is fundamentally undemocratic, as it reserves 25% of all
parliamentary seats at the Union and state/region levels for the
armed forces of Myanmar (Tatmadaw), and grants them effective
veto power over any constitutional amendment.
This constitution was ostensibly adopted in a referendum held
just days after Cyclone Nargis made landfall in the Irrawaddy
delta, leaving devastation in its wake. Yet, the junta of the time
reported a voter turnout of over 98%, with more than 93% of
votes in favor. These results were widely seen as fraudulent and
nonsensical under the circumstances.
Even though the 2008 constitution was written and imposed by
the Tatmadaw to serve its own interests, Min Aung Hlaing and
the State Administration Council (SAC) have repeatedly ignored
and violated it. The overthrow of the elected government on 1
February 2021 and declaration of a nationwide state of emergency
failed to follow constitutional procedures and were therefore
illegal, as were all subsequent decisions by the SAC. The junta
also repeatedly extended the state of emergency beyond the
maximum period of two years permitted by Article 421 of the
constitution.
Most stakeholders in Myanmar have long considered the 2008
constitution null and void due to the military’s actions. On 31
March 2021, the Committee Representing Pyidaungsu Hluttaw
(CRPH) announced its abolition and proclaimed in its stead the
Federal Democracy Charter (FDC), which a People’s Assembly
then ratified in January 2022.
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