1 | 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. 11

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