October 19, 2017

The REPUBLIC OF THE UNION OF MYANMAR UNION ELECTION COMMISSION NAY PYI TAW NOTIFICATION NO ( 7/2015 ) JULY 2015

(A translation of the Notification No. (7/2015) issued by UEC on 26 June, 2015)

Issuance of Procedures for International Election Observers in Observing the Hluttaw Elections

The Union Election Commission hereby issues this Election Observation Procedures in order for the international observers to participate in holding free and fair elections.

Chapter I
Title and Definition

  • Election means election of Pyithu Hluttaw, Amyotha Hluttaw and Region or State Hluttaw. In this term, according to the section 89 of the Hluttaw Election Laws, by-elections that are held due to an emergence of vacant seat during a term of General Election are also included.
  • Union Election Commission means Union Election Commission of the Republic of the Union of Myanmar.
  • Sub-commission means any of the following formed by the UEC.
    1. State or Region Election Sub-commission;
    2. Union Territory Election Sub-commission;
    3. Self-Administered Division or Zone Election Sub-commission;
    4. District Election Sub-commission;
    5. Township Election Sub-commission; (f) Ward or Village Tract Election Sub-commission.
  • Constituency means constituency for Hluttaw designated for respective Hluttaw.
  • State or Region means each State or Region of the Republic of the Union of Myanmar.
  • Voters List means the list of eligible voters developed for designated constituencies to be used in electoral affairs.
  • Polling Station Team means a team assigned by relevant Township Sub-commission concerned to perform the duty of taking collective responsibilities in connection with voting at a polling station within a constituency.
  • Presiding Officer means the person who supervises the Polling Station Team.
  • International Election Observer means international election observation organizations, international election organizations, and election observers from the foreign embassies and consulates, which are stationed in the Republic of the Union of Myanmar, registered at the Union Election Commission or respective Election Sub-commissions and have attained the letter of accreditation.
  • Electoral Observation is an official observation at every stage in the election of representatives for the Pyithu Hluttaw, Amyotha Hluttaw, Region or State Hluttaw.
  • Letter of Accreditation means the Letter of Accreditation issued to International Election Observers who have pledged to abide by the rules provisioned by the UEC.
  • Identification Card is a card issued to election observers, who have attained the letter of accreditation, as identification during their observation of electoral activities.

Chapter II
Criteria for Election Observers

  • International Election Observer shall be in line with the following criteria –
    1. Being non-partisan;
    2. Having transparent fund;
    3. Having registered to the Union Election Commission and being accredited by it;
    4. Performing the electoral observation activities in by abiding to the provisions in laws and rules;

Chapter III
Registration and Submission for Accreditation

  • International Election Observers, in order to get the permission to conduct election observation, shall fill out the registration form issued by the Union Election Commission or the registration form that can be downloaded from Union Election Commission’ s website, and submit it to the Union Election Commission to get registered and accredited.
  • The registration form is as mentioned in Annex (a).
  • Registration form can be submitted starting from the announcement of Election Day by Union Election Commission until 15 days before the Election Day.
  • International Election Observers planning to conduct long-term observation activities, as outlined in Chapter XII, shall agree on and sign a Memorandum of Understanding with the Union Election Commission, before their submission of the registration form.

Chapter IV
Documents to be Attached with the Registration Form

  • International Election Observers shall attach the following documents in submitting their registration forms:
    1. organization’ s profile;
    2. names and the number of members;
    3. list of observers that will be deployed to each Region/State;
    4. states or regions where the election observations will be conducted and the work plan of the activities;
    5. name, address and occupation of observer’ s guarantor including two recent colored passport size photographs;
    6. statement letter of the election observation organization’ s source of fund signed by the Head of that organization;
    7. the recommendation letter about the International election observation experience issued by the respective election observation organization that gave the permission or by the foreign government that gave the permission;

Chapter V
Scrutinizing the Submission and Granting

  • The Union Election Commission shall scrutinize the applications which have been submitted to them in the following ways:
    1. to scrutinize the documents submitted by International Election Observers within 3 days from the moment they are received;
    2. to examine whether all necessary documents are submitted or not;
    3. to observers whose submissions have inadequate documents shall be given 5 days after they have received the notification letter to complete the documents.
    4. to respond within 7 days after examination of the complete applications.
  • The Union Election Commission can either accept or reject the submissions of the International observers. The eligible International Election Observers that meet the criteria mentioned in Chapter 2 shall be accepted, the letter of accreditation shall be issued for them and the respective Sub-commissions shall be informed.
  • If the Ministry of Foreign Affairs, the Republic of the Union of Myanmar, sends the list of diplomats or members of consulates from foreign embassies in Myanmar who wish to observe the elections, the Union Election Commission shall register them and inform to the relevant Sub-commissions.

Chapter VI
Issuing Letter of Accreditation and Identification Card

  • The Union Election Commission shall issue the letters of accreditation { Annex B land identification cards to International Election Observers who were granted accreditation. In withdrawing the Identification Cards, a signed Observer Pledge of each member shall be submitted.
  • The International Election Observer Identification Card is as shown in Annex (C) and the background color is yellow.
  • The Identification Card for election observers from foreign embassies and consulates in Myanmar is as shown in Annex (D) and the background color is green.

Chapter VII
Requirements on Identification Card

  • The International Election Observers Identification Card shall contain the following information:
    1. date and number of identification card;
    2. name of the observer;
    3. Nationality and passport number;
    4. name of organization;
    5. expiry date;
    6. 1 color-photograph of the observer;

Chapter VIII
Letter of Accreditation’ s Period of Validity

  • International Election Observers shall conduct the electoral observation activities once they receive the official letter of accreditation issued by the Union Election Commission.
  • If it is requested in the submission that the observer wants to observe all stages of the election process, the letter of accreditation’ s valid period is from the moment it has been issued to the moment that the elected Hluttaw Representative has taken the oath at the Hluttaw.

Chapter IX
Geographical area of Electoral Observation

  • International Election Observers shall conduct their observation only in the designated geographical areas proposed in the observation plan submitted to Union Election Commission.

 Chapter X
Rights, Obligations and Codes of Conduct for Election Observers

  • International Election Observers who have attained the letter of accreditation have the following rights:
    1. legal protection and security of the Republic of the Union of Myanmar;
    2. the right to observe and to have access to the information on the Election process;
    3. the right to observe voting, vote counting and developing the voting results;
    4. the right to observe in the polling station; (report to the Presiding officer and comply with his arrangement because he is performing his responsibilities.)
    5. the right to use equipment to record the election process except in polling station;
    6. Freedom of movement for International Election Observers, according to the observation plan submitted to the Union Election Commission.
    7. The right to inform to each election Sub-commissions supervising the elections if the unlawful conducts in election are discovered.
  • International Election Observers who have attained the letter of accreditation have the following obligations:
    1. to respect and acknowledge the sovereignty of the Republic of the Union of Myanmar and to follow the laws and bylaws;
    2. to report to Union Election Commission and each Election Sub-commission concerned;
    3. to use the identification card throughout the observation;
    4. to bear all costs of the observation;
    5. to respect the role, rank, duty, and authority of electoral officials;
    6. to respect local customs and culture;
    7. to observe transparently and without bias;
    8. to ensure the accuracy of electoral information submitted by Election Observation groups;
    9. to report the final result of electoral observation to Union Election Commission that issued the letter of accreditation.
  • International Election Observers who have attained the letter of accreditation shall abide by the Code of Conduct issued by Union Election Commission.

Chapter XI
Penalties for Election Observers

  • If the Election Sub-commission files a report, Union Election Commission has the right to revoke the status and rights of the election observer who violates the duties, codes of conduct and prohibitions provisioned in Section (30) and (31).
  • If someone wants to complain about the Election Observers’ violation on obligations, Code of Conduct and prohibitions, the full address of the complainant is to be clearly mentioned, and the letter is to be signed on and to be submitted to the Township Election Sub-commission.
  • If the violation is found out to be true after being inspected by the Township Election Sub-commission, the matter is to be reported to the UEC that issued his/her accreditation letter.
  • The Union Election Commission can take the following actions after inspecting the report submitted by the Election Sub-commission and finding it out to be true.
    1. f the violation is carried out by a member, his/her Observation Organization shall be informed to revoke that observer’ s permission to observe.
    2. If the organization does not carry out such order, the permission granted to this organization to observe shall be revoked.
    3. If the violation is carried out by the election Observation Organization, the permission granted this organization to observe shall be revoked.

Chapter XII
Stages of Election Allowed to be Observed

  • Election observers can observe all stages of the election process in accordance with the laws, including:
    1. Electoral laws, Bylaws, Regulations, Orders and Instructions;
    2. Designation of Constituencies;
    3. Voters Information and Developing of Voters List;
    4. Submission, scrutinizing and revoking of Hluttaw Candidates;
    5. Announcement of Hluttaw Candidates;
    6. Printing of Ballot Papers;
    7. Period of Campaigning;
    8. Silence period;
    9. Advance Voting;
    10. Voting, Vote Counting and Developing the List of Vote Results;
    11. Election expenses of Political Parties and Candidates;
    12. Announcement of Election Results and the List of Hluttaw Representatives;
    13. Holding Trials of Electoral Complaints and the Making Decisions

Chapter XIII
Election Observation Report

  • International Election Observers shall report the results of their observation to the Union Election Commission that issued the letter of accreditation.
  • The report shall be submitted within 60 days after the observation.
  • The final election observation report should be written as accurately as possible based on facts and evidences.

Chairman
Union Election Commission


Annex (A)

Request of Accreditation for Election Observation Group

  1. Name of the Election Observation Mission:__________________________________
  2. Address:__________________________________________________________
  3. Telephone:__________________________________________________________
  4. Principal Officers:____________________________________________________
  • President/Chairperson:___________________________
  • Secretary General:_________________________________
  • Head of Mission (in cases for embassies):____________________
  1. Person authorized by the election observation group to liaise with the Commission Headquarters:
  • Name:___________________________
  • Position:_______________________________
  • Address:_______________________________
  • Telephone: _________ Email._______________________________________
  1. Summary of the mission statement of the election observer group, including the election activities it intends to observe (Mission statement attached)
  1. Names and contact details for the persons authorized to represent the election observation group and liaise with the Union Election Commission and the different levels of Sub-commissions:
State/Region Name Title Contact Details
(Phone, Email, etc)
 

 

 

  1. Estimated number of observers that the observer group plans to deploy to observer the Process:                                                           
  1. The proposed observer list is attached.
  2. I affirm that the nominated observers shall adhere to the laws of Myanmar, the Code of Conduct for Election Observers, and such other instructions issued by the Union Election Commission.

 Responsible Person

Constituency:________________________ Election Observation Group:___________________

Name and telephone number of person submitting this list of election observers: _______________________________________________________________________________________________

(Note: This must be the person authorized by the election observation group accredited to the Union Election Commission and the respective Election Sub-commission)

List of Nominated Observers:

No Name Nationality Passport number Telephone Planned
Location of
Observation
 
 

I pledge that the nominated observers shall abide by the laws of Myanmar, the Code of Conduct for Election Observers and other instructions issued by the Union Election Commission.

Responsible Person


Annex (B)

The Republic of the Union of Myanmar
Union Election Commission
2015 General Election
(No…………. , Date……….. )

This Accreditation Letter is to grant the following Election Observation Organization to observe in 2015 general elections.

Name of the Organization  : …………………………………………………………………………………………………………………………

Address  :…………………………………………………………………………………………………………………………

Responsible Person  :………………………………………………………………………………..

To Contact  : Phone…………………………..  Email ……………………………………….

Location of Observation :………………………………………………………………………………..

Expiry Date :………………………………………………………………………………..

Chairman
Union Election Commission


Annex (C)

Identification Card for International Election Observers
(Yellow)IMG 1

Identification Card for Foreign Diplomats in Country
(Green)IMG_2

[to be printed on the back of the ID Card ]

For the Election Observers to Abide by

  1. To respect and acknowledge the sovereignty of the State and to comply with the laws and bylaws. B. To display the ID card throughout the observation.
  2. To respect the local custom and culture.
  3. The accredited election observers shall comply with the Code of Conduct for election observers issued by Union Election Commission.

Annex ( E)

Observer Pledge

  1. I will observe the election scheduled on… …… (Year), ….. (Month), …..(Day).
  2. I am not the agent or member of any group or party standing in the elections.
  3. I will conduct the impartial, unbiased and accurate observations by complying with this Code of Conduct, and I don’ t have any political and financial interest that can obstruct the election.
  4. I have read and understood the Code of Conduct for Election Observers issued by Union Election Commission, the Republic of the Union of Myanmar. I hereby pledge to abide by these codes and to comply with them.

 

Sign:     …………………………………

Name: ………………………………….

Date:     ………………………………..

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