Analysis of the Burmese Military Junta's Referendum

Analysis of the Burmese Military Junta's Referendum

Guest Column by Thaung Tun

(The views expressed are those of the author)

The Burmese generals, ignoring widespread human suffering caused by cyclone Nargis and rejecting the appeal of the UN Secretary-General went ahead with the constitutional referendum in the midst of the humanitarian crisis. The referendum was held in the whole country on 10 May with the exception of townships affected by the cyclone in Rangoon and Irrawaddy Divisions.

Even before the referendum was held, public service personnel and members of the armed forces, the Union Solidarity and Development Association, fire brigade and the national Red Cross were told that since they might have to travel on duty on the day of referendum, they needed to vote in advance. All these voters were made either to vote in the presence of or to hand over their completed ballot cards to the authorities, leading them without option but to support the constitution. The advanced voting took place in army battalions, government offices, and state-owned factories through out the country in April and May.

The informal network of The Burma Fund that monitored the referendum on 10 May presented their findings:

The general atmosphere on 10 May was quite different from that of the general elections in 1990. People then were enthusiastic and long queues could be seen at the polling stations as people were eager to vote. A festive mood prevailed then because people believed that their votes would bring about democratic changes in Burma. Not too many voters were at the polling stations this time round and at times, there were more guards than voters. People had looks of anger, fear and desperation without displaying any enthusiasm. Team members report about many polling stations closing early around 11:00 am even though the official closing time is only at 04:00 pm.
Even though the referendum law and rules and regulations governing polling station officials were promulgated by the military government, there were blatant violations of these legal rulings.
Polling station officials in many areas were local authorities. Furthermore, members of the military-backed Union Solidarity and Development Association and/or National Red Cross Society who were not official polling station staffs were deployed around poll stations. From time to time, they were seen to be accompanying voters into the polling booths and guiding them to vote "Yes".
In many regions, local authorities went from house to house the night before the referendum to collect advance votes from the local people. Voters were forced to tick ‘yes’ on the ballot in their presence. Polling stations were closed early and those came to vote were asked to either vote at the offices of the local authorities or return home because their votes had already been collected in advance.
Local authorities retained national identity cards and bank books from farmers (the bank books are needed for borrowing agricultural loans from government banks). The IDs and banks were returned to the farmers only after they had ticked "yes"" on the ballot cards in the presence of the local authorities at the local Peace and Development Council offices.
Polling station staff members were seen handing out ballot papers that had already been checked in favor the constitution. Voters were compelled to sign to register their presence and their pre-voted ballot cards placed into ballot boxes in front of authorities.
In some areas only one member of the household was asked to come to the polling station and forced to vote "yes" for all eligible voters in the family.
Local authorities went around village/town announcing through loudspeakers that those who voted against the constitution would face legal action and imprisonment of up to 3 years and a fine of 10,000 Kyats. Misinformation campaign about such legal action was launched in some regions to create fear among the uneducated and not well informed people in rural areas.
In many areas, NLD members insisted on joining the vote counting process as observers as required by law but they were denied. Heated arguments ensued and NLD members filed official complaints to the higher level referendum sub-commissions about the violation of referendum law and regulations.
Thakin Soe Myint, chairman of the Rangoon Division NLD Organizing Committee, and Joint Secretary Dr. Myo Aung were prevented from traveling to Hmawbi, Taikkyi and Tantabin Townships to observe the referendum. They were stopped by police at a tollgate near Hmawbi and forced to return to Rangoon without giving any reason. Three NLD youth members who informally observed the referendum were also arrested.
The referendum organized on 10 May was neither free nor fair and it violated all internationally accepted norms. The Burmese military and its agents manipulated the process using all available means. The Burmese generals are expected to announce an "overwhelming" result in their favor which was achieved through extensive fraudulent practices.

The report of the Referendum Watch is given as an Appendix.

(Dr. Thaung Tun is the Executive Director of The Burma Fund-UN Office. He can be reached at thaung.htun@gmail.com)

APPENDIX

REFERENDUM WATCH
Monitoring the SPDC’s Referendum in Burma
The Burma Fund-UN Office, 777 UN Plaza, 6^th Floor, New York, NY10017
Issue No. 2, May 12, 2008

Summary of Incidents at the Referendum on 10 May, 2008

Place	How	Source
Taunggyi	Voting on behalf allowed	BBC
Naypyidaw	Polling Station staff order voters to tick YES; Police stationed at polling stations frighten voters to vote YES	BBC
Taungup	Ordinary voters and opposition excluded from vote counting; 98% No in Chaungauk Ward Ballot Station No.2 but 60% made invalid	NEJ Mizzima
Akyab	Voting on behalf allowed; YES voting on behalf by Poll staff	NEJ
Maungdaw	Army, police and USDA guarding the entrance to Polling station ordering voters to vote YES; serial numbers on ballot sheets noted down to mark No voters	Narinjara
Kyaukbadaung	80 percent of voters forced to vote YES in advance; voting on behalf allowed; voters given ballot papers already ticked YES	NEJ Yoma 3
Rangoon, Mandalay, Pegu, Sagaing, Magwe divisions	Voters handed out ballot sheets already ticked YES; authorities sitting beside ballot boxes telling people to vote YES	Irrawaddy NLD-LA
Myingyan	USDA and Women's Affairs Federation seizing ballot sheets from voters and ticking YES; many voters forced to vote YES in advance; vote counting behind close door	Mizzima Yoma 3
Taungtha	Inferior ball pens placed in the booths so that when voters asked for good pens, the staff take the ballot paper and tick YES with their good pens	Mizzima
Bhamo Phankargone Village	Local authorities ordering voters to tick YES; voters not allowed to put their ballot papers in to the box but have to hand over to authority who put them into the ballot box; NO voters threatened with 7 years in jail	Mizzima
Zegon	Women's Affairs Federation getting inside polling booths to instruct voters to tick YES; USDA and authorities forcing voters to vote YES in advance	Mizzima
Myitkyina Khemarthiri Ward & other wards	Voters handed out ballot papers already ticked YES	Mizzima
Monywa	Most voters forced to vote YES in advance; voting on behalf allowed	Mizzima
Mandalay Than-lyet-maw Ward	Many voters found their names as voted in advance	Mizzima
Popa	Most voters forced to vote YES in advance; 'unreliable' voters forced to vote in front of ballot station in-charge	Yoma 3 DVB
Rangoon and Irrawaddy divisions	Military personnel ordered to vote in advance; township referendum sub-commissions told by Naypyidaw to get 90% YES votes	Yoma 3
Toungoo	Voters have to tick in front of ballot station in-charge; voting on behalf by authorities and ballot station staff allowed; many voters forced to vote YES in advance	Yoma 3
Minbu	Vote counting behind closed doors; No voters threatened with 3 years imprisonment and Kyat 100,000 fine	Ko Htike blog
Yenangyaung, Kyonpyaw, Bassein, Zegon, Thegon, Nattalin, Pegu, Hpa-an and Shan State	Voters forced to tick YES; ballot papers ticked YES by ballot station staff on behalf of voters; pre-ticked ballot papers given; no pens put in the booths so that ballot papers are handed to staff who then ticked YES and put in ballot boxes; YES voters told to vote in public view and NO voters told to vote inside booths; loud speakers announce NO voters would be punished with 3-years' imprisonment and K 100,000 fine	NEJ NLD-LA
Thayawaddy	Ballot stations closed at 11:00 AM with remaining voters forced to go to authorities' home to vote in front of them; ID cards and farmers bank account passbooks confiscated in return for YES votes	NEJ NLD-LA
Rangoon's four Townships	Prohibit monitoring by NLD officials	NEJ
Taikkyi	Voters handed out ballot papers already ticked YES	DVB
Hmawbi, Hlegu, Htandabin	Ballot papers already ticked YES; 3 NLD youth arrested for trying to monitor vote counting; voters forced to vote YES in advance; votes already cast in absence of voters; voting on behalf allowed	DVB NLD-LA
Pakokku Tawshauk and Kyetsha villages	Voters forced to vote YES in advance with village head ticking YES on behalf of them	DVB
Pakokku Htanaungon Village	No separate polling station with booths but voting at village chairman's house in front of him	DVB
Thayet cement factory	6 officers arrested for voting No; no vote counting	Inside NLD-LA
Aung Lan	Vote counting stopped prematurely after finding more No votes than YES	Inside
Min Hla Maing Wee	Latecomers forced to cast YES votes; vote count in excess of voter list	PYNG
Namkham villages	Vote count in excess of voter list; voting in public view; forced to vote YES; voting by Honaung Ward chairman on behalf of travelers and dead; civil servants' advance ballot papers include name and signature; voting in front of People's Militia; voting on behalf allowed; unreliable villages forced to vote YES in advance; referendum commission chairman ticking blank votes YES	PYNG SHAN
Lashio	Voting in front of ballot station in-charges; voting on behalf by ballot station in-charges	PYNG
Mongton	Polling station closed before all voters have finished voting	SHAN

INCIDENTS

Irrawaddy Division

Kyone Pyaw Township: Local authorities went around and announced that those who oppose against referendum can be subjected to 3 years imprisonment and 100,000 Kyats fine. Voters turn out is low and polls stations were closed at 11:30 a.m. Some just cast the plain votes without ticking any position.

In Kyone Pyaw Township: The officials in charge of polling stations filled out ballots ahead of the referendum, voting in favor of the constitution before voters received their ballots. Where officials did not have the opportunity to fill out the ballots ahead of time, they harassed voters even inside the polling booths. In some polling booths, there were no pens or pencils inside the polling booths to mark ballots. People were afraid of to ask for pens so they returned their ballots without casting a vote in favor or against the constitution.

Karen State
Hpa-an Township: The voters couldn’t find ball points or pencils, which were supposed to be inside the secure place at the polling booths, to mark on the ballot paper. As many of them were scared of to ask the authorities to get pencil, they cast a ballot paper without any mark. These votes are expected to become “yes’ votes or “void”.

In some areas, many people found that their names were noted as “voted” when they arrived at polling booths. In Myawaddy, people were to vote in front of security forces, police, USDA and Swan Arr Shin members.

Magwe Division
Yenangyaung Township: In the polling stations, polling officials told voters, “if you want to vote ‘Yes,’ vote here, but if you want to vote ‘No,’ you have to go inside the polling booth.” This caused confusion, and people did not know what to do.

Thayet Township: In the polling station of Yone Gyi Quarter, six people from Thayet Cement factory were arrested for casting a ‘No’ vote. They were forced to give officials their names, addresses, and personnel details. The Commission also sent ballot boxes to the Magway Division office in Magwae without counting the votes in front of the last 10 voters at the polling station.

Aung Lan Township: In the polling station of Zay Gone Quarter, people who wore ‘Vote No’ T-shirts were forced to take off their shirts. In Sanchaung quarter, seven (7) people were arrested as they distributed ‘Vote No’ pamphlets. U Toe Lone, Chairman of the Quarter Peace and Development Council, took ballot boxes to Magway town without counting them in front of the last ten (10) voters at the polling station.

Min Hla Township: In Min Hla Township, polling booths were closed at 2:00 PM, instead of 4:00 PM. Members of sub-commission forced personally to the voters to cast a “yes” vote in many booths. In some polling booths, USDA, Swan Arr Shin, Police, Fire Brigade and Women Affairs Association members welcomed the voters, treated them with food and drinks and asked them to vote for the constitution. At a polling booth, where 412 people voted, the pooling booth staff invited ten people and three commission members to witness the counting. In the first five minutes of counting, they found 15 votes in favor, 37 votes against and 1 vote void. Then, they stopped counting the remaining votes and asked all to leave. Similar situation happened in other Townships in Bago Division, such as Paung Te, Nattalin, Kyobingauk, Zee Gone, etc. Many people were unable to vote as polling booths were closed early. Many polling booths didn’t provide a secure place to make their mark.

Phkokku Township: Tawshout Village: There are 14 polling booths in Myitchae Township. At the night of 9 May, U Thein Htaik Chairman of the VPDC, Tawshout village, asked the villagers to give advanced votes and forced them to vote yes and signed the ballots house by house. When remaining voters came on May 10 to the polling booths, he told them no longer necessary to vote and asked them to go back home. He ticked ‘yes’ to all votes of them and put into ballot box by himself. The polling booth was closed at 7:00 a.m.

Kyetsha Village: U Sein Hla, Chairman of the VPDC, ticked yes to all votes by himself at the night of 9 May and put in the ballot box. He asked voters coming to the polling station to go back home and closed the station at 7:00 a.m.

Tai Chae and Myoma Village Tract: The practice in that area was free and fair. There was no threat to voters.

Htanaungkone Village: People could give votes. But, there was no construction of polling booth which could guarantee secret voting. The house of the village PDC was used as the polling station and voters were asked to vote in front of the Chairman.

In Sa Lin and Yay Nan Chaung Townships, officials in charge of polling stations filled out ballots ahead of the referendum, voting in favor of the constitution before voters received their ballots. Where officials did not have the opportunity to fill out the ballots ahead of time, they harassed voters even inside the polling booths. In some polling booths, there were no pens or pencils inside the polling booths to mark ballots. People were afraid of to ask for pens so they returned their ballots without casting a vote in favor or against the constitution.

Mandalay Division
Mandalay: Big crowd of voters were not seen like in 1990 general elections. It may be due to advanced votes taken from civil servants and old aged persons before May 10.

Majority voted for No. The atmospheres around poll stations were free and safe.

After voting, U Ko Ko Gyi, Township Organizing Committee of the NLD asked in charge of poll station to allow him observes the vote counting. In Charge replied that he would be called when there was voting. When he went in the evening, counting was finished and he did not get the opportunity to observe.

Kyauk Padaung Township: Advance votes had been taken on 9 May and majority of voters voted in favor as it was watched by local authorities. On May10, there was no interference by authorities and voters can cast vote freely.

Poppa: The advanced votes were taken since 7 May and ballots were filled up in front of authorities. On 10 May, poll stations were closed early at about 10:00 a.m. There were threats that those who gave vote no could be subjected to three years imprisonment and 100,000 Kyats fine.

Mattaya Township: Staffs of the poll station followed into the voters room and forced to vote in favor. In some cases, staffs at the registration desk issued ballots who have been ticked in favor. A number of advanced votes were taken since 7 days prior to 10 May. Some were asked to sign the registration form and did not even see the ballot. [DVB Interview with U Khin Maung Than (NLD), May 10, 2008)

Pegu Division
Tharrawaddy Township: The authorities seized national identity cards and Bank Books of Farmers from people after they had voted and only returned the card to those who voted ‘Yes.’ Members of the Union Solidarity and Development Association (USDA) and Ward/Village Peace and Development Council positioned themselves around the polling station while they were open, and even though they were not officially allowed to, some members even went inside the polling stations and forced voters to cast ‘Yes’ votes.

At Kanphyu village, school teachers were appointed as staffs of poll stations.

They showed how to vote and asked all voters to vote in favor.

At Dawtama village, U Thein Cho (Teacher) in charge of the Poll Station and U

Hla Soe (VPDC) forced voters to vote in favor and asked them to cast in the ballot box in front of them.

At Kyungone village tract, U Tin Kyaing (VPDC) filled ballots by himself and closed the poll station at 11:00 a.m.

At Taingalay village, U Myint Htwe, Chairman of VPDC confiscated national IDs and Bank books of villagers. These were given back to those who signed in voters’ registration list. Ballots were filled in by him.

Such kind of taking yes votes in f happened in Namti (Shan State), Yaenanchaung, Salin, Kyonepyaw, and Zeegone and Natalin in Pegu Division.

Naung Lay Bin Township: Staff members used illegal means to obtain votes in favor. They signed on behalf of voters in the voters’ registration list and casted votes in favor by themselves. During the crowded period between 6:30-8:00 am, voters were asked to leave tokens that were given to withdraw votes and later, staffs voted in favor on behalf of them. At poll stations in villages, USDA members sat inside voter’s room and forced voters to tick in favor of the constitution.

In The Gone, and Nattalin Township officials in charge of polling stations filled out ballots ahead of the referendum, voting in favor of the constitution before voters received their ballots. Where officials did not have the opportunity to fill out the ballots ahead of time, they harassed voters even inside the polling booths. In some polling booths, there were no pens or pencils inside the polling booths to mark ballots. People were afraid of to ask for pens so they returned their ballots without casting a vote in favor or against the constitution.

Rangoon (Yangon) Division
Hmaw Pi Township: In Quarters 1, 2, and 3, of Hmaw Pi, the ballots were already ticked ‘Yes’ before provided to voters. Voters were then allowed to put these already marked ballots inside the ballot box. In other Quarters, when voters received their ballots, officials had voters sign and then forced them to vote at the registration table while threatening voters by telling them that officials knew how they voted so that they had to vote “Yes”.

The day before the referendum in Hnaw Kone Kyaing Pite village, the Chairman of Ward Peace and Development Council, the Secretary, and the Secretary’s nephew brought the ballot box to each house with ballots already ticked ‘Yes’ and forced people to cast votes in front of them.

A civil servant from Phoo Gyi Water Providing Project went to the polling station but his ballot had already been cast. In Hmay Pi and Hle Gu, one family member could vote for other members of his or her family.

In Quarter 2, when Ma Nyein Aye registered to vote, Commission officials told her to vote for her mother also. She refused to vote for her mother explaining that her mother would cast her own vote. Ma Nyein Aye then cast a ‘No’ vote.

Then officials asked for her name and address for interrogation. In the Brick Making Factory, the factory manger forced 100 workers in the factory to cast ‘Yes’ votes, but there was one ‘No’ vote among the list. Because there was one ‘No’ vote, the factory manager said he had to pay a 100,000 kyat fine for that.

In a Plastic Factory, workers were forced to sign the registration sheets. For signing, each person was given 3000 kyat and was told that chicken eggs would come later for them. However, workers were not satisfied, as they were not allowed to cast a vote.

In Lat Ngote Chaung, Naut Chaing village, when people registered to vote, they were asked to vote 'yes'. When Naw Ohn Hla, a woman activist who is forced to stay in Hmaw Pi, went to that polling station, she was also asked to vote 'yes'.

She refused to vote 'yes' telling she would vote what she liked. And in the afternoon, she went to the polling station again, and helped people find their names in registration list. A person with civilian dress came to her and forced her to go away, when she asked who he was, she realized that he was from Hmaw Bi military post.

Hle Gu Township: In Zeepin Gone Att Kwe village, people were forced to cast a vote called a “representative vote” for other family members. One family member could vote for every other family member.

Blocking leaders of NLD to observe Referendum: When Thakhin Soe Myint and Dr. Myo Aung from the NLD Headquarters went to Hmaw Pi Township to observe the polls, the Police and Special Branch prevented them from going further than the toll gate in front of Hmay Pi. They were forced to get off from the public transportation bus and taken back to eight (8) mile junction, where they had started their trip.

Shan State
In Kali, Kunhing Township, Shan State South, where few voters turned up, one polling officials was quoted as saying, “The less they come, the more we can put ticks (symbol showing support for the draft charter)”.

At Nakawngmu, Mongton Township, Shan State East, the polling booth was closed before 10:00 after less than 100 voters out of more than 3,000 eligible voters turned up. A young military officer was overheard telling a voter who came after the closure: “It doesn’t matter at all whether we are voting or not. What matters is that whether the draft is defeated or approved, the generals will continue to boss us around.”

In Namkham Township, Shan State North, U Myo Thu, the township referendum commissioner, was found ticking blank ballots papers.

Sagaing Division
In Monywa, officials in charge of polling stations filled out ballots ahead of the referendum, voting in favor of the constitution before voters received their ballots. Where officials did not have the opportunity to fill out the ballots ahead of time, they harassed voters even inside the polling booths. In some polling booths, there were no pens or pencils inside the polling booths to mark ballots. People were afraid of to ask for pens so they returned their ballots without casting a vote in favor or against the constitution.

Sources:
Democratic Development Committee of the NCGUB, http://www.ncgub.net/
BBC (Burmese), http://www.bbc.co.uk/burmese/
DVB, http://www.dvb.no/
Mizzima, http://www.mizzima.com/
Narinjara, http://www.narinjara.com/
SHAN, http://www.shanland.org/
Yoma 3, http://www.yoma3.org/
Ko Htike Blog, http://www.ko-htike.blogspot.com/