2010 Myanmar general election

Going into the elections, a debate emerged around whether Aung San Suu Kyi would be disqualified from contesting the elections under Article 59F of the new constitution, which banned from the Presidency any person whose spouse or children are foreign citizens.[8][9][10] The United Nations, members of ASEAN, and Western nations, however, insisted that the elections would not be credible without the participation of Suu Kyi.[11][12][13]

The National League for Democracy (NLD) had set a number of conditions for participating in the poll, including changes to the constitution to reduce the army's influence, international supervision for free and fair polls, and freeing all political prisoners including Suu Kyi.[14] Senior General Than Shwe, leader of the ruling military junta, has pledged to release political prisoners in an amnesty before the election, though he has not stated when this would occur.[15] On 11 August 2009, Suu Kyi was sentenced to imprisonment for three years with hard labour over a trespass incident. This sentence was commuted by the military rulers to further house arrest of eighteen months.[16] The NLD later announced they would not take part in the election due to the election laws.[17]

Key ministries including justice, defence and the interior will remain under the control of the military and under the 2008 constitution, a quarter of the 440 parliament seats will be reserved for the military officials.[18] People holding military positions are not permitted to contest the election;[19] as such, 20 members of the junta, including Prime Minister Thein Sein, retired from their posts to participate in the election.[20]

Parties are required to have at least 1,000 members to participate in the election and had to register by 6 June. 40 parties have been approved by the Electoral Commission to contest the elections,[32] some of which are linked to ethnic minorities.[33]

The National League for Democracy, which overwhelmingly won the previous 1990 elections but were never allowed to take power, decided not to participate. Nonetheless, some senior members have formed the National Democratic Force to contest the elections, claiming that a boycott would play into the hands of the government.[33]

The government has established the Union Solidarity and Development Party, the successor to the mass organisation Union Solidarity and Development Association, which claims to have around half the population as members. The National Unity Party, which contested the 1990 election as the main pro-government party and won 10 seats, has also registered to run. Reuters estimates that six parties in total are allied to the government.[33]

The new Democratic Party, established by Mya Than Than Nu, the daughter of former Prime Minister of Myanmar, U Nu and Nay Ye Ba Swe, the daughter of former Prime Minister Ba Swe, is aiming to take part in the election.[34][35] Mya Than Than Nu will run as General Secretary of the party.[36] Media coverage of the party has been banned by the military government.[37]

Another new party is being formed comprising members of a ceasefire group and a party that won seats in the 1990 elections. Five former members of the New Mon State Party (NMSP) and five members of Mon National Democratic Front (MNDF) together with five other Mon elites, who make up the new party, founded a 15-member committee and later announced that they are not going to participate in the upcoming election.[38]

The Shan Nationalities League for Democracy, a Shan political party that came second in the 1990 election, is participating in the election as the Shan Nationalities Democratic Party.[39][40]

The SPDC has not answered opposition calls to amend the 2008 constitution or state clearly how the electoral process will be managed and the terms that new political parties can organise.[41] In a speech to military retirees, Than Shwe said that the transition to a parliamentary system meant various parties with different opinions would appear, but he warned that the new parties should "avoid anything that leads to harming state interests".[42]

The constituencies available for contesting are 330 civilian seats in the House of Representatives (out of 440) and 168 civilian seats in the House of Nationalities (out of 224).[43] The remaining seats are designated for military officials and to be selected by the military chief.

During an East Asian summit in Vietnam, Foreign Minister Nyan Win confirmed Than Shwe would not be running in the election.[44]

On 11 November, state radio announced the results for 147 constituencies in the Lower House, with the USDP winning 133. The USDP won 81 of 86 races newly announced for the Upper House. The new and previously announced results show the USDP gained majorities in both houses of parliament: 190 out of the 219 (86%) seats announced for the 330-seat lower house, and 95 out of 107 (88%) seats announced for the 168-seat upper house.[59]

The Union Solidarity and Development Party (USDP) won 80% of the seats that were up for election. The two largest opposition parties, the National Democratic Front and the Democratic Party conceded defeat; however, along with four other opposition parties, filed formal complaints about fraud with the election commission.[60]

The final results were announced by the Myanmar Union Election Commission on 17 November 2010.[61][62][63][64] Detailed results in English are available.[65][66]

Than Nyein, the chairman of the National Democratic Force, claimed the election was marred by irregularities. "We have our evidence. Some candidates complained ... because there was vote cheating." Khin Maung Swe, the leader of the opposition National Democratic Force alleged: "We took the lead at the beginning but the USDP later came up with so-called advance votes and that changed the results completely, so we lost."

UN Secretary-General Ban Ki-moon claimed voting conditions had been "insufficiently inclusive, participatory and transparent."[68]

The People's Republic of China's Foreign Ministry said the election was "a critical step for Myanmar in implementing the seven-step road map in the transition to an elected government, and thus is welcome."[69]

India was conspicuously silent with segments of the Indian media questioning whether principle gave way to expediency.[70]

Russian Foreign Minister Sergey Lavrov welcomed the vote and characterised it as a "step forward in the democratisation of Burmese society."[60]

During a speech to the Indian parliament, US President Barack Obama said of the election that "When peaceful democratic movements are suppressed – as in Burma – then the democracies of the world cannot remain silent ... It is unacceptable to steal an election as the regime in Burma has done again for the world to see."[71]

Edwin Lacierda, the spokesperson of Philippine president Benigno Aquino III, said in a press conference in Malacañang Palace that " [We] express our disappointment towards the actions done by the Burmese government towards the NLD, and also with regards to such a farce-like elections which just appeared to be a display."

At the time of the election Aljazeera argued that the election marginalised Aung San Suu Kyi. It asked "How much power and reach would she still have to rally her followers barely a week after the south-east Asian nation's first general election in two decades?" One such reason was because the NLD's boycott may have failed if it does not play the right cards in dealing with at least a semblance of an elected opposition in a "semi-legitimate" parliament. Pending her release from jail, the political atmosphere would have changed because of a new military leadership that may not be as "cosmopolitan" and "practical" in dealing both with her and external players. The British ambassador to Myanmar, Andrew Heyn, also said: "What they the junta do when Suu Kyi is released will send a message. She is well informed and committed and wants to stay involved."[72]

The following day clashes erupted between the Democratic Karen Buddhist Army (DKBA) and government forces in Myawaddy by the Thai border.[73] The fighting spilled over to the town of Three Pagodas Pass with reports that the DKBA had seized the town from the military. According to some reports, the DKBA planned the action in the towns of Myawaddy and Three Pagodas Pass to take advantage of the deployment of the military for election monitoring. Many voters in the area, fearing an attack, stayed away from the polls.[74]

Opposition leader Aung San Suu Kyi was released from house arrest on 13 November,[75] despite a court ruling quashing her release.[76] She then said there were no regrets over her party's boycott of the election. To have change, she said, "The people have to want it, and they have to be united."[77]

Suu Kyi and her party participated and won seats in the subsequent 2012 by-elections. The next Myanmar general election was held in 2015.[78]

• Burma Election 2010 – The Irrawaddy
• Election Information
• Pierce, Patrick. Impunity or Reconciliation in Burma's Transition, International Center for Transitional Justice
• Election coverage – Mizzima