Background
On 8 November 2020, Myanmar held its multi-party democratic general election. It was held in accordance with the Election Laws and conducted by the Union Election Commission. The citizens came out to vote in record numbers, despite bomb threats and Covid-19, such was their strong desire for democracy.
More than 71 percent of eligible voters voted and more than 96 percent of votes were valid. The election was recognized as free and fair by local and international accredited observers
The following number of constituencies were contested, with a total of 5639 candidates from a range of political parties and independents:
- 315 out of 330 seats in the Pyithu Hluttaw(Lower House Union Parliament)
- 161 out of 168 seats in the Amyotha Hluttaw(Upper House Union Parliament)
- 641 out of 763 seats in the Region/State Hluttaw (including seats for Ethnic representatives)
Without a proven evidence, Myanmar’s military proxy party, the Union Solidarity and Development Party (USDP) that lost in the election by a huge margin, going further backwards from the 2015 election, made unsubstantiated and spurious allegations that there was widespread voter fraud.
The Commander-in-Chief Min Aung Hlaing in a media interview post-election stated that “I’ll have to accept the people’s wish and the results that come with it. There’s no denying it.”
Despite this admission, the Commander-in-Chief then ordered the military to unlawfully seize state power only hours before the newly-elected Parliament was to convene on February 1, 2021.
He ordered the arbitrary and unlawful detention of the President U Win Myint, State Counsellor Daw Aung San Suu Kyi and other civilian leaders from the government and parliaments. A large number of National League for Democracy (NLD) political figures, prominent political and social activists, writers and Monks were arbitrarily detained as well.
Formation and Mandate
On the 5 February 2021, 298 parliamentarians held the first emergency parliamentary session of the third term of Hluttaw Session via a video-conference and formed the “Committee Representing Pyidaungsu Hluttaw (CRPH)”.
The legitimately and lawfully elected parliament met virtually and assigned 15 MPs to carry forward the work of the Pyidaungsu Hluttaw. A number of observers attended including diplomats to Myanmar from the embassies of Denmark, Sweden, the United States of America and Czech Republic.
The meeting was quorate therefore legal with 63 percent of parliamentarians from the House of Representative and House of Nationalities present. Though some MPs were not able to attend the session, they sent their singed letter to support for the establishment of the CRPH and the assignment of the representatives. The combined number of Parliamentarians who authorised the CRPH formation and powers was 398 MPs. This was the combined number of virtual attendees and those who authorised by their signed letters.
This virtual parliamentary session authorized the CRPH to carry forward the mandate from the people to perform the functions of Parliament, namely legislative, oversight, representation and additionally to reach out and strengthen relationships with international parliamentary bodies.
On the 7 of February, the CRPH issued a seminal statement that condemned the military coup as a “criminal act” and formally dismissed the newly-elected military council (State Administration Council (SAC)) and its cabinet on the grounds that it was illegal and illegitimate. The CRPH cited the military’s violation of Section 6 of Myanmar’s Penal Code, vis-a-vis its overthrow of the civilian government, as well as being incontestability unconstitutional.On 10 February 2021, the CRPH expanded adding two more members of parliament from the ethnic parties and on the 26th April the three more members were added and U Aung Kyi Nyunt, Senior MP of the Amyotha Hluttaw was elected as the Chair of the CRPH.