Myanmar ANFREL


5.1 Reporting through the election cycle

The election is not a single activity that starts with polling and finishes after the announcement of the results. It is a continuous process of overlapping activities involved with many different stakeholders interacting and influencing each other. Also, there is no fine line between when it starts or ends. It goes as a cycle as elections periodically continue. Each activity of the cycle is highly interdependent and failure of one activity can negatively affect the integrity of the whole electoral process. (i.e. Errors in voter list or disenfranchisement of some sectors of the society can affect the entire process of the elections)

When it comes to the media engagement in the electoral process, it is important for journalists to report about the entire electoral process throughout its cycle. In general practice, many media organizations only focus on the Election Day or period after the announcement of the elections. It is necessary to focus on the pre- and post-election period as well, as each and every part and activity of the whole process affects the integrity of the elections. (i.e: Media can support the efforts of civil society to advocate for better election laws through reviewing the laws in pre- and post-election period and also review the performance of the elected members of the legislature during the post-election period)

Above diagram consists of many of the activities that different election stakeholders involved in the pre-, during and the post-election periods.

Journalists should also engage with other electoral stakeholders such as Election Management Bodies in the union, state/regional, also district and township levels; civil society organizations engaged in elections such as election observer groups; political parties; and others that will help provide information on developments related to the electoral  process and also verify the information received from different stakeholders.

Journalists need to be well aware of the election rules and procedures in order to understand the violations of election laws by any stakeholder and irregularities in the electoral process. The media should report fairly about the political parties and their campaigning during the electoral period.

Also, the media can support the election commission on their voter education efforts to communicate the voting processes to the general public. The information could be made available in different languages.

Reliable and responsible media organizations and media practitioners are needed to play the role of a watchdog against corruption and irregularities of the electoral process. It is the role of the media to report problems and possible violations of the rules, as well as to inform voters about the issues and the political parties and candidates’ policies.

These are some of the most important areas that the media should be aware of and report on in the pre-, during and post-election periods. As mentioned above, some of the processes do not fall into one particular period which continues across the different phases of the cycle:

Pre-election Period
Asses the electoral system and the law

This provides the legal framework and system on how to conduct the elections; basically the rules of the game. In assessing laws, it is also important to contextualize how they were formed, whether they meet the international democratic principles and how they affect the overall quality of the elections. Also, the media can report on citizen’s opinions on the current system from different segments of the society. Reports and recommendations in past elections from election observers, the government, political parties and media can be used in order to assess the election system and the law.

Following are the main laws that journalists should be aware of and refer to when it comes to reporting and assessing the legal framework of elections in Myanmar:

  • 2008 Myanmar Constitution
  • The Amyotha Hluttaw Election Law
  • The Pyithu Hluttaw Election Law
  • The Region Hluttaw or State Hluttaw Election Law
  • The Union Election Commission Law
What to watch:
  1. Does the legal framework ensure an inclusive and competitive election process?
  2. Is the legal framework complete, and understood by all stakeholders?
  3. Were there any late changes to the legal framework? Did this create concern or confusion?
  4. Does the electoral system, including boundary delimitation, provide for equal suffrage? Are there sectors that are excluded from the process?
Election Management Bodies and Election Administration

The work of the EMB should be collegial, nonpartisan, transparent, and independent of the authorities and other political influences. In addition, the administrative structure needs broad public support if it is to be viewed as credible. Possible guide questions for assessment:

What to watch:
  1. Who are the members of the election commission? What is the background of each member prior to their appointment? Do they have connections with parties, controversial personalities and interest groups?
  2. Are vulnerable sectors represented? Ie: Women? Ethnic groups?
  3. What are the governing rules on appointing election commissioners? Are they transparent?
  4. Has the body been fair in implementing election rules and regulations in all different levels such union, region/state, township levels? Do they favor a certain party?
  5. How well do they communicate with the other electoral stakeholders? What degree of trust do they enjoy?
Constituency Delimitation

Fair constituency delimitation procedures will consider a range of information, including available demographic information, territorial integrity, geographical distribution, topography, etc. Further, polling stations should be distributed to guarantee equal access within each constituency.

What to watch:
  1. Reasonability and level of acceptance of the constituency structure (through public consultation)
  2. Availability of information about constituencies and lower level districts (demarcation, size, number of seats)
  3. Fairness and effectiveness of rules for constituency boundary delimitation and seat allocation and whether rules are, in fact, being followed
Voter Awareness

This is one of the areas that the media can play a significant role that assesses the level of the voter awareness throughout the country or territory and informs the stakeholders and the public about the areas where there is a lack of voter education. The media can play an active role in educating voters as they have the ability to reach large audiences and engage with different communities in society. The media operating in ethnic languages can reach more ethnic communities.

Voter education should encourage participation by all, including members of ethnic groups, women, and other marginalized sectors. Awareness campaigns should extend throughout the territory of the country, including rural and outlying areas. The public should be well informed as to where, when, and how to vote. The public should also be educated as to why voting is important.

What to watch:
  1. Design and distribution of UEC [1] (information/education/ communication) materials and the degree of their simplicity and clarity
  2. Percentage of first-time voters exposed to voter education to facilitate their active participation
  3. Whether the voter awareness reached to the historically marginalized groups
Voter Registration

A comprehensive and inclusive voter registration process is key to ensure universal suffrage and the enjoyment of the fundamental right to vote and to be elected. Media should assess whether the different parts of the society have been registered in the voter roll, including the marginalized sectors such as IDPs, ethnic communities, and others.

What to watch
  • Proportion of voting age population and actual registered to voters
  • In terms of voting age population, percentage of those eligible to vote for the first time in the election and extent to which they have actually registered to vote
  • Whether voter registrars reflect any bias based on gender, age, ethnicity or religious or regional affiliation
  • Ability of qualified people to register with a minimum of inconvenience
  • Presence of appropriate mechanisms to ensure that the voter list is accurate
  • Whether the voter lists are being displayed and the number of times they have to be displayed according to the legal framework and whether they have been displayed in places accessible to the people
Political party engagement and candidate registration

Media should meet with various political parties and candidates to report about their views on elections and also report on their policies and election manifestos in an independent and balanced manner.

There can be few political parties contesting nationwide or even a large number of political parties contesting the elections in different areas of the country. Some parties such as ethnic parties will not have candidates in every part of the country. There will be independent candidates too. Media should be able to provide voters with equitable information about the parties contesting in the election.

It is also important to review whether or not candidates and parties have been properly allowed to participate in the electoral process.

What to watch
  1. Do they have any comments or difficulties regarding the candidates registration process?
  2. Which policies are they prioritizing? Do these campaign promises address the interests of marginalized sectors?
  3. Can all political parties campaign freely? Do any of them experience any intimidation? Threats? Other interference to their campaigns?
  4. Any misuse of public resources? Are state resources being used for the benefit of any political party?
  5. Ability of parties and candidates who meet registration requirements to complete registration on a non-discriminatory basis?
  6. Whether or not the political parties are violating the code of conduct (COC) for political parties or any electoral laws and guidelines?
Election Day
Advance voting

Advance voting should be given the same amount of attention as the actual Election Day. Procedures should be designed to encourage the broadest possible participation, without compromising electoral security. Voters with special needs (such as PwDs, elderly, students, conscripts, workers, foreign service personnel, and prisoners who have retained voting rights) should be accommodated. Media should also inform the people about the advance voting procedures, who can vote, where they are taking place and the advance voting period.

What to watch
  1. What are the guidelines that govern the holding of the advance voting in both inside and outside constituency? Who are eligible to vote in advance?
  2. How can the UEC [1] ensure that the advance voters cannot vote again on election day?
  3. What is the procedure for advance voting? How long is advance voting being held? Where should advance voters go to vote? Are they secure?
  4. How do they secure the ballots after the voting?
  5. How are the ballots counted? How are they tabulated?
Election Day

Election day is one of the most important days in the whole electoral process. Media should have more coverage on the ground on election day and early preparation and planning are crucial.

The media should be aware of guidelines on media coverage of the election from the UEC [1] to identify which areas can be covered and what limitations are set, among others. It must be noted that media organizations and journalists are required to apply for special permits from the UEC [1] and its sub commissions in advance to be able to cover election day.

During the early preparations, the media can also identify the possible hotspots such areas that have historically bad records in previous elections, low voter turnout or any other places where irregularities or violence can happen due to campaigning trends or high competition among political parties.

What to watch
  1. Whether or not any party is campaigning the day before the election day, during the cooling period
  2. Surveying the area for signs of campaign materials or campaign activity in, on, or around the polling station on election day
  3. Intimidation or disturbance of the voting process
  4. Incidents of voters being offered any inducements to vote in a particular manner (vote buying)
  5. Ability of PWD voters to access the polling station
  6. Voting process in military polling stations
  7. Dispatch of ballots and other voting materials and their security for the period prior to election day
  8. Sufficiency of ballots and other polling materials initially received
  9. Total number of voters on the voter list for the polling station and the number of votes casted throughout the day to determine the turnout trends
  10. Any incidents of disturbances, irregularities, or complaints occurring and the redress procedures
  11. Whether or not unauthorized persons are in restricted areas
  12. Whether or not there is overcrowding at the polling station
  13. Incidents of voters being turned away because their names did not appear on the voter list
  14. Whether or not there is adequate secrecy provided for marking ballots
  15. Determination of the fairness and impartiality of the count
  16. Technical shortcomings and serious/deliberate irregularities
  17. Integrity and accuracy of counting
  18. Transparency of tabulation
  19. Availability of results to interested members of the public
  20. Process of the announcement of results in polling station, township and regional levels
Post Election Period

Post-election period can be a particularly sensitive time for political parties and candidates, as well as for voters especially when there is high competition among different political parties or two main parties. Media should monitor and report on incidents of election-related human rights violations, such as post-election harassment, intimidation or violence, as well as any arrests or detentions related to the election. Also, the media need to be alert on the possibility that political parties or other stakeholders may organize protests or demonstrations in the days following the announcement of results.

What to watch
  • Are there any instances of violence after the elections?
  • How do the voters see the results? Are they acceptable to them?
  • How is the election management body managing the counting and tabulation?
  • How are they going to proceed with the Election Dispute Resolution process? What complaints do they have?
  • What initiatives do civil society have after the elections? What are the most significant issues they saw during the entire process?
  • What reform initiatives are the stakeholders going to prioritize?

In the post election period, the media also have a responsibility to report on the performance of the government and also representatives elected to the legislative bodies. People have the right to know what their representatives do in the parliament and what kind of engagement that they do during the legislative process. Also, journalists should continue reporting on the instances of such corruption and abuse of power by the elected representatives.