WILL THE WINNER TAKE ALL?

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The By-Elections Will the Winner Take All? Page 1 of 6 WILL THE WINNER TAKE ALL? Analysis Paper No.1/ Many in the international community believe that if the by-elections on 1 April in Burma are free and fair, Daw Aung San Suu Kyi (DASSK) and her National League for Democracy (NLD) will win all 48 seats 1. Is this true? Can the NLD sweep the board? First, while anything is possible, it is not probable. Why? The perception of a landslide is based on the 1990 general elections when the NLD won over 80% of the seats. This time with DASSK herself running, it is assumed that the results will be better. But the situation in Burma today is not what it was in 1990. Then, people were fed up with General Ne Win s regime and euphoric about the possibility of a popular democratic transition. Today, people are hopeful that the reforms introduced by President Thein Sein in 2011 will usher in a new period of democracy and prosperity and fearful that any instability will set the reforms back. Second, half the voting population today did not have the vote in 1990. Most were not yet born or were too young. Other than DASSK, the electorate does not know the other candidates. The NLD does not have a track record, whereas, the ruling Union Solidarity and Development Party (USDP) has delivered tangible benefits since the new government took office in April 2011. Third, the 48 seats being contested are safe seats of the USDP. The seats were by and large vacated by the President and his cabinet, as stipulated in the 2008 Constitution. Fourth, the NLD took a very uncompromising stand during the 2010 general elections. Not only did it boycott the elections but it branded the other democratic parties that took part in the elections as opportunists and traitors. The wounds have not healed. Moreover, instead of trying to build an alliance with the existing opposition parties, the NLD decided to go it alone, fielding 48 candidates 2. This could split the democratic vote giving seats to the USDP. Fifth, the NLD executive decided to parachute in key candidates into constituencies where it believes it has strong local support. This move has upset some in the party and candidates favoured by the rank and file, are running against the NLD s candidates as independents. Given these dynamics, it is not at all certain how many seats the NLD will win. DASSK herself will definitely win. She is very popular and a celebrity but whether that will transform into votes for her party is an open question. The party could maybe win 60% of the seats. Therefore, it would be prudent for the international community not to jump to a conclusion that the vote was not free and fair if the NLD does not win all the 47 seats it is contesting. This is important because the international community has set the conducting of free and fair elections for the 48 seats country-wide as a benchmark for the removal of sanctions, and allowing increased involvement from International Financial Institutions (IFIs). Elections irregularities have been reported by the exile media, especially the Alternate ASEAN Network and Burma News International. On 21 March, DASSK was also quoted as saying "Fraud and rule violations are continuing and we can even say they are increasing." 3 In the past, as a national leader, her word could be taken at face value. However, today, her words need to be seen 1 As per the 23 March announcement by the Union Election Commission, there will be no by-elections in Kachin State 3 seats in the Pyithu Hluttaw (Lower House) due to security reasons. 11 candidates from 5 parties and one independent are affected. 2 One was disqualified by the Union Election Commission Saw Hlaing, Upper House, Sagaing Region. 3 "Western Election Observers Invited", Radio Free Asia. 21 March.

The By-Elections Will the Winner Take All? as that of a party leader campaigning to win an election. Impartial election monitors and observers are needed to ascertain whether the elections are truly free and fair. The government of President Thein Sein seems to have belatedly woken up to this danger and has invited international observers. But it may be a case of too little too late since there is not enough time for the observers to actually monitor the elections. The best they can do would be to deny or confirm whether the voting on 1 April is relatively free and fair. At stake are six seats in the Amyotha Hluttaw (Upper House National Parliament) out of 224 seats; 40 seats in the Pyithu Hluttaw (Lower House National Parliament) out of 440 seats; and two seats in two regional parliaments (Ayeyarwady and Bago) out of 884 seats. In terms of numbers, the results of the by-elections will make no difference to the power structure. It is, however, important in terms of gauging how serious the government of President Thein Sein in terms of national reconciliation and reforms. To date, his commitment seems clear with the exception of the continued fighting in Kachin State which saw elections there cancelled. In total, there are 158 candidates (15 parties and seven independents) competing on 1 April: 20 (7 parties) for six seats in the Upper House; 132 (14 parties & 7 independents) for 40 seats in the Lower House; and six (3 parties) for 2 seats in and Bago Parliaments. Abbreviations: AMRDP DP (M) KDUP LNDP MNC MPP NNDP NDF NLD NUP PNO SNDP UEC UMFNP UPP USDP All Mon Region Democracy Party 1 candidate, Lower House, Mon State Democratic Party (Myanmar) 1 candidate, Lower House, Region Kokang Democracy and Unity Party 1 candidate, Upper House, Shan State Lahu National Development Party 1 candidate, Upper House, Shan State Myanmar National Congress 2 candidates, Lower House, Region Modern People's Party 1 candidate, Lower House, Region New National Democracy Party 3 candidates, Lower House, Region National Democratic Force 13 candidates, Lower House National League for Democracy 48 candidates nationwide, one disqualified. National Unity Party 23 candidates nationwide, one disqualified Pa-O National Organization 1 candidate, Lower House, Shan State Shan Nationalities Democratic Party 4 candidates, Lower & Upper House Union Election Commission Union of Myanmar Federation of National Politics 2 candidates, L House Unity and Peace Party 4 candidates, Upper & Lower House Union Solidarity and Development Party 48 candidates nationwide Page 2 of 6

The By-Elections Will the Winner Take All? Page 3 of 6 Vacated by Candidates for the By-elections (01.04.) Upper House (Amyotha Hluttaw) USDP NUP NLD NDF Other 1 Sagaing No. 3 Win Myint, Minister, Commerce Tin Maung Win Bo Myint Aung Dr. Myint Naing SNDP - Sai Sam Min 2 Sagaing No. 7 Khin Maung Aye, Deputy Saw Hlaing - disqualified Tin Mya Chit Han Minister, Livestock & Fisheries by UEC SNDP - Mar Kyin 3 Bago No. 7 Daw Cho Nwe Oo, disqualified Daw Than Than because of not meeting Nwe citizenship requirements Min Oo 4 No. 4 Khin Zaw, Deputy Minister, Maung Win @ Aung Maung Maung Win Agriculture & Irrigation Win Aung Kyi Nyunt UPP - Aung Than Tin 5 Shan State No. 3 Sai Mauk Kham @ Maung Ohn, Dr. Nan Kyain KDUP - Law Shin Kwan / LNDP - Sai Myint Maung Vice-President Phaung Tit Yaw Thup 6 Ayeyawady No. Dr. Myat Myat Ohn Khin, Deputy 10 Minister, Health Aye Kyaing Mahn Thein Hla Thein Swe Lower House (Pyithu Hluttaw) USDP NUP NLD NDF Other 1 2 3 Phakant, Kachin State* Mogaung, Kachin State* Bhamo, Kachin State* 4 Sagaing, Sagaing 5 Pale, Sagaing 6 Mingin, Sagaing 7 Kyunsu, Tanintharyi Ohn Myint, Minister, Coperatives and Livestock Breeding & Fisheries Phone Swe, Deputy Minister, Social Welfare, Relief and Resettlement Lune Maung, Union Auditor General Khin Maung Myint, Minister, Construction Kyaw Hsan, Minister, Information and Culture Maung Myint, Deputy Minister, Foreign Affairs Sai Thein Tun Dar Shi La Saing Daw Bauk Ja Tun Tun Aung Daw Khin Kyi Myat Moe Myint Myint Soe Tin Pe Ba Myint Soe Naing Htay Naing Khin Maung Thein Daw Khin San Hlaing Dr. San Win Htay Aung Daw Khin Hmway Lwin Soe Thein, Minister, Industry Chit Than Daw Tin Tin Yi SNDF - Than Tint Aung / Independent - Dr Tu Ja

The By-Elections Will the Winner Take All? 8 Launglon, Tanintharyi 9 Taungoo, Bago Kyaw Kyaw Htay Sein Maung Aung Soe Aung Min, Minister, Rail Transportation Dr. Daw Wai Wai Thar Aung Soe Myint 10 Htantabin, Bago Win Tin - deceased Kyaw Kyaw Oo Tin Win Sein Tun UPP - Thet Oo 11 Thanatpin, Bago 12 Letpadan, Bago 13 14, Yezagyo, 15 Myaing. 16 17 18 19 20 21 Pakokku, Pwintbyu, Zabuthiri, Nay Pyi Taw Pobbathiri, Nay Pyi Taw Dekkhinathiri, Nay Pyi Taw Ottarathiri, Nay Pyi Taw Arnt Gyi - disqualified because of not meeting citizenship requirements Win Myint, State Minister, Inn National Race Affairs, Shan State Zaw Min, Minister, Electric Power 1 Soe Maung, Minister, President's Office Thein Tun, Minister, Communications, Posts & Telegraphs Saw Hla, Member of Nay Pyi Taw Regional Government Dr. Maung Maung Htay, Deputy Minister, Religious Affairs Thein Sein, President Tin Aung Myint Oo, Vice- President Myint Hlaing, Minister, Agriculture & Irrigation Kyaw Swar Khine, Minister, President's Office (Retd. 6.1.) Dr. Sein Htoo Than Hlaing Myint Oo Aung Thein Win Hlaing Kyaw Min Win Tun Daw Nan Kyu Than Win Aung Thein Kyaw Hla Myint Myint Thein Kyaw Sein Han Boe Win Dr. Tin Htay Aung Independent - Han Shin Win Kyaw Myint Than Kyaw Tint Myint Aung Paik Ko Tint Lwin Tint Lwin Dr. Aung Moe Nyo UMFNP - Kyaw Swa Sie Win Htay Thar Htay Maung Shein Hla Thein Swe Kyi Myint Daw Sandar Minn @ Shwee (88 GS, released 13.01.) Phyo Zeyar Thaw @ Zeyar Thaw (Generation Wave) Naing-Ngan Lin Min Thu, released 13.01. Independent - Lwin Myint Than Page 4 of 6

The By-Elections Will the Winner Take All? 22 23 24 Kyaukpadaung, Natogyi, Maha-aungmye, 25 TadaU, 26 27 28 Meiktila, PyinOoLwin, Mawlamyine, Mon State 29 Kawhmu, 30 31 32 Thongwa, Dagon Myothit (Seikkan), Mingalar Taungnyunt, 33 Hlegu, 34 Mayangon, Hla Tun, Minister, Finance & Revenue Nyan Tun Aung, Minister, Transport Dr. Mya Aye, Minister, Education Tin Aye, Chairman, Union Election Commission Thein Aung, Chief Minister, Ayeyawady Aung Win Kyi Dr. Zaw Myint Maung Soe Naing Win Aung Than Paw Khin Than Tun Tun Kyi Ohn Kyaing Hla Ko Independent - Sein Hla / Independent - Nyunt Oo / Independent - Kyaw Kyaw Aung Mon Daw Khin Thandar Nan Htike Zaw UPP - Sann Tun Hla Myint Win Htein Myint Aung Khin Maung Win Kyaw Thiha Aye Myint, Minister, Science & Technology Soe Tint, Deputy Minister, Construction Myint Maung, Minister, Religious Affairs UMFNP - Win Zan / Independent - Daw Myint Myint Aye Tin Soe Moe Naing Aung Than Oo Daw Khin Htay Kywe AMRDP - Daw Myint Myint Wai Dr. Soe Min Daw Aung San Suu Kyi UPP - Tin Yi Aung Kyaw Min Daw Su Su Lwin Kyi Than Thein Htaik, Minister, Mines Aung Win Win Myint Dr. Myo Aung Kyee Myint NNDP - Win Shwe Aung Kyi, Minister, Labour and Social Welfare, Relief & Resettlement Khin Maung Soe, Minister, Electric Power 2 Pwint Hsan, Deputy Minister, Commerce Daw Lei Lei Aye Dr. Aung Myat Thu Ye Htut Daw Sandar Myint - disqualified by the UEC. Daw Phyu Phyu Thinn Phyo Min Thein Dr. May Win Myint Daw Khin Phyu Phyu Nyein NNDP -Phone Myint / DP(M) - Thu Wai / MNC - Kaung Myint Htut NNDP - Ye Min Thein @ Yatha / MNC - Daw Haymar Htay / Independent - Khin Hlaing (Zawtika) Page 5 of 6

The By-Elections Will the Winner Take All? 35 36 37 38 Kalaw, Shan State Pathein, Maubin, Myaungmya, Tin Naing Thein, Minister, National Planning and Economic Development Than Tun, Deputy Minister, Cooperatives Thein Nyunt, Minister, President's Office Daw Khin Than Myint Mya Win Hla (a) Khin Maung Hla Dr. Daw Than Ngwe Aung Tin Myint Win Myint Tin Win Dr. Myo Thant Tin Dr. Phyo Ko Ko Tint San Maung Maung Thin Sein Win Han (@) Sein Win Mahn Jonny Daw Khin Su Su Aung Aung Myo Hlaing SNDP - Sao Tha Oo / PNO - Khun Than Maung MPP - Thein Shwe 39 Wakema, Khin Maung Aye, Deputy Minister, Livestock & Fisheries Tun Aung Kyaw Than Aung Daw Myint Myint San 40 Myanaung, Than Htay, Member, Nay-Pyi- Taw Council Dr Than Htut Win Hlaing Kyaw Myint Regional Parliaments USDP NUP NLD NDF 1 Kawa No.2, Bago Aye Naing Aye Win Kyi Lwin Myo Khine Yekyi No.2, 2 48 TOTAL Thaung Han Tin Soe Aung Kyaw Dr Hla Myat Thway Amyotha 6 4 6 0 2 Pyithu 40 17 40 13 2 State/Region 2 2 2 0 0 48 23 48 13 4 - SNDP AMRDP 1 1 0 MNC 1 3 3 Independent 2 0 0 4 3 Red indicates disqualified or postponed by the Union Election Commission. UPP NNDP Page 6 of 6