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1. I did this y’day on #illegality of #Myanmarcoup & why elected MPs are legal representatives of Myanmar people. Just seen this notice in y'day's Global New Light of Myanmar:- https://www.gnlm.com.mm/announcement-of-union-election-commission-2/#article-title. Yet another effort by junta to gaslight people. Let me tell you why. (THREAD) https://twitter.com/thinink/status/1358097114031665154
A day after coup so-called State Administrative Council issued order purporting to appoint new UEC https://www.irrawaddy.com/elections/myanmars-coup-leaders-name-new-union-election-commission.html Will explain why this ‘new’ UEC not only invalidly appointed but also does not have legal power to do things like invalidating letters of accreditation (2)
As I explained yesterday and @MelissaACrouch wrote here:- https://melissacrouch.com/2021/02/07/the-illegality-of-myanmars-coup/ ex-General Myint Swe is not a lawfully elected Acting President because substantive & procedural requirements under section 73 are not met. (3)
Which means he has no constitutional power to declare state of emergency and hand over power to Senior General Min Aung Hlaing (MAH). Only U Win Myint can do that. (4)
This also means all subsequent ‘official’ acts related to this coup are unconstitutional. MAH forming “State Administrative Council (SAC)” is unconstitutional because he does not have the authority in the first place to form it. (5)
So SAC purporting to rule the country is unconstitutional, EVEN in this currently manufactured state of emergency. Ergo, all the acts of SAC are also unconstitutional. So appointment of new UEC by SAC on Feb 2? Yes, you guess it right! It’s also unconstitutional! (6)
In layman’s terms, we call that chain reaction. Lawyers apparently call it ab initio. Sort of like Burmese saying ‘you must have a good beginning to get to a good end’. A valid & legally appointed UEC declared 2020 election results. It's final & conclusive (section 203(a)). (7)
This same UEC (not new one on Feb 2) needs to decide electoral disputes & if necessary, can change election results for constituency affected (section 402(b)). However, like principle of presumption of innocence until proven guilty, UEC must investigate first (8)
& decide based on result of investigation. Now, the new unlawfully appointed UEC is doing the opposite: it has already made a decision that there IS fraud even before investigation formally begins. I’m not a lawyer and even I know that sounds dodgy. (9)
But what’s even dodgier is that the UEC appointed on 2 Feb is trying to revoke letters of accreditation of MPs lawfully elected. No law allows that, or so I'm told! Look, there was no state of emergency on 1 February. (10)
VP U Myint Swe & Tatmadaw accuse lawfully elected MPs as trying to take power by ‘wrongful forcible means’. Tatmadaw also accused government & UEC of failing to act on electoral fraud. (11)
Tatmadaw may safeguard constitution but it does not have power to remove the government or UEC due to electoral issues. Electoral issues are decided by UEC, not Pyidaungsu Hluttaw, not Tatmadaw, not Vice President, or even President. (12)
These are the rules the Tatmadaw has written! If there are issues with elections, they are to be investigated by UEC according to electoral law and regulation, not at the whims of the Tatmadaw or VP. (13)
Like most people, I am not a fan of the 2008 Constitution. Now it appears that even Tatmadaw, despite repeated claims to follow it, is not a fan of the 2008 Constitution anymore. I guess that’s the one thing we have in common! (14)
Why am I still arguing finer points in law when generals are already doing what they want? They can & they always have. But they should not get away with their charade to sell the coup as legal and constitutional, particularly to the outside world and ASEAN countries. (15)
They have already gaslighted us - the people - long enough. Read this latest point-by-point rebuttal of what the junta has done by @melissaacrouch. Again, thanks so much @saimyintaungmm for invaluable help with clarifying legal issues & do follow him https://melissacrouch.com/2021/02/07/the-illegality-of-myanmars-coup/ (16)
Also, lots of rumours about U.N. recognizing the military. NOT TRUE. The U.N. security council have said they are concerned with latest developments https://www.un.org/press/en/2021/sc14430.doc.htm & Secretary-General has said U.N. wants to 'make sure' Myanmar coup fails https://www.channelnewsasia.com/news/world/un-myanmar-coup-fails-antonio-guterres-aung-san-suu-kyi-14109462 (17)
We know laws have not always been followed in Myanmar but it's on our side. Last note. Why focus on arcane laws & procedures? I lost years of schooling in aftermath of 1988 & subsequent protests. I was v. lucky to be able to continue my studies abroad. Many others were not. (18)
