Union Election Commission
The Union Election Commission (Burmese: ပြည်ထောင်စု ရွေးကောက်ပွဲ ကော်မရှင်, abbreviated UEC) is the national electoral body of Myanmar responsible for organizing and overseeing general elections, by-elections, and referendums to elect members of the country's legislative bodies.[1][2]
Established under the 2008 Constitution, the UEC consists of a chairman and members appointed by the President, with its primary functions including voter registration, political party oversight, and ensuring electoral processes align with constitutional mandates.[3][4]
The commission supervised multi-party elections in 2010, 2015, and 2020, the latter of which saw the National League for Democracy secure a landslide victory amid military allegations of widespread irregularities that precipitated the 2021 coup d'état.[4][5]
Following the coup, the military regime detained the prior UEC leadership and reconstituted the body, which has faced international criticism for opacity in decision-making and structural biases favoring junta-aligned parties, including the pre-allocation of parliamentary seats.[6][7][8]
As of 2025, the UEC is preparing nationwide elections slated to commence in December, though these plans occur against a backdrop of ongoing civil conflict, disqualified opposition candidates, and skepticism from entities like the United Nations regarding their viability for fostering genuine democratic transition.[9][10][11]
Constitutional and Legal Framework
Establishment and Mandate
The Union Election Commission (UEC) of Myanmar was established by the Constitution of the Republic of the Union of Myanmar, promulgated on May 31, 2008, following a national referendum held amid the aftermath of Cyclone Nargis.[12] Article 289 of the Constitution mandates the President to constitute the UEC, comprising a Chairperson and such number of members as necessary, with appointments requiring approval from the Pyidaungsu Hluttaw (Union Parliament).[13] This framework positioned the UEC as an independent body responsible for overseeing electoral processes, distinct from the executive, legislative, and judicial branches, though its members must possess qualifications including being at least 50 years old, having relevant electoral, administrative, or judicial experience, and demonstrating integrity without active political affiliations.[14] The UEC's formal operational inception occurred on March 2, 2010, when the State Peace and Development Council appointed its initial members ahead of the 2010 general elections, marking the first such polls in two decades.[15] Its core mandate, as delineated in Articles 291 and 292, encompasses the supervision of elections for the Pyithu Hluttaw (lower house), Amyotha Hluttaw (upper house), Region or State Hluttaws, and other bodies to ensure they are conducted in a free, fair, and disciplined manner.[16][17] This includes prescribing electoral procedures, compiling and revising voter lists, forming sub-national election commissions, designating constituencies, and announcing results, with authority to postpone or annul polls in cases of fraud or irregularity.[17] In exercising its functions, the UEC holds executive powers over all election-related matters, such as establishing election tribunals to adjudicate disputes and issuing final, conclusive decisions on petitions, appeals, and disqualifications, as per Article 293.[18] The Commission is further empowered to regulate political parties, scrutinize their registrations, and enforce compliance with electoral laws, though its decisions remain subject to limited judicial review only on procedural grounds.[19] These provisions aim to institutionalize multi-party democracy under the Constitution's "disciplined" framework, prioritizing systematic processes over unchecked pluralism.[13]Powers, Functions, and Limitations
The Union Election Commission (UEC) is vested with primary authority over the administration of elections in Myanmar, as outlined in Chapter V of the 2008 Constitution. Article 399 enumerates its core functions, including holding elections for the Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw, and State/Region Hluttaws; supervising all election-related processes to ensure they occur in a free and fair manner; compiling, revising, and maintaining voter lists; scrutinizing the eligibility of candidates and political parties; designating and notifying election dates and constituencies; forming election tribunals to adjudicate disputes; and issuing directives to subordinate bodies for compliance.[20] These duties extend to postponing or canceling polls in cases of natural disasters, security threats, or other exigencies that could undermine electoral integrity, with such decisions carrying final and conclusive effect under Article 401.[20][21] Under the Union Election Commission Law of 2010, the UEC's powers are further elaborated to include supervision of political party activities, such as registration, dissolution for violations, and auditing of party finances to prevent undue influence.[22] Section 11 empowers the UEC to promulgate rules, regulations, and directives necessary for election conduct, including voter education, polling station management, and vote counting procedures, while ensuring adherence to principles of secrecy and universality in suffrage.[22] The Commission also holds appellate jurisdiction over decisions of lower election bodies and can investigate allegations of electoral malpractices, with its rulings binding unless overturned through constitutional impeachment processes.[20] Despite these expansive mandates, the UEC's independence is structurally constrained by its reliance on executive appointment. Article 398 of the Constitution requires the President to appoint the Chairperson and members, who must possess judicial or electoral experience but serve terms coterminous with the President's, limiting tenure security and exposing the body to political pressures.[20][23] Members may be removed for high treason, abuse of power, or inefficiency via impeachment by the Pyidaungsu Hluttaw, but this process itself depends on parliamentary majorities often influenced by military-nominated seats (25% reservation under Article 109).[20] In practice, these mechanisms have enabled executive dominance, as evidenced by the UEC's alignment with ruling regimes in the 2010 elections under military oversight and post-2021 coup appointments by the State Administration Council, raising concerns over impartiality in dispute resolution and party regulation.[24] The absence of budgetary autonomy and prosecutorial powers further limits enforcement against systemic irregularities, confining the UEC to administrative oversight without independent coercive authority.[22]Historical Development
Inception under the 2008 Constitution
The 2008 Constitution of the Republic of the Union of Myanmar, approved via a national referendum on May 10 and 24, 2008, and officially promulgated thereafter, established the foundational framework for the Union Election Commission (UEC) in Chapter IX. This chapter designates the UEC as an independent Union-level body responsible for overseeing elections to the Pyidaungsu Hluttaw (Union Parliament), comprising the Pyithu Hluttaw and Amyotha Hluttaw, as well as Region or State Hluttaws. Article 289 stipulates that the President shall constitute the UEC, consisting of a Chairman and a suitable number of members, with appointments requiring approval from the Pyidaungsu Hluttaw where applicable. Qualifications for members include being at least 50 years old, possessing relevant expertise in politics, administration, economics, or law, and adhering to citizenship and non-partisan criteria outlined in Sections 120 and 121, ensuring the body's operational integrity prior to the convening of elected legislatures.[20] To operationalize these constitutional provisions, the State Peace and Development Council (SPDC), Myanmar's ruling military junta at the time, enacted the Union Election Commission Law (SPDC Law No. 1/2010) on March 8, 2010. This legislation detailed the UEC's organizational structure, including sub-commissions at regional, state, and township levels, and empowered it to supervise voter list compilation, constituency delimitation, and the conduct of free and fair elections in line with the Constitution. The law affirmed the UEC's executive authority under Article 292, which includes holding Hluttaw elections, forming election tribunals to resolve disputes, and regulating political parties, with its decisions deemed final and binding under Article 401. The UEC was formally constituted shortly thereafter in March 2010, marking its inception as the supervisory body for Myanmar's first multiparty elections under the new constitutional order, with U Thein Soe appointed as its inaugural Chairman.[22][15] The Constitution emphasizes the UEC's independence in Article 290, shielding it from interference by executive, legislative, or other entities during election duties, with members serving terms aligned to the President's and removable only via impeachment by the Pyidaungsu Hluttaw for misconduct. This setup represented a shift from pre-2008 military-administered electoral processes, which lacked a dedicated independent commission, though the UEC's formation under SPDC oversight raised questions about practical autonomy given the military's dominant role in drafting the Constitution and reserving 25% of parliamentary seats for Defence Services personnel. The Commission's initial mandate focused on preparations for the November 7, 2010, general elections, including voter registration drives that enrolled over 27 million eligible voters across 664 constituencies.[20]Operations from 2010 to 2021
The Union Election Commission (UEC) was formally constituted in March 2010 to oversee the country's first general elections in two decades, held on November 7, 2010, under the framework of the 2008 Constitution.[15] The UEC managed voter registration, party approvals, and polling logistics amid restrictive electoral laws that barred key opposition figures, including Aung San Suu Kyi, from candidacy and prompted boycotts by major parties like the National League for Democracy (NLD).[25] International observers, such as Human Rights Watch, documented irregularities including advance voting manipulations and limited media access, contributing to the Union Solidarity and Development Party (USDP)—backed by the military—securing a supermajority of seats.[25] The UEC's role was criticized for lacking independence, as electoral laws empowered it to deregister parties and restrict campaigning without sufficient transparency.[23] Following the 2010 polls, the UEC focused on inter-election activities, including updating voter lists and registering over 90 political parties by 2012, though it faced accusations of favoritism toward military-aligned groups in party validations.[23] For the November 8, 2015, general elections, the UEC announced the date on July 8, 2015, and supervised voting across national, state, and regional legislatures, allowing broader participation than in 2010.[26] Observer missions from the Carter Center and Asian Network for Free Elections (ANFREL) reported generally peaceful voting and transparent vote counting at polling stations, though issues persisted with advance voting procedures and incomplete voter list accuracy in some areas.[26][27] The NLD achieved a supermajority, reflecting high voter turnout estimated at over 69%, but the UEC's operations were constrained by constitutional military reservations of 25% of seats and exclusion of Rohingya voters under citizenship laws.[27][28] In preparation for the November 8, 2020, elections, the UEC conducted voter list revisions and party deregistrations, canceling 40 parties in 2019 for failing administrative requirements, a move contested by affected groups as politically motivated.[23] The commission oversaw polling amid the COVID-19 pandemic, postponing votes in 18 townships due to conflict but proceeding elsewhere, resulting in another NLD supermajority with turnout around 72%.[29] Post-election, the military alleged widespread fraud, including voter list irregularities, but assessments by outlets like the BBC found no evidence of fraud sufficient to alter outcomes, attributing discrepancies to administrative errors rather than systemic manipulation.[30] Human Rights Watch highlighted ongoing flaws, such as the disenfranchisement of most Rohingya Muslims via discriminatory laws, underscoring the UEC's limited autonomy in addressing ethnic and citizenship-based exclusions despite its mandate for electoral integrity.[28] Throughout the period, the UEC's operations reflected a transition from military-dominated processes in 2010 to relatively more competitive frameworks by 2020, though structural biases persisted.[23]Post-2021 Military Coup Era
Following the military coup on February 1, 2021, the State Administration Council detained incumbent Union Election Commission chairman U Hla Thein and over 150 election officials, effectively purging NLD-appointed leadership.[7] On February 2, 2021, retired Major General Thein Soe, previously a military judge advocate general, was appointed as the new UEC chairman by the junta, with the commission restructured under SAC oversight to align with military directives.[31] Thein Soe's tenure focused on validating the junta's claims of widespread fraud in the 2020 elections, issuing reports that attributed irregularities to NLD interference and administrative lapses, though these findings relied on post-coup investigations amid restricted access and opposition suppression.[32] No national elections occurred under the post-coup UEC from 2021 to 2024, as the junta extended the state of emergency multiple times—initially for six months, then repeatedly up to 2025—citing ongoing armed resistance and security threats that controlled only about 21% of territory by mid-2025.[33] The commission instead prioritized deregistering parties critical of the coup, such as remnants of the NLD, and facilitating proxy alignments with the Union Solidarity and Development Party (USDP). In February 2024, Thein Soe was replaced as chairman by Ko Ko, a SAC appointee, following another emergency extension.[34] On July 31, 2025, after formally ending the state of emergency, the National Defence and Security Council appointed U Than Soe as the new UEC chairman alongside 13 members, accelerating preparations for phased general elections starting December 28, 2025.[35] The UEC outlined a roadmap covering voter list updates in secure areas, party nominations, and voting in junta-held regions first, but excluded conflict zones encompassing 42% of territory under rebel or ethnic armed control.[36] By October 2025, the commission had dissolved four parties for non-compliance, including the National Democratic Force, and disqualified candidates like Thet Thet Khine of the People's Pioneer Party, while pro-junta USDP secured at least 31 uncontested seats.[37][38] International observers and UN officials, including Secretary-General António Guterres, have criticized the process as lacking inclusivity and legitimacy, pointing to the exclusion of major opposition, media restrictions, and failure to address humanitarian crises amid civil war displacement of millions.[10] The UEC's actions, including uncontested allocations and party dissolutions, have been described by analysts as mechanisms to entrench SAC rule rather than restore democratic processes, with no independent verification of voter rolls or ballot integrity permitted.[9][8]Organizational Composition
Qualifications and Appointment of Members
The Union Election Commission (UEC) consists of a Chairperson and a minimum of four additional members, as stipulated in Article 398 of the Constitution of the Republic of the Union of Myanmar (2008, as amended).[39] These members are appointed by the President, with the process aligned to the provisions for appointing Union Ministers under Articles 232 and 233, which involve nomination and confirmation mechanisms.[39] Prior to the 2021 military coup, appointments required approval from the Pyidaungsu Hluttaw (Union Parliament), ensuring legislative oversight. Following the coup, the State Administration Council—effectively the military junta—has exercised direct appointment authority, bypassing parliamentary approval, as evidenced by Order No. 93/2021 appointing a new Chairperson and members on September 24, 2021.[40] Qualifications for UEC members are outlined in Article 398(b) and emphasize judicial or legal expertise, integrity, and non-partisanship. Candidates must be Myanmar citizens who have attained at least 50 years of age, possess "good moral character," demonstrate loyalty to the state, and hold no affiliation with any political party.[39] They are required to meet the eligibility criteria for election as a Pyithu Hluttaw (Lower House) representative under Article 120—such as being an elector and having no disqualifying criminal convictions—except for the representative age threshold of 25, which is superseded by the 50-year minimum.[39] Additionally, appointees must have substantial experience in law or related fields: at least five years as a High Court Judge, ten years as a judicial officer or law officer, or twenty years as an Advocate (practicing lawyer), or be deemed by the President as an "eminent person" qualified in administrative, economic, defense, security, or legal domains.[39] The Union Election Commission Law (No. 1/2010, enacted by the State Peace and Development Council) supplements these constitutional requirements by empowering the UEC to regulate its internal operations but does not alter the core qualifications or appointment framework, which remain constitutionally anchored.[22] Vacancies arising from resignation, death, or removal for incapacity are filled by the President (or equivalent authority post-coup) through the same process, ensuring continuity in commission functions.[39] This structure aims to insulate the UEC from direct political influence, though critics have noted that military-era appointments often prioritize regime-aligned figures with judicial backgrounds over independent electoral expertise.[23]List of Chairpersons
The Union Election Commission (UEC) of Myanmar has seen multiple chairpersons since its formation under the 2008 Constitution, with appointments typically tied to major electoral cycles or political transitions. Initial leaders were drawn from military backgrounds, reflecting the commission's origins in the post-junta reform period, while later appointments under civilian rule shifted toward non-military figures before reverting post-2021 coup.[41][42]| Chairperson | Term | Key Notes |
|---|---|---|
| Thein Soe | 2010–2011 | First chairman appointed for the 2010 general elections; former major general and judge advocate-general.[41] |
| Tin Aye | 2011–2016 | Oversaw the 2015 general elections; retired lieutenant general and former quartermaster-general.[42][43] |
| Hla Thein | 2016–2021 | Appointed on March 30, 2016; managed the 2020 general elections; arrested post-coup on fraud allegations.[44][45] |
| Thein Soe | 2021–2024 | Reappointed February 2, 2021, following the military coup; retired February 2, 2024.[31][34] |
| Ko Ko | 2024–2025 | Appointed February 2, 2024, as replacement; served until mid-2025 amid preparations for junta-planned polls.[46] |
| Than Soe | 2025–present | Appointed July 31, 2025, by the National Defence and Security Council for the 2025 elections.[35][47] |