Failure to observe presidential duties and qualities can be taken action against: Myanmar Military

Failure to observe presidential duties and qualities can be taken action against: Myanmar Military
Published 6 November 2020
EMG

Myanmar's military, in its statement released on November 5 to the news media, warned that failing to upholding duties that come with the presidency can be taken action against.

On November 4, President's Office Spokesperson U Zaw Htay said, in response to statements regarding the election by the military as well as words spoken by the Commander-in-Chief, that the UEC is an independent organization not beholden to the Union Government as perscribed in law.

The Tatmadaw's True News Information team released a statement on November 5 in regards to the press release at the President's Office, retorting the abovementioned question.

The statement by the military said that the press event simply referenced the law while failing to bring up the government's responsibility. According to Section 389(a) and Section 400 of the Constitution, the president holds power to form the commission as well as sue the commission's chair or members and thus showing that there is a flow of power between the both to keep each other in check.

It also said that the UEC bears the duty to hold the election to bring about the next president and government while the President is able to take action against the commission and thus both are responsible for each other.

The statement goes on to say that the fact that a government spokesperson is explaining with data, intead of the commission, as to why the election cannot be delayed shows that there are ties between the commission and the government.

Furthermore, it goes on to say that it is a simple logic to understand that despite the commission being an independent entity, the commission cannot hold a free and fair election without the cooperation of the government and saying that the government has no duty to bear in this mean grave ommission of duties. 

The military's statement also said that the nation's president swears in, as per Section 65, under oath that the president will perform his or her duties to the utmost of ability to promote fariness, freedom and equality. The president is beholden to fulfill those promises. It goes on to further claim that failure to observe the constitution and breaching them, being corrupt or are unable to carry out duties given unto the president or the vice-president are things that can be taken action against.

The military's statement also pointed out that the press release at the President's Office was inconsitent as despite claiming that the UEC is entirely independent from the govnerment, the spokesperson went on to explain that the qualities of both the ballot boxes and ballot envelopes are being checked by the government. The spokesperson allegedly said "deciding in advance that the election is not free and fair now is inapprorpriate" and then after saying "Our country's election had already began on October".

The statement by the True News Information Team also pointed out that the military's statement as well as Commander-in-Chief's words to Popular News Media never specified that the election was not fair but instead only reminded in order for the election to be free and fair.