[Date Prev][Date Next][Thread Prev][Thread Next][Date Index ][Thread Index ]

Strongest IPU resolution ever



                   INTER-PARLIAMENTARY UNION
               PLACE DU PETIT-SACONNEX GENEVA 19
 
 
                 Human rights of parliamentarians
 
 
MYANMAR
 
Parliamentarians still detained:
 
Case No. 176; myn/01 - Ohn Kyaing
Case No. 176; myn/04 - Khin Maung Swe
Case No. 176;/myn/09 - U Sein Hla Oo
Case No. 176; myn/10 - Win Hlaing
Case No. 176; myn/13 - Naing Naing
Case No. 176; myn/26 - Hla Tun
Case No. 176; myn/28 - Tin Aung Aung
Case No. 176; myn/36 - Myint Naing
Case No. 176; myn/41 - Zaw Myint
Case No. 176; myn/42 - Mya Win
Case No. 176; myn/50 - Wan Maung
Case No. 176; myn/60 - Zaw Myint Maung
Case No. 176; myn/71 - Kyi Myint
Case No. 176; myn/72 - Saw Win
Case No. 176; myn/73 - Fazal Ahmed
 
 
Parliamentarians deceased:
 
Case No. 176; myn/53 - Hla Than
Case No. 176; myn/55 - Tin Maung Win
Case No. 176; myn/66 - Win Ko
Case No. 176; myn/67 - Hla Pe
 
 
Parliamentarians newly arrested or rearrested:
 
Case No. 176; myn/68 - Aung Khin Sint
Case No. 176; myn/83 - Kyaw Min
Case No. 176; myn/84 - Soe Thein
Case No. 176; myn/85 - Khon Myint Htun
Case No. 176; myn/86 - Aye San
Case No. 176; myn/87 - Do Htaung
Case No. 176; myn/88 - Chit Htwe
Case No. 176; myn/89 - Myo Nyunt
Case No. 176; myn/90 - Hla Myint
Case No. 176; myn/91 - Saw Oo Reh
Case No. 176; myn/92 - Hla Min 
Case No. 176; myn/93 - Tin Aung
Case No. 176; myn/94 - Than Aung
Case No. 176; myn/95 - Tin Min Htut
Case No. 176; myn/96 - Kyaw Khin
Case No. 176; myn/97 - Saw Lwin
 
Case No. 176; myn/98 - Hla Min
Case No. 176; myn/99 - San Myint
Case No. 176; myn/100 - Than Nyein
Case No. 176; myn/101 - Hla Win
 
 
Resolution adopted without a vote by the Inter-Parliamentary
Council at its 160th session (Seoul, 15 April 1997)
 
The Inter-Parliamentary Council,
 
Referring to the outline of the case, as contained in the
report of the Committee on the Human Rights of
Parliamentarians (CL/160/14(a)-R.1), and to the resolution
adopted at its 159th session (September 1996) concerning the
above-mentioned elected members of the Pyithu Hluttaw
(People's Assembly) of the Union of Myanmar, 
 
Taking account of the information provided by one of the
sources on 7 April 1997,
 
Recalling that, in connection with a planned meeting of the
National League for Democracy (NLD) convened by Mrs.Aung San
Suu Kyi, a wave of arrests of NLD MPs-elect took place in May
1996 resulting in the detention of 235 MPs-elect, some of whom
have still not been released,
 
Considering that, since then, new arrests of NLD Mps-elect
have been reported, namely those of U Tin Aung, Dr. Than Aung,
Dr. Tin Min Htut, U Kyaw Khin, U Saw Lwin, U hla Min, U San
Myint, Dr. Than Nyein, Dr. Hla Win; that most are 
charged under the Emergency Provisions Act giving SLORC wide
discretionary power to arrest anyone it considers "to disrupt
the security or reconstruction of the stability of the Union",
 
Recalling that, shortly after the May 1996 crackdown on the
NLD, SLORC began to put pressure on the NLD MPs-elect to
resign from their positions as MPs-elect and from the party
itself; that members of military intelligence have reportedly
threatened and harassed MPs-elect, telling them that they and
their families would lose their jobs if they did not resign;
that in early September 1996, 20 NLD MPs-elect reportedly
resigned; that, according to the report which the United
Nations Special Rapporteur on Myanmar submitted to the 53rd
session of the United Nations Commission on Human Rights
(E/CN.4/1997/64), "NLD members of Parliament ... continue to
submit their resignation as a result, it is widely believed,
of the continual harassment and the pressure they are facing
from the authorities", 
 
Considering that one of them, U Hla Than, died in Yangon
General Hospital on 2August 1996; that, according to reports,
he had asked to be allowed to die at home but the military
authorities denied the request unless he resigned from the
NLD, which he refused to do,
 
Recalling that, according to the sources, there are consistent
reports of inhuman and degrading treatment in Myanmar prisons;
that Saw Naing Naing (MYN/13), Dr. Myint (M)Aung (MYN/60),
Myint Naing (MYN/36) and U Hla Than (MYN/53) were sentenced to
additional jail terms of five to twelve years each under the
Emergency Provisions Act for "causing or intending to disrupt
the morality or behaviour of a group of people or the general
public, or disrupting the security or reconstruction of the
stability of the Union", apparently on account of attempting
to pass information about prison conditions to the United
Nations Special Rapporteur on Myanmar, 
 
Bearing in mind that the United Nations Special Rapporteur on
Myanmar, in his report to the 53rd session of the United
Nations Commission on Human Rights (April 1997), expressed
deep regret that he had not been granted authorization to
visit the country; that his predecessor, during his last visit
to the country in  October 1995, had been denied access to any
of the political prisoners, 
 
Recalling that the Inter-Parliamentary Council has constantly
requested the Government of the Union of Myanmar to authorize
an on-site mission of the IPU to the country in order to
collect objective and precise data on the situation of the
MPs-elect concerned and that the authorities refused to do so
in 1992, arguing that the United Nations Special Rapporteur
had carried out a visit in October 1991; that they have since
consistently ignored the Union's request to carry out an
on-site mission, 
 
Recalling also that the authorities have remained silent, in
particular as regards the specific requests for information on
the conditions of detention of the MPs-elect concerned, 
 
Recalling further that the MPs-elect belonging to the NLD may
no longer participate in the work of the National Convention;
stressing in this connection that the authorities have
always affirmed that the representatives elected in 1990 would
be responsible for drawing up the new Constitution, 
 
Bearing in mind that, in his report to the 53rd session of the
United Nations Commission on Human Rights, the Special
Rapporteur on the situation of human rights in Myanmar stated
that "the National Convention, by reason of its mandate,
composition and procedures ... has not proved a positive step
and is devoid of democratic credibility. The political process
continues to appear deadlocked, with sweeping restriction in
law and practice on the exercise of virtually all human rights
and freedoms",
 
 
1. Reaffirms its indignation that the authorities of the Union
of Myanmar continue to ignore the outcome of the election of
27 May 1990, and considers in this respect that the National
Convention convened by SLORC on 9January 1993 is designed to
prolong and legitimize military rule against the will of the
people as expressed in the 1990 elections, and thus violates
the principle established in the Universal Declaration of
Human Rights that the "will of the people shall be the basis
of the authority of government";
 
2. Deplores the fact that the authorities of the Union of
Myanmar have remained silent on the serious allegations
regarding prison conditions in Myanmar and have not seen fit
to respond to the repeated requests for an on-site mission
which the Inter-Parliamentary Council and its Committee on the
Human Rights of Parliamentarians have constantly addressed to
them, most recently in July 1996;
 
3. Can only conclude from the persistent silence of the
authorities, in particular as regards prison conditions, and
their de facto refusal to authorize the visit of an
independent mission, that the allegations of human rights
violations are well-founded, and that the authorities of the
Union of Myanmar are guilty of manifest violations of human
rights;
 
4. Remains deeply concerned at the persistent reports of
inhuman prison conditions, involving cruel and degrading
treatment, prolonged shackling, lack of proper medical care
and insufficient food for both common and political prisoners,
and the practice of solitary confinement of the latter; 
 
5. Urges the authorities to release all MPs-elect still in
detention immediately and unconditionally, and to guarantee
their physical integrity and respect for their right to
freedom of expression, assembly and association, as their duty
commands; 
 
6. Expresses concern at the allegation that pressure is
exerted on NLD MPs-elect to resign and that the release of
those still detained may depend on their accepting such a
condition;
 
7. Urges the authorities to allow the United Nations Special
Rapporteur on the human rights situation in Myanmar to enter
the country and grant him free access to all the detained
Mps-elect he may wish to meet;
 
8. Recalls that the Union of Myanmar, a member of the United
Nations, is bound to respect the rights established in the
Universal Declaration of Human Rights, which is recognized
as a general standard on human rights;
 
9. Requests the Secretary General to convey these concerns to
the authorities, inviting them once again to provide the
requested information, and to seek their agreement to the
visit of a mission;
 
10. Calls on those member Parliaments whose countries are
members of ASEAN to be duly cautious about admitting a State
in breach of the most fundamental human rights norms;
 
11. Calls on all National Groups and member Parliaments to use
every available means to press the Union's concerns with the
Myanmar authorities;
 
12. Requests the Secretary General to convey this resolution
to the authorities of the Union of Myanmar, inviting them once
again to supply information regarding those NLD MPs-elect
currently detained;
 
13. Further requests the Secretary General to resume contact
with the Thai National Group with respect to the investigation
of the murder of Hla Pe;
 
14. Requests the Committee on the Human Rights of
Parliamentarians to continue examining the case and report to
it at its next session (September 1997).