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IPU RESOLUTION ON THE UNION OF MYAN



Resolution adopted without a vote by the 
Inter-Parliamentary Council 
at its 163rd session (Moscow, 12 September 1998)
                                   

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/163/12(a)-R.1), and
to the resolution adopted at its 162nd session (April 1998) concerning the
above-mentioned elected members of the Pyithu Hluttaw (People's Assembly)
of the Union of Myanmar,

Taking into consideration the information supplied by the
Permanent Representative of the Union of Myanmar to the United
Nations Office at Geneva in his communication of 8 May 1998,

Taking account of the information provided by the sources
in communications dated 22 and 23 June, 1 and 29 July, and 7 and 9
September 1998,

Recalling that the persons concerned are all members of the NLD (National
League for Democracy) elected in the legislative elections of 27 May 1990
to the Pyithu Hluttaw which the military regime in power, the SPDC - State
Peace and Development Council (formerly known as SLORC) - has to date
failed to convene; that 15 are among those arrested between 1990 and 1993
under legislation proclaiming a state of emergency; that the others were
arrested in the ensuing years, the majority under the Emergency Provisions
Act which gives the ruling authorities wide discretionary power to arrest
anyone they consider "to disrupt the security or reconstruction of the
stability of the Union",

Considering that, in its resolution 1998/63, the United Nations Commission
on Human Rights "expressed its deep concern that the Government of Myanmar
has still not implemented its commitment to take all necessary steps
towards democracy in the light of the democratic elections of 1990, while
noting that the absence of respect for the rights pertaining to democratic
government is at the root of all major violations of human rights in
Myanmar", and called on it "to take urgent and meaningful measures to
ensure the establishment of democracy in accordance with the will of the
people as expressed in the democratic elections held in 1990 ...",

Considering that, according to information provided by the authorities on
18 May 1998, Tin Oo and Min Soe Lin had not been arrested; that Than Nyein
and May Win Myint, using the forming of a youth working group at the
Mayangone NLD office as a pretext, planned a mass meeting despite the
authorities= injunction against such activities; that they defied the ban
and held anti-government rallies on three roads; that they were then
charged under Section 5(j) of the Emergency Provisions Act, found guilty
and sentenced to 7 years' hard labour (6 years according to the source) on
9 December 1997; that San San, who had previously been sentenced on 30
April 1991 to 25 years' imprisonment, the sentence being reduced in May
1992, was re-arrested on 28 October 1997 for providing false information to
foreign media and taking a leading role in anti-government mass rallies;
that  the reduction was cancelled on 31 October 1997 under Section 401(3)
of the Code of Criminal Procedure and that she is now serving the remaining
part of her sentence; considering in this regard that, according to the
source, the charges against her relate to an interview she gave to the BBC
in 1997, which the authorities denied, 

Considering that since the last session of the Inter- Parliamentary
Council, in April 1998, the Committee has received a large number of
allegations of arrest and harassment of many Mps-elect, 


       1.  Thanks the authorities of the Union of Myanmar for the
information supplied on the situation of some MPs-elect; 
       
       2.  Notes that in June 1998, the National League for Democracy,
which obtained 80% of the vote in 1990, demanded that Parliament be
convened by 21 August 1998 at the latest and stated that, failing this, it
would unilaterally convene the Assembly; that the military Government and
the NLD, whose leader, Mrs. Aung San Suu Kyi, was restricted in her
movements and received death threats, have been at loggerheads ever since;
       
       3.  Notes that since the last session of the Inter- Parliamentary
Council, 73 new MPs-elect have been arrested in Myanmar, including 42 in
September in the course of the mass arrest of some 110 NLD members, and
that, according to the Government, they had been "invited", as a security
measure, to reside in official housing so that they could exchange views on
the party's intention to convene Parliament unilaterally; expresses its
deep concern at this new development and urges the authorities to release
the above-mentioned MPs-elect immediately and unconditionally; 
       
       4. Reaffirms its indignation at what can only be interpreted as the
authorities' will to disregard the outcome of the elections of 27 May 1990,
and reaffirms that their refusal to convene Parliament constitutes a
violation of the principle established in Article 21 of the Universal
Declaration of Human Rights that "the will of the people shall be the basis
of the authority of government";
       
       5. Affirms that in demanding that Parliament be convened, the
elected NLD representatives are merely defending the rights of their
constituents to take part in the conduct of public affairs through
representatives of their choice and their own right to discharge the
mandate entrusted to them in 1990, and urges the authorities of Myanmar to
meet that demand without further delay;
       
       6. Notes that the authorities have never provided the
Inter-Parliamentary Council with the information requested on the
MPs-elect=s conditions of detention; and, concerned at the condition of
detention and ill-treatment to which the MPs-elect are allegedly subjected,
requests the authorities to provide the relevant information in order to
dispel any doubt on the matter;
       
       7. Expresses consternation at the death in prison, on 7 August 1998,
of Hla Than and wishes to ascertain the causes and exact circumstances of
his death; 
       
       8. Notes with concern the continuing allegations that the Government
of Myanmar is putting 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; notes in
this connection that the report of the United Nations Secretary- General to
the 54th session of the United Nations Commission on Human Rights mentions
cases of forced resignation from the party, arbitrary arrest, violation of
freedom of expression, movement and association, and other restrictions on
normal political activity;
       
       9. Notes that, according to the authorities, Tin Oo and Dr. Min Soe
Lin have not been arrested; wishes to ascertain the situation of Nan Khin
Htwe Myint, Ohn Maung, Tin Myint Htut, Mahn Kyaw Ni and David Hla Myint, in
particular whether they have indeed been arrested and sentenced and, if so,
on what grounds;
       
       10. Reiterates the concerns and considerations expressed in its
previous decisions and in the resolutions of the Inter-Parliamentary
Council regarding the situation of the other imprisoned Mps-elect,
particularly its wish to receive detailed information on the places and
conditions of their detention and on their state of health; and again
requests the authorities to verify the information contained in the
attached list;
       
       11. Recalls that the Union of Myanmar, as a member of the United
Nations, is bound to respect the rights established in the Universal
Declaration of Human Rights, which is recognised as a general standard on
human rights, in particular the right of all to take part in the conduct of
public affairs, the right to liberty and security of person, the right to
be treated with dignity and humanity, the right to fair trial and the right
to freedom of expression and        association;
       
       12. Reiterates its appeal to members of the Inter- Parliamentary
Union to act in support of respect for democratic principles in Myanmar,
and requests the Secretary General to send them a letter to this end;
       
       13. Regrets the authorities' lack of response to its consistent
requests to conduct an on-site mission to the Union of Myanmar, which it
wishes formally to reiterate in order to meet with the authorities and the
leaders of the opposition, in addition to visiting arrested or imprisoned
MPs-elect, to shed light on the alleged facts;
       
       14.  Requests the Secretary General to convey this resolution to the
authorities; 
       
       15.  Requests the Committee on the Human Rights of
Parliamentarians to continue examining the case and report to it at its
next session (April 1999).
       
**************************


MYANMAR

Parliamentarians arrested between 1990 and 1993 and still detained:

CASE N/ MYN/01  - OHN KYAING
CASE N/ MYN/04  - KHIN MAUNG SWE
CASE N//MYN/09  - SEIN HLA OO
CASE N/ MYN/10  - WIN HLAING
CASE N/ MYN/13  - NAING NAING
CASE N/ MYN/26  - HLA TUN
CASE N/ MYN/28  - TIN AUNG AUNG
CASE N/ MYN/36  - MYINT NAING
CASE N/ MYN/41  - ZAW MYINT
CASE N/ MYN/42  - MYA WIN
CASE N/ MYN/60  - ZAW MYINT MAUNG
CASE N/ MYN/68  - AUNG KHIN SINT
CASE N/ MYN/71  - KYI MYINT
CASE N/ MYN/72  - SAW WIN
CASE N/ MYN/73  - FAZAL AHMED


Parliamentarians arrested since 1996:

CASE N/ MYN/64   - DAVID HLA MYINT
CASE N/ MYN/83   - KYAW MIN
CASE N/ MYN/84   - SOE THEIN
CASE N/ MYN/85   - KHUN MYINT HTUN
CASE N/ MYN/86   - AYE SAN
CASE N/ MYN/87   - DO HTAUNG
CASE N/ MYN/89   - MYO NYUNT
CASE N/ MYN/88   - CHIT HTWE
CASE N/ MYN/100  - HLA MYINT
CASE N/ MYN/101  - SAW OO REH
CASE N/ MYN/102  - HLA MIN
CASE N/ MYN/103  - TIN AUNG
CASE N/ MYN/104  - KYAW KHIN
CASE N/ MYN/105  - KYIN THEIN
CASE N/ MYN/106  - KYAW TIN
CASE N/ MYN/107  - SAN MYINT
CASE N/ MYN/108  - MIN SWE
CASE N/ MYN/109  - THAN AUNG
CASE N/ MYN/110  - TIN MIN HTUT
CASE N/ MYN/111  - SAW LWIN
CASE N/ MYN/112  - HLA WIN
CASE N/ MYN/113  - AYE THAN
CASE N/ MYN/114  - OHN NAING
CASE N/ MYN/115  - Thein Zan
CASE N/ MYN/116  - NYUNT HLAING
CASE N/ MYN/117  - Kyaw Myint
CASE N/ MYN/118  - THAN NYEIN
CASE N/ MYN/119  - MAY WIN MYINT
CASE N/ MYN/120  - SAN SAN
CASE N/ MYN/121  - TIN OO
CASE N/ MYN/122  - MIN SOE LIN
CASE N/ MYN/123  - NAN KHIN HTWE MYINT
CASE N/ MYN/124  - OHN MAUNG
CASE N/ MYN/125  - MAHN KYAW NI
CASE N/ MYN/126  - TUN WIN
CASE N/ MYN/127  - BO HTWAY
CASE N/ MYN/128  - THA AUNG
CASE N/ MYN/129  - KYI LWIN
CASE N/ MYN/130  - TIN WIN


Parliamentarians deceased:

CASE N/ MYN/53  - HLA THAN
CASE N/ MYN/55  - TIN MAUNG WIN
CASE N/ MYN/66  - WIN KO
CASE N/ MYN/67  - HLA PE