Representatives of the People elected to the People's Parliament in the 1990 multiparty democratic elections
(Committee representing the People's Parliament)

Notification No 5 (2/99)

 

1. Statement 16(1/99) dated 29 January 1999 issued by the National League for Democracy is amended to read as Notification 3(1/99) of the Committee representing People's Parliament elected in the 1990 multiparty general elections (Committee representing People's Parliament).

2. With regard to the matters given in the said statement, further facts that have come to light are:-

(a) By resorting to unlawful devices an attempt was made to oust by  force and intimidation the legally elected People's Parliament representative for Mandalay Division, Taungtha township, Constituency 2. Information to hand now is that the meeting was not attended by any of the constituents of the wards in Taungtha town.

(b) Information has been received that the authorities hoodwinked the simple villagers (whose only concern is to make an honest living) by pressure and threats such as :-

(1) If they failed to attend the meeting there was no guarantee that they would or would not be penalised, and that they ran the risk of  loss of life and property and other dangers.

(2) Every person aged 18 years and over was compelled to sign blank papers giving particulars such as name, occupation, date of birth and address. (In 1990, at the time the elections were held how could these  young people have reached the age of eighteen?) Deliberate dishonesty.

3. The National League for Democracy asked for the convening of a People's Parliament as required by law which was ignored by the authorities. Without a People's Parliament how and who can assess whether the performance of an elected representative is for the benefit of his constituency or not. It is very clear that this is a deliberate unfair and unjust exercise against the National League for Democracy and the NLD parliamentarians elect.

4. On 26 September 1998, the State Law and Order Restoration Council,  which has been succeeded by the Stated Peace and Development Council decreed the Judicial Law and the relevant portions are reproduced for the information of the residents of the Taungtha Township.


Chapter 2 of the Law Guiding Principles for the Adjudication of Cases Section 2- 

Cases shall be adjudicated based on the following guiding principles:-

(a) Judicial proceedings shall be independent and in accordance with  the law.

(b) Shall contribute to the restoration of peace and tranquillity and  law and order for the protection and benefit of the people.

(c) To enable a better understanding of the law by the people and create the desire to abide by it.

(d) Decisions should be within the bounds as set out in the law and to obtain satisfaction and finality as prescribed by the law.

(e) Trials must be open to the public unless specifically prohibited by law.

(f) Opportunity to prepare a defence must be given and the right to appeal as prescribed by law.

(g) Sentencing must be with a view to reforming the character of the offender.


Chapter 4 of the Law

Jurisdiction of the Supreme Court

Section 4.
The jurisdiction of the Supreme Court is as stated hereunder

(a) Original criminal cases and original civil cases.


5. In every country all over the world, the elected representatives of  the people are given full power to act for and on behalf of the people through a parliament. They are respectable and honourable persons. By damaging their reputation and causing them untold suffering, the attitude of the authorities is transparent. It reflects a lack of understanding of future consequences. Exercising controlling power to do just as they wish with no consideration for the honour of the country is 
immoral and wrong and should never be practiced.

6. To prevent a lowering of the country's honourable reputation and to prevent further damage to the characters of those persons initiating these unlawful acts we solicit that this practice of making scapegoats of innocent defenceless people be immediately halted.

7. U Than Tun, the elected NLD representative of the Taungtha Township, Mandalay Division and a member of the Committee representing People's Parliament and all the other parliamentarians-elect have to this day been denied the right to perform their legal duties by the authorities because of their failure to convene a People's Parliament.

8. People's Parliament representatives are bound to fulfill their obligations to the people by enactments through a parliament (Pyithu Hluttaw). Therefore, those representatives that have been elected by virtue of the 1990 Pyithu Hluttaw Law can not be removed from office under any circumstances by any law, rule, order or whim of any person. 
This position has been clearly stated by the Committee representing  People's Parliament in its Notification 1 dated 17 September 1998.

9. We strongly admonish and remind the authorities to refrain from  applying such mala fide measures that have been resorted to against U Than Tun, the People's Parliament representative of Taungtha Township, Mandalay Division and other People's Parliament representatives and to stop terrorising and making scapegoats of the people.


Committee Representing the People's Parliament
3 February 1999

(Responsibility for this publication is taken by the National League for  Democracy.)