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SPECIAL RAPPORTEUR ON MYANMAR-I



UNITED NATIONS
 
Distr.GENERAL
 
A/52/484
 
16 October 1997
                                                   
ORIGINAL:  ENGLISH
 
Fifty-second session
Agenda item 112 (c)
 
 
  HUMAN RIGHTS QUESTIONS:  HUMAN RIGHTS SITUATIONS AND REPORTS
           OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
 
               Situation of human rights in Myanmar
 
                  Note by the Secretary-General
 
 
The Secretary-General has the honour to transmit to the
members of the General Assembly the interim report on the
situation of human rights in Myanmar, prepared by Mr.
Rajsoomer Lallah, Special Rapporteur of the Commission on
Human Rights, in accordance with General Assembly resolution
51/117 of 12 December 1996 and Economic and Social Council
decision 1997/272 of 22 July 1997.
 
 
 
                              Annex
 
Interim report on the situation of human rights in Myanmar,
prepared by the Special Rapporteur of the Commission on Human
Rights, in accordance with General Assembly resolution 51/117
and Economic and Social Council decision 1997/272
 
 
                             CONTENTS
 
                                           Paragraphs  Page
 
I.   INTRODUCTION............................1 - 2      3
 
II.  ACTIVITIES OF THE SPECIAL RAPPORTEUR ...3 - 12     4
 
III. RIGHTS PERTAINING TO DEMOCRATIC 
     GOVERNANCE ...........................  13 - 42    6
 
IV.  THE RIGHT TO FORM AND JOIN TRADE UNIONS 43 - 49    12
 
V.   FORCED LABOUR ..........................50 - 68    13
 
VI.  VIOLATIONS AGAINST ETHNIC MINORITIES  69 - 142     17
 
       A. Violations of civil rights       71 - 109     17
 
       B. Treatment of the Muslim population 
            in Rakhine State ..............110 - 118    23
 
       C. The issue of citizenship ........119 - 127    24
 
       D. Conformity of the different forms 
          of citizenship with international 
          norms ...........................128 - 142    26
 
VII.   CONCLUSIONS AND RECOMMENDATIONS ....143 - 152    29
 
        A.Conclusions .....................143 - 151    29
 
        B. Recommendations ................152          31
 
 
 
                         I.  INTRODUCTION
 
1.  The mandate of the Special Rapporteur of the Commission on
Human Rights on the situation of human rights in Myanmar has
been described in each of the reports of the Special
Rapporteur to the General Assembly (A/47/651, A/48/578,
A/49/594 and Add.1, A/50/568 and A/51/466) and to the
Commission on Human Rights (E/CN.4/1993/37, E/CN.4/1994/57,
E/CN.4/1995/65 and Corr.1, E/CN.4/1996/65 and E/CN.4/1997/64). 
The mandate, initially articulated by the Commission in its
resolution 1992/58 of 3 March 1992 and extended most recently
in resolution 1997/64 of 16 April 1997 (approved by the
Economic and Social Council in its decision 1997/272 of 22
July 1997), required the Special Rapporteur to establish
or to continue direct contacts with the Government and people
of Myanmar, including political leaders deprived of their
liberty, their families and their lawyers, with a view to
examining the situation of human rights in Myanmar and
following any progress made towards the establishment of a
constitution of democratic governance, the lifting of
restrictions on personal freedoms and the restoration of human
rights in Myanmar.  In its resolution 1997/64, the Commission
called upon the Government of Myanmar to cooperate fully with
the relevant mechanisms of the Commission, in particular the
Special Rapporteur, and to ensure his access to Myanmar,
without preconditions, in order to allow him to discharge his
mandate fully, including through access to any person whom he
might deem it appropriate to meet in the performance of his
mandate; requested the Secretary-General to give all necessary
assistance to the Special Rapporteur; and requested the
Special Rapporteur to report to the General Assembly at its
fifty-second session and to the Commission at its fifty-fourth
session.
 
2.  The priority concerns of the international community with
regard to the situation of human rights in Myanmar are
referred to in the resolutions adopted by the various
competent organs of the United Nations over the past six
years, in particular General Assembly resolution 51/117 and
Commission resolution 1997/64, which are the most recent. 
These concerns may be summarized, in substance, as follows:
 
    (a) The continuing violations of basic human rights,
including extrajudicial, summary or arbitrary executions,
death in custody, torture, arbitrary and politically motivated
arrests and detention, absence of due process of law,
including trial of detainees in secrecy without proper legal
representation, severe restrictions on freedom of opinion,
expression, movement, assembly and association, forced
relocation, forced labour by children as well as adults,
including portering for the military, abuse of women and
children by government agents and oppression of ethnic and
religious minorities;  
 
    (b) The absence of significant steps towards the
establishment of democratic governance as expressed by the
will of the people at the elections of 1990;
 
    (c) The exclusion of the representatives democratically
elected in 1990 from participation in the long-drawn-out
proceedings of the National Convention, the severe
restrictions on delegates, including members of the National
League for Democracy (NLD), who have withdrawn and
subsequently were formally excluded from the sessions of the
Convention and who were unable to meet or distribute
their literature, the adoption by the Convention of a basic
principle conferring on the armed forces (Tatmadaw) a leading
role in the future political life of the State and the
conclusion that the National Convention does not appear to
constitute the necessary steps towards the restoration of
democracy;  
 
    (d) The severe restrictions on the freedom of expression,
association, assembly and movement placed upon Daw Aung San
Suu Kyi and other political leaders, harassment, detention and
forced resignations of elected representatives, the recent
attack against Daw Aung San Suu Kyi and other NLD members and
the mass arbitrary arrest of and the harsh sentences imposed
on members of NLD and other supporters of democratic groups,
including persons peacefully exercising their political and
civil rights; 
 
    (e) The forced relocation and other violations of the
rights of persons belonging to minorities, resulting in a flow
of refugees to neighbouring countries, and the continuing
attacks on groups, resulting in death, destruction and
displacement; 
 
    (f)  The violation of the rights of children in
contravention of the Convention on the Rights of the Child, in
particular through the lack of conformity of the existing
legal framework with the Convention, by the systematic
recruitment of children into forced labour and by
discrimination against children belonging to ethnic and
religious minority groups. 
 
 
             II.  ACTIVITIES OF THE SPECIAL RAPPORTEUR
 
3.  Since his appointment in June 1996 and, despite the
request renewed in latest resolutions of the General Assembly
and the Commission on Human Rights that he have direct access
to the Government and people of Myanmar, the Special
Rapporteur has so far not been allowed by the Government to
visit the country and to see the situation on the ground.
 
4.  It is significant to note that in their responses made
after the presentation of the reports of the Special
Rapporteur to the General Assembly in November 1996 (A/51/466)
and to the Commission on Human Rights in April 1997
(E/CN.4/1997/64), the representatives of the Government of
Myanmar in New York and Geneva indicated that the Special
Rapporteur would have the opportunity to visit Myanmar at a
mutually convenient time.
 
5.  Under those circumstances, the Special Rapporteur wrote
for the fourth time to the Government of Myanmar seeking its
cooperation and requesting its authorization to visit the
country.  In his latest letter, dated 4 June 1997, the Special
Rapporteur referred to his previous letters dated 9 and 26
July 1996 and 9 January 1997.  The Special Rapporteur again
expressed his continuing desire to have the cooperation of the
Government in order to allow him to discharge his mandate
fully.  He reiterated his wish to visit Myanmar as soon as
possible to examine the situation in situ and to meet with
appropriate governmental representatives as well as other
persons relevant to the fulfilment of his mandate, adding that
"such a visit would greatly assist in the establishment of a
fruitful and constructive dialogue".  There has again been no
response to his letter.
 
6.  The Special Rapporteur wishes to express his regret that
although he has for more than a year remained ready to visit
the country and to examine and discuss the situation in situ,
he has yet to be allowed by the Government of Myanmar to see
the situation on the ground, despite the requests expressed in
the resolutions of the General Assembly and the Commission on
Human Rights. 
 
7.  Notwithstanding the absence of cooperation on the part of
the Government of Myanmar, the Special Rapporteur, through his
missions and consultations, has continued to receive much
assistance and information from governmental,
intergovernmental and non-governmental sources.  He has also
received information from individuals connected in one way or
another with the situation in Myanmar.  He has further
received several well-documented reports describing the
situation in Myanmar, particularly in relation to the matters
over which the General Assembly and the Commission on Human
Rights have expressed concern.
 
8.  In his continuing effort to obtain the most accurate and
up-to-date information on the situation of human rights in
Myanmar, the Special Rapporteur visited Thailand in December
1996 to assess the situation of the displaced persons from
Myanmar living in refugee camps along the Thailand-Myanmar
border.  He reported on the situation of persons belonging to
the ethnic minorities living in the border areas. Displacement
has become a way of life for many of  them.  For the past 30
years, the Karen, Mon, Karenni and Shan ethnic groups have had
to flee their homes and lands in order to avoid conscription
into
compulsory labour for the military, in particular for
portering or for development projects.  The Special Rapporteur
has also mentioned the frequent violent attacks against
persons and property, which have often resulted in forced
displacement.  In addition to those developments, which have
caused serious consequences and social problems for the
population living in that area, military operations have
recently been undertaken in Karen State, and artillery
bombardment is reported to have caused not only property
damage but also human suffering and loss of life.  The
findings of the mission are reflected in section III of the
report to the Commission on Human Rights.
 
9.  In both of his reports, the Special Rapporteur described
the politico-legal system in Myanmar.  The present legal and
institutional framework through which legislative, executive
and judicial powers continued to be exercised in Myanmar was
not in conformity with established international norms
governing human rights.  Those norms required that the
authority of Government be based on the will of the people and
that such will be expressed in genuine elections in which
everyone is entitled to participate, either directly or
through freely chosen representatives.  Several years had
passed since the will of the people in Myanmar was freely
expressed in general elections in 1990, but that will
continued to be frustrated.  The National Convention,
established by the authorities in 1993 to devise principles to
govern a new constitution, had been afflicted by criticism
that it is unrepresentative, that its procedures obstruct
meaningful debate and, in particular, that it coffers a
leading role on the armed forces in the future political life
of the country.  There was no indication as to when its
proceedings would end.
 
10. In the meantime, the suppression of the exercise of civil
and political rights had been reported to have attained new
heights.  A panoply of laws continued to be used to
criminalize and punish the very exercise of civil and
political rights.  There were still frequent allegations of
arbitrary killings of civilians and insurgents by members of
the armed forces.  Acts of torture or other cruel or inhuman
treatment were reported to occur frequently, especially
in connection with large-scale displacement of persons
belonging to ethnic minorities.  Due process of law continued
to be flouted.  In particular, NLD and its leadership were
reported to be the constant subject of harassment and
oppression to the extent that NLD found it necessary to write
to the authorities to highlight specific instances of arrest,
harassment and other unjustified actions by officials.  On the
other hand, peaceful protests by students were reported to
have been met by the closure of the universities, thus putting
in jeopardy the education of a generation of the youth of the
community.
 
11. The Special Rapporteur concluded in his reports that the
absence of respect for the rights pertaining to democratic
governance, as expressed by the people in the elections of
1990, was at the root of all the major violations of human
rights in Myanmar and that the establishment of a democratic
order in itself would create the most secure basis to remedy
the situation and to create the proper infrastructure for the
protection and enjoyment of human rights.
 
12. As the Special Rapporteur awaits the response of the
Government of Myanmar to his request for a visit to the
country, he continues to study the general situation of human
rights in Myanmar.  His final report to the Commission will
again address the situation in terms of the human rights
obligations of Myanmar.  In the meantime, the Special
Rapporteur submits the present report, which is based upon
information received up to 30 August 1997.
 
 
         III.  RIGHTS PERTAINING TO DEMOCRATIC GOVERNANCE
 
13. In the absence of any improvement in the overall situation
of human rights in Myanmar, the Special Rapporteur must state
with regret that his previous conclusions relating to the
causes of human rights violations in Myanmar remain valid. 
The Special Rapporteur had previously emphasized that the core
of the problem in Myanmar lay in the absence of respect for
rights pertaining to democratic governance insofar as that
absence implied a structure of power that was autocratic and
accountable only to itself, thus inherently resting on the
denial and repression of fundamental rights.
 
14. The politico-legal structure of Myanmar has not changed in
the past year, and the exercise of power under such a
structure continues to be used in a manner and to an extent
that persistently violates basic and universally accepted
civil and political rights.  The laws in place in Myanmar, on
which the Special Rapporteur commented in his previous
reports, continue to be used together with a host of executive
orders to criminalize many aspects of normal civilian conduct,
especially political activities.  In that regard, the Special
Rapporteur continues to receive information that gives rise to
grave concerns. 
 
15. With respect to restrictions on political parties, reports
indicate that in Myanmar they are subject to intense and
constant monitoring by the State Law and Order Restoration
Council (SLORC).  In that regard, the Special Rapporteur
received several reports of acts aimed at restricting the
activities of political parties in addition to the existing
SLORC orders, including one prohibiting the assembly of five
or more persons, which remains in effect.  Members of
political parties are not allowed to leave their locality
without prior permission from the authorities, otherwise they
risk arrest and interrogation by the police or military
intelligence agents.
 
16. Numerous reports indicate that although Daw Aung San Suu
Kyi is no longer under house arrest, her freedom of movement,
association and expression nevertheless continue to be
severely curtailed by the presence of military roadblocks
outside her residence.  The objective of the roadblocks is to
prevent or deter people from seeing her and to put a stop,
since the end of last year, to her weekly meetings and
addresses to the members of NLD, its sympathizers and
the citizens of Myanmar generally.  The reports further
indicate that she is subject to vilification and
unsubstantiated allegations by certain officials of
the regime and the government-controlled media without the
possibility of defending herself.  Indeed, it would appear
that even watching a videotape portraying her could amount to
a criminal offence.
 
17. It was reliably reported that 11 men and 6 women members
of NLD left Prome by train on the evening of 11 February 1997
to attend the NLD Union Day celebration at Yangon.  When the
train stopped at Tharawaddy station, soldiers and policemen
arrived, arrested 15 NLD members (two of the women were not
arrested) and took them away by car to the quarters of the
thirty-fifth regiment.  The four women arrested were Daw Myint
Myint Khin, Daw Tin Hlaing, Daw Than Than Nu and Daw Aye Mya
San.  The men were U Aund Myint, U Myo Thein, U Aung Myo
Myint, U Shwe Thein, U Myint Than, U Paik Tin, U Myint Htwe,
U Chit Tin, U Win Naing, U Aung Thein Win and U Thein Zaw. 
Seven people who had come from Prome and Kama by car to attend
the NLD Union Day celebration were also reportedly arrested in
Tharawaddy.
 
18. Fifty-eight others, including U Aye Than, U Ohn Naing, U
Khin Maung Myint, U Min Aung, U Tin Myint, U Ohn, Ko Tin Oo,
Daw Tin Tin Hla, Daw San Yee, Daw San San Myint, Daw Sein
Sein, Ma Tin Than Oo, Ma Tin Than Aye, Daw Khin Kyu and Ma Aye
Aye Mar, were also arrested while they were on their way to
attend the Union Day celebration in Yangon.  U Khin Maung, U
Chit Than, U Pe Win and U Thein Han were also arrested while
on the way to attend the Union Day celebration.  U Thaung Aye,
a member of the NLD Irrawaddy Division organizational
committee, was told to sign an undertaking not to go outside
Maubin.  Because he refused, he was sentenced to three months
in prison.
 
19. Gatherings of political parties are routinely repressed;
NLD members and their sympathizers are prevented from
attending the gatherings.  They are methodically arrested
either on their way to such meetings, as mentioned above,
or after attending the gatherings.
 
20. U Soe Hlaing, Chairman of the NLD organizational committee
of Thanatpin, U Tin Tun, Secretary, and U Soe Nyunt, Joint
Secretary, were reportedly arrested because they attended the
NLD Union Day celebrations.  U Tin Tun was released, while the
others were charged under section 5(e) of the 1950 Emergency
Provision Act and sent to Pegu jail.
 
21. Dr. Hla Win, NLD Member of Parliament representing
Kyaungon, Mahn Tin Win, interim Chairman of the NLD
organizational committee of Kyaungon township, U Wa Toke, U
San Shein and U Thein Han attended the Union Day ceremony. 
After they went back to Kyaungon, a township meeting was held
on 15 February 1997.  While the meeting was in process, two
carloads of policemen and military intelligence officers
arrived and ran into the NLD office.  Hla Win and U Saw Lwin
were handcuffed and taken to the police station with 14 other
members of the organizational committee.  A certificate and
other papers were taken away.  All 16 were held at the
Kyaungon police station until 17 February, when all except Hla
Win, U Saw Lwin, U Thein Han, Mahn Tin Win, U Wa Toke and
U San Shein were released.  Charges were brought against the
six, who are reportedly still under house arrest.
 
22. According to reports from a number of sources, the
harassment and arrests culminated during the third week of May
1997 when more than 300 NLD members were arrested as a
pre-emptive attempt by Myanmar authorities to prevent a party
congress commemorating the seventh anniversary of the NLD
victory in the 1990 elections.  Those arrested included at
least 60 elected Members of Parliament and senior party
members.  Many of the arrests took place in the Mandalay and
Sagaing divisions as the NLD members were preparing to travel
to Yangon to attend the congress.  In other parts of the
country, such as Ayeyarwadey Division and Shan, Mon and Kayin
(Karen) states, it was further reported that a dozen others
were detained in their homes and have been told that they
would be arrested if they attempted to go to Yangon.  The
congress was due to take place on 27 and 28 May 1997 at the
home of the NLD General Secretary, Daw Aung San Suu Kyi.
 
23. On 27 May 1997, the Chairman-Rapporteur of the Working
Group on Arbitrary Detention, together with the Special
Rapporteur, sent a letter to the Myanmar Minister for Foreign
Affairs drawing the attention of the Myanmar authorities to
information received and requesting information concerning the
situation of the above-mentioned persons and the legal basis
of their detention.
 
24. On the same day, the officer-in-charge of the Office of
the United Nations High Commissioner for Human Rights issued a
press release expressing his deep concern at reports of
detentions and arrests of NLD members and called upon the
Government of Myanmar to respect fully international norms of
human rights and the principles enshrined in the Universal
Declaration of Human Rights.
 
25. The Myanmar authorities questioned the validity and
objectivity of the sources of the information.  According to
Myanmar officials, most of the information provided was not
accurate because it emanated from sources hostile to the
Government.  The Myanmar authorities denied that anyone had
been arrested or detained.  In that regard, the Office of the
United Nations High Commissioner for Human Rights received a
letter dated 18 June 1997, the following extracts of
which speak for themselves:
 
        "The NLD's so-called election anniversary was held in
Yangon on 22 and 26 May 1997.  The meeting was chaired by NLD
Central Executive Committee members U Aung Shwe and U Tin Oo. 
Seventy party members attended the meeting.  The points from
the annual party were discussed during the course of the
meeting and the outcome of the deliberations were to be
circulated to party members after 28 May 1997.
 
        "No preparations had been made inside Daw Aung San Suu
Kyi's compound or any other place to hold meetings on 27 and
28 May 1997    
 
"No official request was put up to the authorities concerned
by the NLD officials to hold such meetings.
 
       "However, invitations were distributed by NLD not only
to its members, but also to diplomats and journalists.
 
        "About 80 NLD members gathered at four different
points on the morning of 27 May 1997.  The embassies of the
United States, United Kingdom, Australia and Italy sent
representatives to attend the function. 
 
        "The NLD members and the embassy officials were
briefed by the authorities that no official request was made
by the NLD officials to hold such meetings and that no
preparations have been made at Daw Aung San Suu Kyi's
residence for those gatherings.  The authorities, after
explaining the situation, requested them to leave the area.
 
        "No one had been arrested by the authorities.  But
there were instances where local authorities had requested
some invited party members to refrain from taking a course of
action which is geared to create chaos and instability in the
country.
 
        "The Government is only trying to maintain law and
order as well as stability in the country.
 
        "The situation in Yangon is calm and business is going
on as usual.
 
"26. Distribution of party literature to the public is not
allowed, and political parties are generally forbidden to use
any means such as videotapes or printing equipment for the
reproduction and distribution of their bulletins, pamphlets
and statements.  In this situation, it is difficult to assume
that open discussion can possibly take place in Myanmar.  The
expression of political views is not permitted unless it is in
support of the present military regime.  Thus, in Minchaung
village of Inle Lake in Nayungshwe, U Nhaung, U Aung Ba, U Soe
Win and U Chit Pwe were reportedly sentenced to two years'
imprisonment each for watching a videotape that featured Daw
Aung San Suu Kyi.
 
27. U Hla Myint, NLD Member of Parliament representing Maubin,
was given a prison sentence of two years on the ground that he
had spoken disrespectfully to Township Law and Order
Restoration Council (TLORC).  U Win Shein, chairman of the NLD
township organizational committee, was kept in prison for six
months for making a speech and flying the NLD flag.  U San
Myint, NLD Member of Parliament for Laymyetnha, was sentenced
to two years in prison under the videotape act. 
 
28. The Special Rapporteur continues to receive reports
alleging that SLORC continues to harass and keep the NLD
supporters under pressure by sentencing their members under
made-up charges when they decline to resign.  Thus, U Khin Tun
was reportedly told by SLORC to resign from his position as
Secretary of the NLD organizational committee in Maubin.  He
refused to resign and was consequently sentenced to three
months in prison. 
 
29. U Saw U Re was reportedly forced to resign from NLD and
also from Parliament and then sentenced to 17 years'
imprisonment. 
 
30. NLD members who refused to resign and who have not been
arrested, and their families, are reportedly facing other
harassments, such as being forced to vacate apartments.
 
31. U Nyunt Win, an NLD Member of Parliament representing the
Yeki constituency, was told by SLORC to resign from his
position.  Because he refused, he was told by the Town and
Village Housing Development Board, which claimed that its
action was in accordance with the directive dated 6 November
1996 of the Irrawaddy Division Law and Order Restoration
Council, to vacate the State-owned apartment where he and his
family lived. 
 
32. U San Pe, a member of NLD, had allowed an NLD office to be
opened in his house.  His wife, Daw Ohn Kyi, had a small
restaurant on the grounds of Shwebo College.  She was told
that her husband was not free from party politics and was
made to shut down her shop in October 1996.  U Aung Kyaing,
NLD Member of Parliament representing Nyaungdon, was pressured
to resign from NLD and from Parliament.  His daughter, a
schoolteacher, was threatened with dismissal if her father did
not resign.
 
33. It would appear that, as a result of harassment or
pressure from the authorities, a considerable number of NLD
Members of Parliament have resigned in the period from 1991 to
1996.
 
34. The following NLD Members of Parliament have reportedly
resigned since the beginning of 1997:  U Aung Tin,
representing Shadaw, Kayah, and U Boe Thin, representing
Loikaw, Kayah, on 13 January; U Thaung Ye, representing
Danubyu, Irrawaddy, on 21 January; U Maw Ni, representing
Yesagyo, Magwe, on 11 February; Daw Sein Tin, representing
Shwegu, Kachin, on 23 February; Dr. Thaung Tin, representing
Wundwin, Mandalay, on 25 February; U Saw Htun Lwin,
representing Hlaingbwe, Karen, on 5 March; U Pu Htwe,
representing Bhamo, Kachin, on 17 March; U Tin Ohn,
representing Padung, Pegu, on 21 March 1997; U Kyaw Win,
representing Htigyang, Sagaing, on 8 May; and U Than Kywe,
representing Hlaingthaya, Yangon, resigned on 18 June.
 
35. In August 1997, Yangon Radio Myanmar reported as follows:
 
        "U Ba Nyein of the National League for Democracy, an
elected member of the People's Assembly in Banmauk township
constituency, Sagaing Division, during the multiparty
democratic general elections, citing old age and poor health,
has submitted his resignation of his own volition to withdraw
as elected representative."
 
        "U Tun Yi of the National League for Democracy, an
elected member of the People's Assembly in Thandwe [Sandoway]
township constituency, Arakan state, during the multiparty
democratic general elections, has submitted his resignation of
his own volition to withdraw as elected representative as he
has already resigned from the NLD." 
 
        "Khin Maung Swe of the National League for Democracy,
an elected member of the People's Assembly in Sagaing township
constituency-2, Sagaing Division, during the multiparty
democratic general elections, has submitted his resignation of
his own volition to withdraw as elected representative as he
had already retired from NLD."
 
36. The Special Rapporteur has received information that on 21
February 1997, in Taungu, Pegu Division, 18 members of the
Taungu NLD Township Organizational Committee were taken away
by the police and members of the Ward/Village Law and Order
Restoration Councils without any reason given.  Those taken
away were U Myat Thu, U Saw Tun Nwe, U Maung Win, U Myint
Thein, U Thet Tun, U Kyaw Win, U Tin Thaung, U Kyaw Myint, U
Tun Tin, U Tin Soe, U Pe Win and U Kyaw Win.  Those arrested
were taken away in army vehicles on 22 February. According to
reports dated 24 February, the arrested people were seen in an
army camp near Tabye village in Htandabin township.  Later, U
Saw Tun Nwe was found dead at a roadside in the vicinity of
his native village. 
 
37. The following members of NLD in Kyaungon township have,
according to information received by the Special Rapporteur,
been sentenced to prison: U Tin Aung (NLD Member of Parliament
for Wakema), U Kyaw Din (Chairman of NLD Organizational
Committee), U Ko Wai (Secretary), U Aung Kywe (Joint
Secretary), U Win Kyi, U Tun Shwe, U Tin Nyein, U Maung Kan, U
Yu Wai, U Pe Tin and Daw Khin Yee are reported to be serving
time in Maungmya Jai.  They were charged under section 5(e) of
the 1950 Emergency Provision Act for having taken a prominent
part in the funeral of a one-time member of the NLD
Organizational Committee.
 
 
Due process of law
 
38. The Special Rapporteur, in his previous report to the
General Assembly (A/51/466, paras. 62 to 71), analysed the
notion of due process of law in Myanmar.  He came to the
conclusion that neither is due process of law respected nor is
the rule of law upheld.  The information received during the
past year confirms that there is consistent failure to respect
due process and the rule of law, as the following examples
demonstrate.
 
39. In January 1997, the trial of 20 people was, according to
reports received by the Special Rapporteur, held in a closed
session in Yangon and the accused were denied access to legal
counsel.  The group, which included six NLD members was jailed
for seven years for allegedly "inciting students and
non-students during December 1996 student demonstrations".
 
40. It was reported that U Thaung Tin, the Chairman of the NLD
Organizational Committee at Palaing village in Shwebo
township, was arrested, summarily tried on the same day and
given a two-year prison sentence.  He was accused of inciting
farmers to refrain from selling rice to the authorities.
 
41. The Special Rapporteur has received information that U Hla
Min, an NLD Member of Parliament for Kawthaung, Tenasserim,
was denied access to legal counsel and was not informed what
he was accused of.  He was sentenced to seven years in prison
under section 5(e) of the 1950 Emergency Provision Act.
 
42. Another reported case of an unfair trial has been brought
to the attention of the Special Rapporteur.  At Insein prison,
22 political prisoners were refused access to legal counsel. 
There were also reports that beatings and torture were used as
a means of obtaining confessions for use as evidence against
some of the accused.  The prisoners (Myo Myint Nyein, Zaw Tun,
Nyunt Zaw, Soe Htet Khaing, Aung Kyaw Oo, Zaw Min, Phyo Min
Thein, Win Thein, Aung Myo Tint, Htay Win Aung, Yin Htway, Win
Tin, Hla Than, Ko Ko Oo, Kyi Pe Kyaw, Kyaw Min Yu, Myat Tun,
Sein Hlaing, Zaw Myint Aung, Soe Myint, Ba Myo Thein) were
charged under section 5(e) of the 1950 Emergency Provision Act
for writing and distributing allegedly false information. 
They all received an additional sentence of seven years with
hard labour.