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<p> PM SAYS NLD HAS LEGITIMATE RIGHT TO CONVENE PARLIAMENT
<p> "It Is Time, It Is Long Past Time To Convene The Parliament."
<p> Sunday, August 30, 1998
<p> The Prime Minister of the NCGUB today, citing a report by the International Human
Rights Law Group called the junta's continued rule a "blatant violation"
of Burma's national law and of international law. According to the International
Human Rights Law Group, "the People's Assembly and not [the junta] is the
legitimate repository of governmental authority in [Burma]."
<p> Dr. Sein Win said that "the NLD not only has a right to govern, but a responsibility
under Burma's law and international law to carry out the mandate given by the
people."
<p> U Bo Hla Tint, the Minister for American Affairs added that "While the world
knows how much repression parliamentarians in Burma are suffering, they were
given a mandate by the people which they have a duty to carry out if at all
possible." The NLD received a mandate from the people by winning 82% of
the seats in the election.
<p> Dr. Sein Win noting that the NLD expected to be able to convene the parliament
within thirty days of the 1990 election, added that "The people have waited
not thirty days, but nearly three thousand and thirty days. It is time, it is
long past time to convene the parliament.
<p> In its statement released today, the NCGUB outlined the legal status of the 1990
election under both domestic and international law, concluding that the only
legitimate source of governmental authority in Burma is the People's Assembly
elected in 1990.
<p> The full text of the NCGUB statement follows.
<p> -------------
<p> NCGUB STATEMENT ON CONVENING THE PARLIAMENT:
<p> "It Is Time, It Is Long Past Time To Convene The Parliament."
<p> Sunday, August 30, 1998
<p> It has been almost a full decade since the military junta promulgated the "People's
Assembly Election Law." According to the law, "The [People's Assembly]
shall be formed with [Assembly] representatives who have been elected in accordance
with this Law from the constituencies."
<p> Under the law, the regime dictated the creation of an election commission to
organize an election, set qualification for voters, parties and candidates,
mandate an election and specify that the election results were to be implemented
by convening the People's Assembly.
<p> In this decade past, the regime has used the law to form an Election Commission,
stage qualify and disqualify candidates, ban political parties and to stage
an election. The only thing the regime has not used the law for is its central
purpose; to implement the results of the election.
<p> Under international law and our country's national law, the military junta has
no legitimacy for its continued rule. Under the law, the People's Assembly is
the only lawful source of governmental authority. Governmental legitimacy is
achieved by presenting an authorized legal basis under international and domestic
law for the exercise of power.
<p> Under international law, the will of the people, as expressed in genuine elections,
is the basis for legitimate governmental authority. This principal, enshrined
in the Universal Declaration of Human Rights, was ratified by Burma in 1948
when the government voted in favor of the Declaration in the General Assembly.
<p> The right of self-determination of people's is enshrined in Articles 55 and 56
of the U.N. Charter and the junta has declared its adherence to these principles.
The right of self-determination of people's includes "the right of every
member of the community to choose, in full freedom, the authorities that will
implement the genuine will of the people."
<p> The United Nations General Assembly has also repeatedly called on the military
junta to honor the results of the 1990 election, calling for example that the
regime "take all necessary steps towards the restoration of democracy,
fully respecting the will of the people as expressed in the democratic elections
held in1990."
<p> The military junta's continued rule is also in "blatant violation of [Burma's]
constitutional law." The military junta itself has acknowledged that it's
seizure of power was outside the law. Even Gen. Khin Nyunt has described the
military's rule as "No law at all." The junta has since decreed that
it's rule is no longer to be called martial law but it continues to rule solely
by military force.
<p> The International Human Rights Law Group has found that "The people of Myanmar
participated in genuine election on May, 27, 1990 and expressed a desire to
be governed by an elected civilian People's Assembly. Therefore the People's
Assembly they elected is the legitimate government."
<p> In its analysis of both of Burma's post-independence constitutions, the Law Group
found that "In sum, all Burmese constitutional law has mandated that legal
authority to govern arises out of an elected legislature."
<p> During the 1990 election campaign, the NLD made clear to the people of Burma
that a vote for the NLD would be a vote to replace the junta with a democratically
elected People's Assembly. NLD leader U Tin Oo, laid out the NLD's position
on transferring power: So, our single attention and task is now focused on the
fact that the power seized by the Defence Forces is not legal. To correct this
we must return power to the people as soon as possible. We believe that 30 days
after the election would be sufficient to assemble representatives. The people
have waited not thirty days, but nearly three thousand and thirty days. It is
time, it is long past time to convene the parliament.
<p>
<p> -----------------------------
<p> IHRLG, at 28.
<p> See Amnesty International, `No law at all': Human rights violations under military
rule, ASA 16/11/92, 1992. ("I would like to explain about this martial
law according to records that I have studied. martial law is neither more nor
less than the will of the general who commands the army; in fact, martial law
means no law at all.").
<p> See also Press conference by General Saw Maung, Sept. 7, 1990, published in BBC,
Summary of World Broadcasts, §3B, Sept. 10, 1990 ("We are a military
government ruling under martial law. We are not based on a law.")
<p> IHRLG, Post-Election Myanmar: A Popular Mandate Withheld, 1990, at 17.
<p> IHRLG, at 26.
<p> The 1947 Constitution states that "the sole and exclusive power of making
laws in the Union shall be vested in the Parliament." 1947 Constitution,
ch. IV, #90. The 1974 Constitution, imposed by the military, also gives the
People's Assembly exclusive authority to promulgate laws. 1974 Constitution,
ch. XVI, art. 202(b)(d).
<p> NLD Leaders News Conference, Delhi International Service in Burmese, June 27,
1989, published in FBIS, June 28 at 30-31.
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