BLC STATEMENT ON THE CONVENING OF P

[lurie@xxxxxxxxxxxxxxxxx]

Media Release
September 17, 1998
                                    
      BLC Statement on the Convening of People's Assembly in Burma

The Burma Lawyers' Council (BLC) hereby publicly declares and
reconfirms that:

1. The Multi-party General Election held in May 1990 in Burma was
a lawful election and its result was unanimously recognized by
the ruling military junta, the people of Burma and the
international community.

2. The 1990 May election was held to constitute and convene a
People's Assembly to exercise state powers in accordance with
constitutional law and traditions of Burma and the 1989
Multi-party Election Law.

3. Despite the eight years since the election, the terms of
office of tSe members of Parliament (MPs) have not yet commenced.
Their terms will only commence when the first session of the
People's Assembly is convened. Burma's MPs remain MPs-elect who
have the responsibility of implementing the people's mandate.

4. Burma's MPs are the legal representatives of the 47 million
people of Burma, and should be the leaders of the state. However,
reccntly 196 MPs were arrested by the State Peace and Development
Council (SPDC), without the laying of legally-based charges.

5. According to international constitutional practices, this
situation places Burma in a state of emergency. If the MPs in
Burma were to hold a session of the People's Assembly during a
state of emergency, it would constitute a valid session of the
People's Assembly regardless of the number of MPs in attendance.
Any resolutions made would have full legal effect.

6. The best illustration of how politicians with the people's
mandate can form a legal government is the formation of the
Provisional Government by Mrs. Corazon C. Aquino in 1986 in the
Philippines whilst Ferdinand Marcos still claimed to be
president. The people of the Philippines recognized Mrs. Aquino's
Provisional Government as their government. Mr. Marcos and his
administration were accordingly overthrown.

7. If the People's Assembly were convened in Burma, the Burmese
MPs would hold lawful authority. It is highly likely that this
would be recognized by the people of Burma. Legislative
resolutions made by the People's Assembly would have legal effect
in Burma.

In the light of all this, the BLC would like to ask the people of
Burma to help the MPs in their preparation to convene a People's
Assembly and request the international community to recognize the
legitimacy of the Assembly. 


Burma Lawyers' Council

For more information please contact 01-814 9943, 01-308 1994