IPU Resolution, 1999

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IPU Resolution, April 16, 1999

MYANMAR

· Parliamentarians arrested between 1990 and 1993 and still detained:

1. CASE N° MYN/01	- OHN KYAING	
2. CASE N° MYN/36 	- MYINT NAING
3. CASE N° MYN/04 	- KHIN MAUNG SWE	
4. CASE N° MYN/41 	- ZAW MYINT
5. CASE N°/MYN/09 	- SEIN HLA OO	
6. CASE N° MYN/42 	- MYA WIN
7. CASE N° MYN/10 	- WIN HLAING	
8. CASE N° MYN/60 	- ZAW MYINT MAUNG
9. CASE N° MYN/13 	- NAING NAING	
10. CASE N° MYN/68 	- AUNG KHIN SINT
11. CASE N° MYN/26 	- HLA TUN	
12. CASE N° MYN/71 	- KYI MYINT
13. CASE N° MYN/28 	- TIN AUNG AUNG	
14. CASE N° MYN/73 	- FAZAL AHMED

· Parliamentarians arrested between 1996 and May 1998:

1. CASE N° MYN/64 	- DAVID HLA MYINT	
2. CASE N° MYN/112 	- HLA WIN
3. CASE N° MYN/83 	- KYAW MIN	
4. CASE N° MYN/113 	- AYE THAN
5. CASE N° MYN/84 	- SOE THEIN	
6. CASE N° MYN/114 	- OHN NAING
7. CASE N° MYN/85 	- KHUN MYINT HTUN	
8. CASE N° MYN/115 	- THEIN ZAN
9. CASE N° MYN/86 	- AYE SAN	
10. CASE N° MYN/116 	- NYUNT HLAING
11. CASE N° MYN/87 	- DO HTAUNG	
12. CASE N° MYN/117 	- KYAW MYINT
13. CASE N° MYN/88 	- CHIT HTWE	
14. CASE N° MYN/118 	- THAN NYEIN
15. CASE N° MYN/89 	- MYO NYUNT	
16. CASE N° MYN/119 	- MAY WIN MYINT
17. CASE N° MYN/100 	- HLA MYINT	
18. CASE N° MYN/120 	- SAN SAN
19. CASE N° MYN/101 	- SAW OO REH	
20. CASE N° MYN/121 	- TIN OO
21. CASE N° MYN/102 	- HLA MIN	
22. CASE N° MYN/122 	- MIN SOE LIN
23. CASE N° MYN/103 	- TIN AUNG	
24. CASE N° MYN/123 	- NAN KHIN HTWE MYINT
25. CASE N° MYN/104 	- KYAW KHIN	
26. CASE N° MYN/124 	- OHN MAUNG
27. CASE N° MYN/105 	- KYIN THEIN	
28. CASE N° MYN/125 	- MAHN KYAW NI
29. CASE N° MYN/106 	- KYAW TIN	
30. CASE N° MYN/126 	- TUN WIN
31. CASE N° MYN/107 	- SAN MYINT	
32. CASE N° MYN/127 	- BO HTWAY
33. CASE N° MYN/108 	- MIN SWE	
34. CASE N° MYN/128 	- THA AUNG
35. CASE N° MYN/109 	- THAN AUNG	
36. CASE N° MYN/129 	- KYI LWIN
37. CASE N° MYN/110 	- TIN MIN HTUT	
38. CASE N° MYN/130 	- TIN WIN
39. CASE N° MYN/111 	- SAW LWIN	

Since September 1998, 150 MPs elect have been arrested and are in detention
as at April 1999 Parliamentarians deceased:

1. CASE N° MYN/53	- U HLA THAN	
2. CASE N° MYN/67 	- HLA PE
3. CASE N° MYN/55 	- TIN MAUNG WIN	
4. CASE N° MYN/72 	- SAW WIN
5. CASE N° MYN/66 	- WIN KO	


Resolution adopted without a vote by the Inter-Parliamentary Council at its
164th session (Brussels, 16 April 1999)


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/164/13(b)-R.1), and
to the resolution adopted at its 163rd session (September 1998) concerning
the case of the above-mentioned elected members of the Pyithu Hluttaw
(People's Assembly) of the Union of Myanmar,

Recalling that on 27 May 1990 a national election called by the then State
Law and Order Restoration Council (SLORC) was held to constitute a new
Parliament (Pyithu Hluttaw) and that the National League for Democracy
(NLD) won 392 of the 485 seats (about 81% of total seats), all the above
persons being among those elected; that, however, instead of transferring
power as it had pledged before the election, SLORC ruled, in Declaration
1/90, that the duties of the elected representatives were merely to draft a
State Constitution and convene a « National Convention » to lay down the
fundamental principles of a new democratic Constitution; that, under severe
pressure from SLORC, the National League of Democracy participated in the
Convention's work but withdrew in November 1995 thus severing whatever link
there may have been between the Convention and the popular will as
expressed in the 1990 elections,

Considering that, since 1990, SLORC not only systematically impeded the
functioning of the National League for Democracy, in particular, but
eliminated from the political process the MPs elected in 1990, first by
invalidating election results, dismissing them from Parliament and banning
them from future elections, by forcing them to resign and finally by
arresting, detaining and sentencing them on the basis of laws (such as the
Emergency Provision Act, State Protection Act, Official Secrets Act,
Printers and Publishers Registration Act, Unlawful Associations Act, etc.)
considered by the competent United Nations human rights bodies to be in
breach of international civil and political rights standards,

Considering that, as a result of such measures, out of the 392 NLD
MPs-elect, over 160 have been deprived of their status as MPs-elect,

Considering that on 27 May 1998 the NLD leadership demanded that the ruling
State Peace and Development Council (SPDC, former SLORC) convene the
Parliament elected in 1990 within three months; that, in view of the
impossibility of doing this, a Committee was constituted on 16 September
1998 « to act for and on behalf of the 1990 Multiparty General Elections
People's Parliament » composed of 10 MPs-elect belonging to different
political parties and regions, 

Considering that as a result of the NLD demand to convene Parliament and
the establishment of the « Committee representing the People's Parliament
», the SPDC called in NLD MPs-elect outside Rangoon demanding that they
sign a declaration not to leave their home towns in the foreseeable future;
that restraining orders have been issued against all NLD MPs-elect, who are
required to stay within the confines of their respective municipalities for

a year; that those who refused have either been arrested or are subject to
judicial prosecution and that since September 1998, approximately 150
MPs-elect have been arrested and are still in detention; considering that,
according to the SPDC, these MPs-elect have merely been « called in
temporarily at guest houses for the purpose of exchanging views on the
consequences of the actions of the party (the NLD) for the peace and
stability of the State ».  Sixty-three NLD MPs-elect and 321 party members
who undertook not to participate in such illegal activities were returned
to their homes, 

Considering in this connection the situation of Dr. Saw Mra Aung, an
80-year-old medical doctor arrested on 8 September 1998 and the fears
expressed by the United Nations Rapporteurs on torture and the
Chairman-Rapporteur of the United Nations Working Group on Arbitrary
Detention as regards his health while in detention, together with the reply
of the Permanent Representative of Myanmar to the United Nations Office in
Geneva that he had not been arrested but was « comfortably accommodated at
the government guest house where he is accorded due courtesy and respect »,
has unlimited access to his family and was « chauffeured to his residence
for overnight reunions with his family »,

Recalling the death in prison of Tin Maung Win, Hla Tan and Saw Win in
January 1991, August 1996 and August 1998 respectively, and considering in
this connection the many reports and testimonies gathered from former
detainees to the effect that prisoners are denied adequate food and health
care, housed in insanitary and degrading conditions and subjected to cruel
disciplinary practices and torture,

Recalling in this connection that the present United Nations Special
Rapporteur on the human rights situation in Myanmar has not been able to
visit Myanmar, that the former Rapporteur was denied access to prison cells
and could not meet any detainee while visiting Myanmar, and that the
Government of that country rejected the International Committee of the Red
Cross (ICRC) standard requirements for visits to places of detention;
recalling also that the authorities of Myanmar have never responded to the
IPU's request for information as to the places and conditions of detention
of the detained MPs-elect,

Bearing in mind 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
 ... »; that, likewise the United Nations General Assembly, in resolution
53/162 of 25 February 1999, strongly urged the Government of Myanmar, «
taking into account its assurances given at various times, to take all

necessary steps towards the restoration of democracy in accordance with the
will of the people as expressed in the democratic elections held in 1990 »
and to « release immediately and unconditionally detained political leaders
and all political prisoners ... »,

1.	Strongly condemns the continuing deliberate policy of the Government of
the Union of Myanmar to disregard the outcome of the elections of 1990 and
its unwillingness to hand over power to those democratically elected, and
reaffirms that its refusal to convene the Parliament elected in 1990
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 »;

2.	Affirms that in demanding that Parliament be convened and in setting up
the « Committee representing the People's Parliament », the MPs-elect are
merely defending the rights of their constituents to take part in the
conduct of public affairs through representatives of their choice, as
guaranteed under Article 21 of the Universal Declaration of Human Rights,
and exercising their right to discharge the mandate entrusted to them in 1990;

3.	Calls on its member Parliaments to press for respect for democratic
principles in Myanmar and show, by whatever means they deem appropriate,
particularly through support for the « Committee representing the People's
Parliament », their solidarity with their colleagues from the Pyithu
Hluttaw elected in 1990;

4.	Expresses its indignation at the massive arrests and detention of NLD
MPs-elect and other members of the NLD, seemingly on no legal basis, and
strongly urges the authorities to release them all immediately and
unconditionally;

5.	Is outraged at the restrictions imposed on NLD MPs-elect and the
pressures exerted on them to relinquish their status as MPs-elect, and
urges the authorities to put an immediate end to such practices and to
reinstate those MPs already forced to resign;

6.	Reiterates the concerns and considerations expressed in its previous
resolutions regarding the detention and death in prison of MPs-elect;

7.	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;

8.	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;

9.	Requests the Secretary General to convey this resolution to the
authorities; 

10.	Requests the Committee on the Human Rights of Parliamentarians to
continue examining the case and report to it at its next session (October

1999).

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