MYANMAR

Parliamentarians still detained:

Case n° myn/01 - Ohn Kyaing	Case n° myn/41 - Zaw Myint
Case n° myn/04 - Khin Maung Swe	Case n° myn/42 - Mya Win
Case n°/myn/09 - U Sein Hla Oo	Case n° myn/50 - Wan Maung
Case n° myn/10 - Win Hlaing	Case n° myn/60 - Zaw Myint Maung
Case n° myn/13 - Naing Naing	Case n° myn/71 - Kyi Myint
Case n° myn/26 - Hla Tun	Case n° myn/72 - Saw Win
Case n° myn/28 - Tin Aung Aung	Case n° myn/73 - Fazal Ahmed
Case n° myn/36 - Myint Naing

Parliamentarians deceased:
Case n° myn/53 - Hla Than
Case n° myn/55 - Tin Maung Win
Case n° myn/66 - Win Ko
Case n° myn/67 - Hla Pe

Parliamentarians newly arrested or rearrested:

Case n° myn/68 - Aung Khin Sint	Case n° myn/92 - Hla Min
Case n° myn/83 - Kyaw Min	Case n° myn/93 - Tin Aung
Case n° myn/84 - Soe Thein	Case n° myn/94 - Than Aung
Case n° myn/85 - Khon Myint Htun	Case n° myn/95 - Tin Min Htut
Case n° myn/86 - Aye San	Case n° myn/96 - Kyaw Khin
Case n° myn/87 - Do Htaung	Case n° myn/97 - Saw Lwin
Case n° myn/88 - Chit Htwe	Case n° myn/98 - Hla Min
Case n° myn/89 - Myo Nyunt	Case n° myn/99 - San Myint
Case n° myn/90 - Hla Myint	Case n° myn/100 - Than Nyein
Case n° myn/91 - Saw Oo Reh	Case n° myn/101 - Hla Win

Resolution adopted without a vote by the Inter-Parliamentary Council at its 160th session
(Seoul, 15 April 1997)

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/160/14(a)-R.1), and to the resolution adopted at its 159th session (September 1996) concerning the above-mentioned elected members of the Pyithu Hluttaw (People's Assembly) of the Union of Myanmar,

Taking account of the information provided by one of the sources on 7 April 1997,

Recalling that, in connection with a planned meeting of the National League for Democracy (NLD) convened by Mrs. Aung San Suu Kyi, a wave of arrests of NLD MPs-elect took place in May 1996 resulting in the detention of 235 MPs-elect, some of whom have still not been released,

Considering that, since then, new arrests of NLD MPs-elect have been reported, namely those of U Tin Aung, Dr. Than Aung, Dr. Tin Min Htut, U Kyaw Khin, U Saw Lwin, U Hla Min, U San Myint, Dr. Than Nyein, Dr. Hla Win; that most are charged under the Emergency Provisions Act giving SLORC wide discretionary power to arrest anyone it considers " to disrupt the security or reconstruction of the stability of the Union ",

Recalling that, shortly after the May 1996 crackdown on the NLD, SLORC began to put pressure on the NLD MPs-elect to resign from their positions as MPs-elect and from the party itself; that members of military intelligence have reportedly threatened and harassed MPs-elect, telling them that they and their families would lose their jobs if they did not resign; that in early September 1996, 20 NLD MPs-elect reportedly resigned; that, according to the report which the United Nations Special Rapporteur on Myanmar submitted to the 53rd session of the United Nations Commission on Human Rights (E/CN.4/1997/64), " NLD members of Parliament ... continue to submit their resignation as a result, it is widely believed, of the continual harassment and the pressure they are facing from the authorities ",

Considering that one of them, U Hla Than, died in Yangon General Hospital on 2 August 1996; that, according to reports, he had asked to be allowed to die at home but the military authorities denied the request unless he resigned from the NLD, which he refused to do,

Recalling that, according to the sources, there are consistent reports of inhuman and degrading treatment in Myanmar prisons; that Saw Naing Naing (MYN/13), Dr. Myint (M) Aung (MYN/60), Myint Naing (MYN/36) and U Hla Than (MYN/53) were sentenced to additional jail terms of five to twelve years each under the Emergency Provisions Act for " causing or intending to disrupt the morality or behaviour of a group of people or the general public, or disrupting the security or reconstruction of the stability of the Union ", apparently on account of attempting to pass information about prison conditions to the United Nations Special Rapporteur on Myanmar,

Bearing in mind that the United Nations Special Rapporteur on Myanmar, in his report to the 53rd session of the United Nations Commission on Human Rights (April 1997), expressed deep regret that he had not been granted authorization to visit the country; that his predecessor, during his last visit to the country in October 1995, had been denied access to any of the political prisoners,

Recalling that the Inter-Parliamentary Council has constantly requested the Government of the Union of Myanmar to authorize an on-site mission of the IPU to the country in order to collect objective and precise data on the situation of the MPs-elect concerned and that the authorities refused to do so in 1992, arguing that the United Nations Special Rapporteur had carried out a visit in October 1991; that they have since consistently ignored the Union's request to carry out an on-site mission,

Recalling also that the authorities have remained silent, in particular as regards the specific requests for information on the conditions of detention of the MPs-elect concerned,

Recalling further that the MPs-elect belonging to the NLD may no longer participate in the work of the National Convention; stressing in this connection that the authorities have always affirmed that the representatives elected in 1990 would be responsible for drawing up the new Constitution,

Bearing in mind that, in his report to the 53rd session of the United Nations Commission on Human Rights, the Special Rapporteur on the situation of human rights in Myanmar stated that " the National Convention, by reason of its mandate, composition and procedures ... has not proved a positive step and is devoid of democratic credibility. The political process continues to appear deadlocked, with sweeping restriction in law and practice on the exercise of virtually all human rights and freedoms ",

1. Reaffirms its indignation that the authorities of the Union of Myanmar continue to ignore the outcome of the election of 27 May 1990, and considers in this respect that the National Convention convened by SLORC on 9 January 1993 is designed to prolong and legitimize military rule against the will of the people as expressed in the 1990 elections, and thus violates the principle established in the Universal Declaration of Human Rights that the " will of the people shall be the basis of the authority of government ";
2. Deplores the fact that the authorities of the Union of Myanmar have remained silent on the serious allegations regarding prison conditions in Myanmar and have not seen fit to respond to the repeated requests for an on-site mission which the Inter-Parliamentary Council and its Committee on the Human Rights of Parliamentarians have constantly addressed to them, most recently in July 1996;
3. Can only conclude from the persistent silence of the authorities, in particular as regards prison conditions, and their de facto refusal to authorize the visit of an independent mission, that the allegations of human rights violations are well-founded, and that the authorities of the Union of Myanmar are guilty of manifest violations of human rights;
4. Remains deeply concerned at the persistent reports of inhuman prison conditions, involving cruel and degrading treatment, prolonged shackling, lack of proper medical care and insufficient food for both common and political prisoners, and the practice of solitary confinement of the latter;
5. Urges the authorities to release all MPs-elect still in detention immediately and unconditionally, and to guarantee their physical integrity and respect for their right to freedom of expression, assembly and association, as their duty commands;
6. Expresses concern at the allegation that pressure is exerted on NLD MPs-elect to resign and that the release of those still detained may depend on their accepting such a condition;
7. Urges the authorities to allow the United Nations Special Rapporteur on the human rights situation in Myanmar to enter the country and grant him free access to all the detained MPs-elect he may wish to meet;
8. Recalls that the Union of Myanmar, a member of the United Nations, is bound to respect the rights established in the Universal Declaration of Human Rights, which is recognized as a general standard on human rights;
9. Requests the Secretary General to convey these concerns to the authorities, inviting them once again to provide the requested information, and to seek their agreement to the visit of a mission;
10. Calls on those member Parliaments whose countries are members of ASEAN to be duly cautious about admitting a State in breach of the most fundamental human rights norms;
11. Calls on all National Groups and member Parliaments to use every available means to press the Union's concerns with the Myanmar authorities;
12. Requests the Secretary General to convey this resolution to the authorities of the Union of Myanmar, inviting them once again to supply information regarding those NLD MPs-elect currently detained;
13. Further requests the Secretary General to resume contact with the Thai National Group with respect to the investigation of the murder of Hla Pe;
14. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (September 1997).