PLACE DU PETIT-SACONNEX
1211 GENEVA 19, SWITZERLAND
| INTER-PARLIAMENTARY UNION PLACE DU PETIT-SACONNEX 1211 GENEVA 19, SWITZERLAND |
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MYANMAR Parliamentarians still detained:
Parliamentarians deceased:
CASE N° MYN/53 - HLA THAN Parliamentarians arrested since 1996:
Resolution adopted without a vote by the Inter-Parliamentary
Council at its 161st session
Referring to the outline of the case, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/161/10(a)-R.1), and to the resolution adopted at its 160th session (April 1997) 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 the Permanent Representative of the Union of Myanmar to the United Nations Office in Geneva, dated 18 June 1997, Also taking account of the information provided by the sources on 22 May and on 1 and 18 July 1997, Recalling that the persons concerned are all members of the NLD (National League for Democracy) elected in the legislative elections of 27 May 1990 to the Pyithu Hluttaw (People's Assembly) which the military regime of SLORC has to date failed to convene; that 15 are among those arrested between 1990 and 1993 under legislation proclaiming a state of emergency; that the others were arrested in the following years, the majority under the Emergency Provisions Act which gives SLORC wide discretionary power to arrest anyone it considers " to disrupt the security or reconstruction of the stability of the Union ", Referring in this connection to the list appended to this resolution which contains the names and particulars on the situation of the NLD MPs-elect who, so far as the Committee knows, are currently in detention, Recalling that the MPs-elect arrested between 1990 and 1993 were sentenced either for having organised a meeting in Mandalay for the formation of a parallel government or for co-authorship of an anti-government seditious paper entitled " Three ways to attain power "; that all but the 15 persons referred to above were granted an amnesty, mostly under SLORC Declaration N° 11/92; that, in July 1996, the authorities stated that the cases of the remaining detainees were kept under regular review " taking into account their good conduct, behaviour etc., and those who merit amnesty on the score will also be released in accordance with the terms of Declaration N° 11/92 ", Recalling that 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, in his report to the 53rd session of the United Nations Commission on Human Rights (April 1997 [E/CN.4/1997/64]), the United Nations Special Rapporteur on Myanmar expressed deep regret that he had not been granted authorisation 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 it has constantly requested the Government of the Union of Myanmar to authorise 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 conduct an on-site mission and its requests for information on the situation of the detained MPs-elect, Recalling that SLORC has 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, according to the report of the Special Rapporteur on Myanmar referred to above, " 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, in the same report, the United Nations Special Rapporteur observed that " the absence of respect for the rights pertaining to democratic governance is at the root of all the major violations of human rights in Myanmar " and " that genuine and enduring improvements in the situation of human rights in Myanmar cannot be attained without respect for the rights pertaining to democratic governance ", Bearing finally in mind that on 1 July 1997 the Union of Myanmar was admitted to membership in ASEAN, 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 calls upon them to take the necessary measures to institute a genuine process of transition to democracy and transfer power to the representatives democratically elected in 1990; 2. Reiterates the concerns and considerations expressed in its previous resolutions; 3. Reiterates its wish to receive detailed information on the places of detention, the charges and the legal grounds for the sentences handed down on the detained NLD MPs-elect, as well as on the facts underlying the charges, and requests the authorities to verify the relevant information contained in the attached list; 4. Urges the authorities to allow the United Nations Special Rapporteur on the human rights situation in Myanmar to enter the country and be given free access to all the prisoners he may wish to meet, including detained MPs-elect; 5. Calls on the authorities to grant the detained MPs-elect, as in the case of the others, an amnesty and release without further delay; 6. 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 recognised as a general standard on human rights, in particular the right to take part in the government of the country, the right to liberty and security, the right to be treated with dignity and humanity, the right to a fair trial and the right to freedom of expression and association; 7. Notes that the Union of Myanmar has been admitted to ASEAN and earnestly hopes that such membership will contribute to bringing Myanmar's law and practice more into line with international human rights standards; 8. Formally reiterates its wish to conduct an on-site mission; 9. Requests the Secretary General to convey this resolution to the authorities, inviting them once again to provide the requested information, and to seek their agreement to the visit of a such mission; 10. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 1998).
(according to information provided by the sources and the authorities)
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