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/60 - ZAW MYINT MAUNG
CASE N° MYN/10 - WIN HLAING	CASE N° MYN/68 - AUNG KHIN SINT
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 arrested since 1996:

CASE N° MYN/83 - KYAW MIN	CASE N° MYN/108 - MIN SWE
CASE N° MYN/84 - SOE THEIN	CASE N° MYN/109 - THAN AUNG
CASE N° MYN/85 - KHUN MYINT HTUN	CASE N° MYN/110 - TIN MIN HTUT
CASE N° MYN/86 - AYE SAN	CASE N° MYN/111 - SAW LWIN
CASE N° MYN/87 - DO HTAUNG	CASE N° MYN/112 - HLA WIN
CASE N° MYN/88 - CHIT HTWE	CASE N° MYN/113 - AYE THAN
CASE N° MYN/89 - MYO NYUNT	CASE N° MYN/114 - OHN NAING
CASE N° MYN/100 - HLA MYINT	CASE N° MYN/115 - THEIN ZAN
CASE N° MYN/101 - SAW OO REH	CASE N° MYN/116 - NYUNT HLAING
CASE N° MYN/102 - HLA MIN	CASE N° MYN/117 - KYAW MYINT
CASE N° MYN/103 - TIN AUNG	CASE N° MYN/118 - THAN NYEIN
CASE N° MYN/104 - KYAW KHIN	CASE N° MYN/119 - D MAY WIN MYINT
CASE N° MYN/105 - KYIN THEIN	CASE N° MYN/120 - D SAN SAN
CASE N° MYN/106 - KYAW TIN	CASE N° MYN/121 - U TIN OO
CASE N° MYN/107 - SAN MYINT	CASE N° MYN/122 - MIN SOE LIN

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 162nd session (Windhoek, 11 April 1998)

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/162/11(a)-R.1), and to the resolution adopted at its 161st session (September 1997) concerning the above-mentioned elected members of the Pyithu Hluttaw (People's Assembly) of the Union of Myanmar,

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 ",

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 since then there are continuing reports of renewed arrests of NLD MPs-elect, the latest regarding U Tin Oo, who was allegedly arrested by military intelligence and police officials at midnight on 31 October 1997 at the house of a friend in Henzada for not registering as a visitor and subsequently sentenced by Henzada Township Court to 15 years' imprisonment with hard labour; that Dr. Than Nyein, Daw San San and Daw May Win Myint were arrested on 28 October 1997, the latter having since been sentenced to six years' imprisonment under Section 5j of the 1950 Emergency Provisions Act while the former are still awaiting sentencing and are barred from receiving any family visits; that Dr. Min Soe Lin was arrested on 6 November 1997 in Mudon under the same provision for organising Mon National Day celebrations,

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 reportedly 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 for attempting to pass information about prison conditions to the United Nations Special Rapporteur on Myanmar,

Recalling that SLORC is putting 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 the human rights situation in Myanmar submitted to the United Nations General Assembly in October 1997 (A/52/484), he " continues to receive reports alleging that SLORC continues to harass and keep the NLD supporters under pressure by sentencing their members under made-up charges when they decline to resign ",

Considering that, in the same report, the United Nations Special Rapporteur emphasised again that the " core of the problem in Myanmar lay in the absence of respect for rights pertaining to democratic governance insofar as that absence implied a structure of power that was autocratic and accountable only to itself, thus inherently resting on the denial and repression of fundamental rights ",

Considering finally 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 on them to take the necessary measures to institute a process of transition to democracy genuinely involving the representatives democratically elected in 1990;
2. Expresses its outrage that the authorities seemingly continue to arrest MPs-elect only because they have sought to exercise their fundamental freedoms and human rights, and urges the authorities to release them immediately and unconditionally;
3. Reiterates the concerns and considerations expressed in its previous resolutions, including its wish to receive detailed information on the places and conditions of detention and the state of health of the detainees, on the charges and the legal grounds for the sentences handed down on the detained NLD MPs-elect, and on the facts underlying the charges, and requests the authorities once again to verify the relevant information contained in the attached list;
4. Remains concerned at the continuing reports of NLD MPs-elect being forced to resign, and calls on the competent authorities to ensure that such harassment is ended;
5. 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 of all to take part in the government of their country, the right to liberty and security of person, the right to be treated with dignity and humanity, the right to a fair trial and the right to freedom of expression and association;
6. Earnestly hopes that the admission of Myanmar to ASEAN will help to bring its law and practice more into line with international human rights standards;
7. Formally reiterates its wish to conduct an on-site mission to the Union of Myanmar;
8. 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 such a mission;
9. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (September 1998).

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