MYANMAR

Parliamentarians arrested between 1990 and 1993 and still detained:
CASE N° MYN/01 - Ohn Kyaing CASE N° MYN/04 - Khin Maung Swe CASE N°/MYN/09 - Sein Hla Oo CASE N° MYN/10 - Win Hlaing CASE N° MYN/13 - Naing Naing CASE N° MYN/26 - Hla Tun CASE N° MYN/28 - Tin Aung Aung CASE N° MYN/36 - Myint Naing	CASE N° MYN/41 - Zaw Myint CASE N° MYN/42 - Mya Win CASE N° MYN/60 - Zaw Myint Maung CASE N° MYN/68 - Aung Khin Sint CASE N° MYN/71 - Kyi Myint CASE N° MYN/72 - Saw Win CASE N° MYN/73 - Fazal Ahmed
Parliamentarians arrested since 1996:
CASE N° MYN/64 - David Hla Myint CASE N° MYN/83 - Kyaw Min CASE N° MYN/84 - Soe Thein CASE N° MYN/85 - Khun Myint Htun CASE N° MYN/86 - Aye San CASE N° MYN/87 - Do Htaung CASE N° MYN/88 - Chit Htwe CASE N° MYN/89 - Myo Nyunt CASE N° MYN/100 - Hla Myint CASE N° MYN/101 - Saw Oo Reh CASE N° MYN/102 - Hla Min CASE N° MYN/103 - Tin Aung CASE N° MYN/104 - Kyaw Khin CASE N° MYN/105 - Kyin Thein CASE N° MYN/106 - Kyaw Tin CASE N° MYN/107 - San Myint CASE N° MYN/108 - Min Swe CASE N° MYN/109 - Than Aung CASE N° MYN/110 - Tin Min Htut CASE N° MYN/111 - Saw Lwin	CASE N° MYN/112 - Hla Win CASE N° MYN/113 - Aye Than CASE N° MYN/114 - Ohn Naing CASE N° MYN/115 - Thein Zan CASE N° MYN/116 - Nyunt Hlaing CASE N° MYN/117 - Kyaw Myint CASE N° MYN/118 - Than Nyein CASE N° MYN/119 - May Win Myint CASE N° MYN/120 - San San CASE N° MYN/121 - Tin Oo CASE N° MYN/122 - Min Soe Lin CASE N° MYN/123 - Nan Khin Htwe Myint CASE N° MYN/124 - Ohn Maung CASE N° MYN/125 - Mahn Kyaw Ni CASE N° MYN/126 - Tun Win CASE N° MYN/127 - Bo Htway CASE N° MYN/128 - Tha Aung CASE N° MYN/129 -Kyi Lwin CASE N° MYN/130 - Tin Win
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 P

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 163rd session (Moscow, 12 September 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/163/12(a)-R.1), and to the resolution adopted at its 162nd session (April 1998) concerning the above-mentioned elected members of the Pyithu Hluttaw (People's Assembly) of the Union of Myanmar,

Taking into consideration the information supplied by the Permanent Representative of the Union of Myanmar to the United Nations Office at Geneva in his communication of 8 May 1998,

Taking account of the information provided by the sources in communications dated 22 and 23 June, 1 and 29 July, and 7 and 9 September 1998,

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 which the military regime in power, the SPDC - State Peace and Development Council (formerly known as 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 ensuing years, the majority under the Emergency Provisions Act which gives the ruling authorities wide discretionary power to arrest anyone they consider " to disrupt the security or reconstruction of the stability of the Union ",

Considering 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 ... ",

Considering that, according to information provided by the authorities on 18 May 1998, Tin Oo and Min Soe Lin had not been arrested; that Than Nyein and May Win Myint, using the forming of a youth working group at the Mayangone NLD office as a pretext, planned a mass meeting despite the authorities' injunction against such activities; that they defied the ban and held anti-government rallies on three roads; that they were then charged under Section 5(j) of the Emergency Provisions Act, found guilty and sentenced to 7 years' hard labour (6 years according to the source) on 9 December 1997; that San San, who had previously been sentenced on 30 April 1991 to 25 years' imprisonment, the sentence being reduced in May 1992, was re-arrested on 28 October 1997 for providing false information to foreign media and taking a leading role in anti-government mass rallies; that the reduction was cancelled on 31 October 1997 under Section 401(3) of the Code of Criminal Procedure and that she is now serving the remaining part of her sentence; considering in this regard that, according to the source, the charges against her relate to an interview she gave to the BBC in 1997, which the authorities denied,

Considering that since the last session of the Inter-Parliamentary Council, in April 1998, the Committee has received a large number of allegations of arrest and harassment of many MPs-elect,

1. Thanks the authorities of the Union of Myanmar for the information supplied on the situation of some MPs-elect;
2. Notes that in June 1998, the National League for Democracy, which obtained 80% of the vote in 1990, demanded that Parliament be convened by 21 August 1998 at the latest and stated that, failing this, it would unilaterally convene the Assembly; that the military Government and the NLD, whose leader, Mrs. Aung San Suu Kyi, was restricted in her movements and received death threats, have been at loggerheads ever since;
3. Notes that since the last session of the Inter-Parliamentary Council, 73 new MPs-elect have been arrested in Myanmar, including 42 in September in the course of the mass arrest of some 110 NLD members, and that, according to the Government, they had been " invited ", as a security measure, to reside in official housing so that they could exchange views on the party's intention to convene Parliament unilaterally; expresses its deep concern at this new development and urges the authorities to release the above-mentioned MPs-elect immediately and unconditionally;
4. Reaffirms its indignation at what can only be interpreted as the authorities' will to disregard the outcome of the elections of 27 May 1990, and reaffirms that their refusal to convene Parliament 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 ";
5. Affirms that in demanding that Parliament be convened, the elected NLD representatives are merely defending the rights of their constituents to take part in the conduct of public affairs through representatives of their choice and their own right to discharge the mandate entrusted to them in 1990, and urges the authorities of Myanmar to meet that demand without further delay;
6. Notes that the authorities have never provided the Inter-Parliamentary Council with the information requested on the MPs-elect's conditions of detention; and, concerned at the condition of detention and ill-treatment to which the MPs-elect are allegedly subjected, requests the authorities to provide the relevant information in order to dispel any doubt on the matter;
7. Expresses consternation at the death in prison, on 7 August 1998, of Hla Than and wishes to ascertain the causes and exact circumstances of his death;
8. Notes with concern the continuing allegations that the Government of Myanmar 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; notes in this connection that the report of the United Nations Secretary-General to the 54th session of the United Nations Commission on Human Rights mentions cases of forced resignation from the party, arbitrary arrest, violation of freedom of expression, movement and association, and other restrictions on normal political activity;
9. Notes that, according to the authorities, Tin Oo and Dr. Min Soe Lin have not been arrested; wishes to ascertain the situation of Nan Khin Htwe Myint, Ohn Maung, Tin Myint Htut, Mahn Kyaw Ni and David Hla Myint, in particular whether they have indeed been arrested and sentenced and, if so, on what grounds;
10. Reiterates the concerns and considerations expressed in its previous decisions and in the resolutions of the Inter-Parliamentary Council regarding the situation of the other imprisoned MPs-elect, particularly its wish to receive detailed information on the places and conditions of their detention and on their state of health; and again requests the authorities to verify the information contained in the attached list;
11. 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;
12. Reiterates its appeal to members of the Inter-Parliamentary Union to act in support of respect for democratic principles in Myanmar, and requests the Secretary General to send them a letter to this end;
13. 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;
14. Requests the Secretary General to convey this resolution to the authorities;
15. Requests the Committee on the Human Rights of Parliamentarians to continue examining the case and report to it at its next session (April 1999).

Name	Constituency	Date of arrest	Sentence date of sentence	Legal grounds for sentence or charge	Place of detention
MYN/01 Ohn Kyaing	SE Mandalay-2, Mandalay	7/9/90	7 or 10 year		Insein Prison
MYN/04 Khin Maung Swe	Sanchaung	first arrest 10/90; released 05/92; re-arrested 08/94	10 years; then 7 years	writing and distributing false news
MYN/09 Sein Hla Oo	Insein 2, Rangoon	first arrest 05 or 10/90; released 05/92;re-arrested 08/94	10 years; then 7 years	writing and distributing false news
MYN/10 Win Hlaing	Tatkon 2, Mandalay	24/10/90	7 or 10 years		Insein Prison
MYN/13 Naing Naing	Pazundaung, Rangoon	25/10/90	10 years	In 1996 rep. sentenced to additional 7 years rep. for attempt to pass info. about prison condition to UN Special Rapporteur	Insein Prison
MYN/26 Hla Tun	Kyimyindine, Rangoon	10/90 or 3/01/91	10 years (authorities) 25 years (sources)		acc. to authorities released (4/2/95)
MYN/28 Tin Aung Aung	NW Mandalay-1, Mandalay	../11/90	25 years		Insein Prison
MYN/36 Myint Naing	Kantbalu 2, Sagaing	../10/90	25 years	In 1996 rep. sentenced to additional 7 years rep. for attempt to pass info about prison condition to UN Special Rapporteur	Insein Prison
MYN/41 Zaw Myint	Heinzata-2, Irrawady	../10/90	25 years		Insein Prison
MYN/42 Mya Win	Ingapu-1, Irrawady	../10/90	25 years		Insein Prison
MYN/60 Zaw Myint Maung	Amararpura-1, Mandalay	../11/90	10 years (authorities) 25 years (sources)	In 1996 rep. sentenced to additional 7 years rep. for attempt to pass info about prison condition to UN Special Rapporteur	Insein Prison
MYN/64 David Hla Myint	Ngapudaw-1 township	rep. detained for 1 year in 1991 for flying the NDL flag at the same height as the national flag; rep. re-arrested in May or June 1998 in connection with NLD demand to convene parliament
MYN/68 Aung Khin Sint	Minglataungnyunt-1, Rangoon	../8/93; released on 04/02/95; re-arrested 05/96	20 years on 15/10/93 has to serve remainder of 20 years sentence	- rep. for unscrupulous activities to undermine National Convention (Oct. 93); - NLD meeting of May 1996
MYN/71 Kyi Myint	Latha, Rangoon	../08/93	20 years with labour (15/10/93)	distributing seditious books and pamphlets published by terrorist groups (authorities)	Insein Prison
MYN/72 Saw Win	Htilin, Magwe	12/12/91	11 years with labour (23/08/91)	misappropriation of teakwood to be supplied to Thanlyin Bridge project (authorities)
MYN/73 Fazal Ahmed	Maungdaw-2		5 years-(15/3/93)	planting a land mine in the Maungdaw Golf course (authorities)	may have been released
REPORTED ARRESTS SINCE 1996
MYN/83 Kyaw Min	Bassein west-2, Irrawady	21/05/96; rep. in relation with NLD Congress		rep. held under Section 10(a) State Protection Law (" endangering the peace of most citizens ")
MYN/84 Soe Thein	Waw-2, Pegu.	21/05/96; rep. in relation with NLD Congress		rep. held under Section 10(a) State Protection Law (" endangering the peace of most citizens ")
MYN/85 Khun Myint Htun	Thaton-2, Mon State	00/05/96¸rep. in connection with NLD Congress	7 years (source)
MYN/86 Aye San	Kyaikhto 2, Mon State
MYN/87 Do Htaung	Kalay-1, Sagaing Div.	00/05/96; rep. in connection with NLD Congress	7 years (source)	rep. under Section 6/1 Public Property Protection Law for stealing Burma Socialist Party documents
MYN/88 Chit Htwe	Myothit-2, Magwe	rep. 02/07/96
MYN/89 Myo Nyunt	Dedaye I, Irrawady	rep. 24/07/96; rep. Remained in Aung San Suu Kyi's compound after NLD Congress and arrested when returning home		rep. under Section 18/19 of National Drugs Law for illegal manufacture of pharmaceuticals
MYN/100 Hla Myint	Maubin-2, Irrawady		rep. 2 years.	rep. under Section 6(1) of Public Property Protection law; rep. for having spoken disrespectfully to a township official	Maubin Prison
MYN/101 Saw Oo Reh	Phru-so Township, Kayah State	rep./11/96	rep. 17 years after trial on 29/11 and 18/12/96	rep. for having contact with insurgents, writing materials undermining national security and publishing without authorisation
MYN/102 Hla Min	Kawthoung, Tenasserim	rep.19/11/96 in connection with student demonstrations		rep. arrested for having connections with 2 musicians (who were sentenced for recording democracy songs broadcast on an overseas opposition radio station)
MYN/103 Tin Aung	Wakema-1, Irrawaddy	rep. 13/12/96 in connection with student demonstrations		rep. charged under Section 5(e) of Emergency Provisions Act for taking part in the funeral of a one time member of the NLD organisational committee
MYN/104 Kyaw Khin	Taunggyi-1, Shan State	rep. 03/06/96	rep. sentenced to 10 years	rep. for agitating to incite civil unrest and obtaining video recordings of foreign TV broadcasts
MYN/105 Kyin Thein	Kyar-in-seit, Kayin	between ../07 - ..09/96	rep. 7 years.	Section 5(j) Emergency Provisions Act	Moulmein Prison, Mon State
MYN/106 Kyaw Tin	Saw Township, Magwe Division	between ../07 - ../09/96	rep. 2 years	Video Act	Pakokku Prison, Magwe Division
MYN/107 San Myint	Laymyetnha-2, Irrawady	rep. late 1996	rep. 2 years	rep. TV and Video Act
MYN/108 Min Swe	Pyapon-2, Irrawady	rep. 28/10/96
MYN/109 Than Aung	Mingalataungnyunt-2, Rangoon	rep. 21/02/97 in connection with NLD Union Day meeting	rep. 4 years (11/04/97)	rep. under Section 304(a) of Penal Code for homicide through negligence
MYN/110 Tin Min Htut	Pantanaw-1, Irrawady	rep. /02/97 in connection with NLD Union Day meeting; rep. re-arrested in May or June 1998 in connection with NLD demand to convene parliament	rep. 3 years prison for illegal possession of foreign currency	rep. charged with illegal possession of foreign currency
MYN/111 Saw Lwin	Kyaunggon-2, Irrawady	rep. 02/97 in connection with NLD Union Day meeting		rep. charged under Section 5(e) Emergency Provisions Act
MYN/112 Hla Win	Kyaunggon-1, Irrawady	rep. 15/02/97 in connection with NLD Union Day meeting		rep. charged under Section 5(e) of Emergency Provisions Act
MYN/113 Aye Than	Paungde-2, Bago	rep. 11/02/97 on way to NLD Union Day celebrations
MYN/114 Ohn Naing	Paungde-1, Bago	rep. 11/02/97 on way to NLD Union Day celebrations
MYN/115 Thein Zan	Aunglan, Pegu	rep. 24/02/97		Section 5(j) of Emergency Provisions Act
MYN/116 Nyunt Hlaing	Myayde-1, Magwe	rep. 24/02/97		Section 5(j) of Emergency Provisions Act
MYN/117 Kyaw Myint	Zalun-1, Irrawady
MYN/118 Than Nyein	Kyauktan Township	rep. 28/10/97	6 years 9/12/97	Section 5(j) of Emergency Provisions Act
MYN/119 May Win Myint	Mayangone	rep. 28/10/97	6 years	Section 5(j) of Emergency Provisions Act	Insein Prison
MYN/120 San San	Seikkan Consituency	30/04/91 - released 01/05/92 - rearrested 28/10/97	25 years 30/4/91	conspiracy to form a parallel NLD government (Section 122/1 of the Penal Code); released on 1/5/92; remission of sentence cancelled on 31/10/97-Section 401/3 of PC; (authorities 8/5/98); re-arrested on 28/10/97 (source)	currently serving remainder of sentence
MYN/121 Tin Oo	Myanaung 1, Ayeyarwady	31/10/97	15 years		not detained acc. to authorities (5/98
MYN/122 Soe Lin	Ye 1, Mon State	06/11/97		Section 5(j) of Emergency Provisions Act	not detained acc. to authorities (5/98)
MYN/123 Nan Khin Htwe Myint	Hpa-an, Karen State	rep. 09/02/98	2 years 11/02/98	rep. obstructing public officials in discharge of duty
MYN/124 Ohn Maung	Nyaunglebin, Bago Division	rep. ../02/98	rep. 7 years April 1998	rep. part of a group arrested for alleged involvement in " conspiracy "
MYN/125 Mahn Kyaw Ni (Mahn Johny ?)	Kyong -Pyaw township	rep. rearrested in May or June 1998		rep. arrested in connection with NLD demand to convene Parliament
MYN/126 Tun Win	Mindon Constituency	rep. 27/06/98		rep. arrested in connection with NLD demand to convene Parliament
MYN/127 Bo Htway	Nat Mauk, Magwe Division	rep. in early August 1998		rep. arrested in connection with NLD demand to convene Parliament
MYN/128 Tha Aung	Myothit, Magwe Division	rep. in early August 1998		rep. arrested in connection with NLD demand to convene Parliament
MYN/129 Kyi Lwin	Ngape, Magwe Division	rep. in early August 1998		rep. arrested in connection with NLD demand to convene Parliament
MYN/130 Tin Win	Kyaik Latt, Irrawaddy Division	rep. in early August 1998		rep. arrested in connection with NLD demand to convene Parliament

Forty new NLD MPs-elect were reportedly arrested very recently after the demand to convene Parliament submitted by the NLD.

Note: you can download a complete electronic version of the brochure "Results of the 100th Conference and related meetings of the Inter-Parliamentary Union" in PDF format (file size approximately 570K). This version requires Adobe Acrobat Reader, which you can download free of charge.