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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/73 - Fazal Ahmed
Parliamentarians arrested between 1996 and May 1998:
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


Since September 1998, 150 MPs elect have been arrested and are in detention

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
CASE N° MYN/72 - Saw Win

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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