INTER-PARLIAMENTARY UNION PLACE DU PETIT-SACONNEX 1211 GENEVA 19, SWITZERLAND |
MYANMAR
Resolution adopted without a vote by 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 ... ",
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