The Governing Council of the Inter-Parliamentary Union,

Referring to the outline of the case of the above-mentioned members-elect of the Pyithu Hluttaw (People's Assembly) of the Union of Myanmar, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/174/12(b)-R.2), and to the resolution adopted by the Council at its 173rd session (October 2003),

Recalling that not only have the election results of 27 May 1990, in which the National League for Democracy (NLD) won 392 of the 485 seats, not been implemented, but also many MPs-elect have been eliminated from the political process through arbitrary means, including their arbitrary arrest, detention and sentencing under laws infringing basic international human rights standards,

Recalling that in October 2000 talks which have since broken down - between the military regime and the NLD leader, Daw Aung San Suu Kyi had started, which initially led to the release of several MPs-elect and to the easing of some of the constraints on the operation of lawful political parties;

Recalling that 17 MPs elect are nevertheless still serving their prison sentences and, according to the source, the health of seven of them, namely Dr. Than Nyein, Mr. Ohn Maung, Mr. Sein Hla Oo, Dr. Min Kyi Win, Dr. Min Soe Lin, Dr. May Win Myint and Mr. Soe Myint, has seriously deteriorated in prison,

Noting that, on 3 February 2004, MP-elect Myint Naing was released after serving 14 years of a 25-year prison sentence under Penal Code Article 122(1) for planning to attend a secret meeting in September 1990 in Mandalay to form a provisional government,

Recalling that, on 30 May 2003, following an attack on the motorcade of NLD Leader Ms. Aung San Suu Kyi in the north of the country where she was travelling, 26 MPs-elect and scores of NLD supporters were arrested and several were killed; Ms. Aung San Suu Kyi and several senior NLD officials were placed under “protective custody”; all NLD offices were closed,

Noting that since then, while Ms. Aung San Suu Kyi and U Tin Oo, Vice-Chairman of the NLD, remain under house arrest, all MPs-elect have been released; however, Mr. Soe Win's health has seriously worsened in detention reportedly as a result of torture by Military Intelligence officials, which they denied; noting also that only the NLD Headquarters has in the meantime been allowed to reopen,

Considering that the United Nations Special Rapporteur on Myanmar, Mr. Pinheiro, last visited Myanmar in November 2003 and reported "significant setbacks" in the country's human rights situation since his visit in March 2003; he stated that he had gathered prima facie evidence that the "30 May incident" could not have happened without the connivance of State agents and that there had been an escalation of threats, provocation, harassment, intimidation, bullying, and orchestrated acts of violence with the involvement of those opposed to the NLD and/or those who had some connection with government-affiliated bodies,

Recalling that, on 30 August 2003, General Khin Nyunt announced a "road map" for Myanmar's future; noting that, as a first step, the authorities will on 17 May 2004 reconvene the National Convention on the basis of the "6 objectives", including participation of Myanmar's military in the leading role of national politics of the State in the future, which guided the Convention when it was first set up in 1993, together with the same widely criticised procedures and the "104 principles" and Detailed Basic Principles which set out a detailed blueprint for a unitary, military-dominated State,

Noting also that, according to the source, Order 5/96, which penalises any criticism of the National Convention, is still in force and that MPs-elect are at present forced to sign an agreement to participate in the Convention or otherwise resign; noting in this respect that the NLD leadership announced on 16 April that it would not participate in the National Convention so long as it remained unchanged,

1. Deplores the persistent absence of cooperation and response from the authorities, particularly in view of the serious observations made by the United Nations Special Rapporteur about the situation in Myanmar;

2. Reaffirms its conviction that the National Convention, in its present form, is designed to prolong and legitimise military rule against the will of the people as expressed in the 1990 elections, and thus stands in direct opposition to the principle enshrined the Universal Declaration of Human Rights that the "will of the people shall be the basis of the authority of government";

3. Expresses therefore deep concern at the intention of the authorities to reconvene the National Convention through coercion and under conditions inimical to any genuine democratic procedure and debate;

4. Remains convinced that any transition towards democracy in Myanmar, through the National Convention or otherwise, will fail so long as it is not genuinely free, transparent and reflective of the people’s will and preceded by the unconditional release of all political prisoners, the lifting of all remaining restrictions on the enjoyment of human rights, and the opening of all political parties’ offices;

5. Urges therefore the authorities, as part of the necessary steps in this direction, to release forthwith the 17 MPs-elect who are still serving prison sentences, to conduct without any further delay a thorough, independent and transparent investigation into the 30 May 2003 incident, including the alleged torture of Mr. Soe Win in detention, and to hold those responsible to account;

6. Remains convinced that strong and concerted action by members of the Inter-Parliamentary Union, in particular those from the region, is crucial to bringing about respect for democratic principles in Myanmar; calls on them to adopt appropriate and effective steps to this end;

7. Reiterates its wish to conduct an on-site mission with a view to assisting a satisfactory settlement of this case;

8. Requests the Secretary General to bring this resolution to the attention of the authorities of Myanmar and the source;

9. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session, to be held on the occasion of the 111th Assembly (September-October 2004).

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