The Governing Council of the Inter-Parliamentary Union,

Referring to the cases of the above-mentioned members-elect of the Pyithu Hluttaw (People's Assembly) of the Union of Myanmar, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/184/12(b)-R.1), and to the resolution adopted at its 183rd session (October 2008),

Recalling its long-standing concerns about:

• The complete disregard for the results of the election of 27 May 1990, in which the National League for Democracy (NLD) won 392 of the 485 seats;

• The continuous removal from the political process of many parliamentarians-elect by various means, as a result of which numerous parliamentarians-elect have been imprisoned, in some instances their detention having been continuously extended without their ever having appeared in court, as in the cases of Dr. May Win Myint and Dr. Than Nyein, whose health, together with that of U Kyaw San, remains highly precarious;

• The violent repression by the military regime of the widespread protests in Myanmar in August and September 2007; the repression was denounced on many occasions by the international community, inter alia by the IPU at its 117th Assembly (Geneva, October 2007); between 3,000 and 4,000 protestors, including 17 parliamentarians-elect were arrested; while 11 have since been released, four have been sentenced on account of their participation in the peaceful demonstrations; one of those parliamentarians-elect, Mr. Than Lwin, was ill-treated by the regime's paramilitary group, which enjoys total impunity;

• The National Convention, an assembly chiefly consisting of members who were hand-picked by the authorities; the National Convention completed its work to draft a new Constitution, which gives the military sweeping and overriding powers, in early September 2007, without allowing a free exchange of opinions and ideas and criminalizing any criticism of its work; despite the serious concerns about the drafting exercise performed by the National Convention and the fact that the devastating cyclone that struck Myanmar in early May 2008 made parts of the country inaccessible, the authorities went ahead with the referendum, which, according to official reports, overwhelmingly endorsed the new Constitution; however, detailed reports exist indicating that voters were either pressured or blackmailed into voting for the referendum, which had become an entirely military-run exercise; the night before the referendum, local authorities went from house to house to collect people's votes, and the authorities decided to close the polling stations hours before the time originally scheduled, 

Considering that Zaw Myint Maung was released on 21 February 2009 as part of a release of over 6,000 prisoners by the authorities, which along with him included 22 other political prisoners; according to the United Nations Special Rapporteur on the human rights situation in Myanmar, in his report (A/HRC/10/19) of 11 March 2009, there are more than 2,100 prisoners of conscience in Myanmar,

Considering also that the military authorities, on the basis of the new Constitution and the road map, have announced that elections will take place in 2010; the NLD and key ethnic parties have rejected the referendum results and declared that they will not stand in the elections unless the regime agrees to establish an inclusive commission to review and amend the Constitution, and that they have been working together to present viable options for Myanmar which are representative of all political and ethnic groups,

Considering finally that both the Special Envoy of the United Nations Secretary-General and the United Nations Special Rapporteur on the human rights situation in Myanmar travelled to Myanmar in early 2009 and subsequently reiterated their concerns about respect for fundamental freedoms and pleas to the authorities to promote meaningful political change; that the United Nations Secretary-General, on 12 November 2008, called once again for all citizens of Myanmar to be allowed to participate freely in their country's political future as part of an inclusive national reconciliation process,

1. Is shocked at the recent sentencing of two parliamentarians-elect to harsh prison terms for merely exercising their freedom of expression;

2. Can but consider that the continued repression of freedom of expression shows that the authorities are not serious in their stated intention to move towards genuine political reform;

3. Reaffirms its belief that the Constitution, which provides the legal and institutional framework for the 2010 elections, fails to reflect the democratic values to which the people of Myanmar have long aspired; recalls in this respect its long-standing conviction that the National Convention, owing to how it was set up and functioned, was illegitimate from the start, and that the climate of fear, distrust and total lack of transparency in which the referendum on the draft Constitution was conducted stripped it of any credibility;

4. Stresses once again that any transition to democracy will fail so long as it is not genuinely free and transparent, does not reflect the will of the people, and is not preceded by the unconditional release of all political prisoners and the lifting of all restrictions on human rights and political activity;

5. Urges the authorities to release forthwith all 16 parliamentarians-elect who continue to languish in prison on the basis of legal provisions that blatantly disregard their most basic rights, to refrain from any further political harassment, and to engage in a meaningful dialogue with Aung San Suu Kyi and all concerned parties and ethnic groups by accepting the proposal for an inclusive political process to review the Constitution;

6. Appeals to the international community to unite in support of this proposal since it provides a meaningful course of action for genuine change in Myanmar; and appeals especially to the IPU Member Parliaments, in particular those of China and India as neighbouring countries, to lend their full support in this respect;

7. Appeals more particularly to the Association of South-East Asian Nations (ASEAN), through its Secretary-General, Dr. Surin Pitsuwan, to take any measures that might lead to the restoration of democracy in Myanmar;

8. Requests the Secretary General to convey this resolution to the authorities and to all other parties concerned;

9. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 121st Assembly of the IPU (October 2009).

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1 - The Union of Myanmar has no parliament.

2 - On 2 April 2008, MPU-Burma announced that Mr. Myint Thein died following his release, his health having greatly worsened in detention.

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