The Governing Council of the Inter-Parliamentary Union,

Recalling its long-standing examination of the cases of the former members-elect of the Pyithu Hluttaw (People’s Assembly) of the Union of Myanmar, who were all elected in May 1990, and its earlier concerns about respect for their human rights, including the existence of undue restrictions on political activity, detention without charge and imprisonment as a result of summary trials; recalling also the resolution it adopted at its 189th session (October 2011),

Considering that, on 13 January 2012, the President of Myanmar amnestied over 600 prisoners, including the last five former members-elect - Khun Htun Oo, Nyi Pu, Kyaw Min, Kyaw Kyaw and Tin Min Htut - still being held under Section 401 of the Code of Criminal Procedure, so as to "enable them to participate in the political process"; recalling that, on 11 October 2011, more than 6,000 persons had already been released under a previous amnesty, including three former members-elect,

Considering that these releases should be seen as one of an increasing number of steps taken in the last six months by the civilian authorities to foster political dialogue and reform,

Taking into account the observations of the IPU on-site mission that visited Myanmar from 5 to 9 March 2012 to raise, among other things, outstanding human rights concerns: all the officials encountered expressed the view that the reform process under way in Myanmar was irreversible, and the positive steps that had been or were being taken to promote human rights included many acts of legislative reform (the Labour Organizations Law, which had entered into force, the Peaceful Demonstration and Gathering Law, the amendment adopted to the Political Party Registration Law, the revised Prisons Act, a new media law, a new social security law),

Considering that, on 19 March 2012, when he presented his progress report (A/HRC/19/67) to the United Nations Human Rights Council, the United Nations Special Rapporteur on the situation of human rights in Myanmar stated: "I am of the view that a positive impact on the human rights situation has been made. Nevertheless, it is clear that there are ongoing and serious human rights concerns that remain to be addressed; these cannot be ignored in the rush to reform and to move forward. Various positive developments should not be based on the mere discretion of the authorities, but rather on a democratic institutional approach that allows transparency, predictability and continuity to reforms"; he continued, "I am encouraged that the Parliament has been active in the legislative reform process. While I welcome these developments, I note concerns regarding some of the provisions in these legislations and the insufficient attention being paid to ensure their effective implementation. There is also a lack of clarity and progress on reforming the laws that I have previously identified as not in full compliance with international human rights standards, such as the State Protection Act, the Unlawful Association Act, certain sections of the penal code, the Television and Video Law, the Motion Picture Law, the Computer Science and Development Law, and the Printers and Publishers Registration Act. These laws have been systematically applied against those opposed to the Government. I reiterate the need to accelerate this process and identify clear time-bound target dates for the conclusion of the review",

Considering that an IPU needs-assessment mission will go to Myanmar in May 2012 with a view to identifying possible assistance to the People’s Assembly of Myanmar,

1. Takes note of the political changes in Myanmar and the observations of the recent IPU mission to Myanmar;

2. Is pleased that the last former parliamentarians who remained in detention have finally recovered their freedom; stresses that these persons were all political prisoners held on the basis of unjust laws and unfair procedures;

3. Considers in this regard that it is absolutely essential that the People’s Assembly, as the State institution representing the people and their interests and therefore their full enjoyment of civil and political rights, acts decisively to review, and if need be repeal, these laws to ensure compliance with human rights standards; calls on the People’s Assembly to ensure that these laws are considered a priority in the planned overhaul of Myanmar’s general legal framework; considers it critical that any capacity-building assistance offered by the IPU to the People’s Assembly take account of this;

4. Recalls that seven former parliamentarians died in prison or shortly after their release as a result of their conditions of detention and that two were assassinated without their murder having ever been elucidated, a situation that it deplores; recalls the importance of principles of truth, justice and reconciliation and sincerely hopes that the Myanmar authorities will seek to address the Committee’s concerns and that a new Prison Act will ensure that prisoners are treated in full accordance with international norms; wishes to receive a copy of the legislative proposal and to be kept informed of progress towards its adoption;

5. Requests the Committee to continue examining the case and to report to it at its next session, to be held during the 127th IPU Assembly (October 2012), on how next to proceed in this case.

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1. On 2 April 2008, MPU-Burma affirmed that Myint Thein had died following his release as his health had been badly impaired by his detention.

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