[Date Prev][Date Next][Thread Prev][Thread Next][Date Index ][Thread Index ]

IPU DECISION ON MYANMAR, JULY 1998



INTER-PARLIAMENTARY UNION


This is the Decision which the IPU Committee on the Human Rights of
Parliamentarians adopted at its last session (July 1998) regarding the case
of NLD MPs-elect it has under review.


COMMITTEE ON THE HUMAN RIGHTS OF PARLIAMENTARIANS

MYANMAR

Parliamentarians arrested between 1990 and 1993 and still detained:

CASE N° MYN/01 - OHN KYAING	CASE N° MYN/41 - ZAW MYINT
CASE N° MYN/04 - KHIN MAUNG SWE	CASE N° MYN/42 - MYA WIN
CASE N°/MYN/09 - U SEIN HLA OO	CASE N° MYN/60 - ZAW MYINT MAUNG
CASE N° MYN/10 - WIN HLAING	CASE N° MYN/68 - AUNG KHIN SINT
CASE N° MYN/13 - NAING NAING	CASE N° MYN/71 - KYI MYINT
CASE N° MYN/26 - HLA TUN	CASE N° MYN/72 - SAW WIN
CASE N° MYN/28 - TIN AUNG AUNG	CASE N° MYN/73 - FAZAL AHMED
CASE N° MYN/36 - MYINT NAING	


Parliamentarians arrested since 1996:

CASE N° MYN/64   - DAVID HLA MYINT	CASE N° MYN/109 - THAN AUNG
CASE N° MYN/83   - KYAW MIN	CASE N° MYN/110 - TIN MIN HTUT
CASE N° MYN/84   - SOE THEIN	CASE N° MYN/111 - SAW LWIN
CASE N° MYN/85   - KHUN MYINT HTUN	CASE N° MYN/112 - HLA WIN
CASE N° MYN/86   - AYE SAN	CASE N° MYN/113 - AYE THAN
CASE N° MYN/87   - DO HTAUNG	CASE N° MYN/114 - OHN NAING
CASE N° MYN/88   - CHIT HTWE	CASE N° MYN/115 - THEIN ZAN
CASE N° MYN/89   - MYO NYUNT	CASE N° MYN/116 - NYUNT HLAING
CASE N° MYN/100 - HLA MYINT	CASE N° MYN/117 - KYAW MYINT
CASE N° MYN/101 - SAW OO REH	CASE N° MYN/118 - THAN NYEIN
CASE N° MYN/102 - HLA MIN	CASE N° MYN/119 - D MAY WIN MYINT
CASE N° MYN/103 - TIN AUNG	CASE N° MYN/120 - D SAN SAN
CASE N° MYN/104 - KYAW KHIN	CASE N° MYN/121 - U TIN OO  
CASE N° MYN/105 - KYIN THEIN	CASE N° MYN/122 - MIN SOE LIN 1
CASE N° MYN/106 - KYAW TIN	CASE N° MYN/123 - NAN KHIN HTWE MYINT
CASE N° MYN/107 - SAN MYINT	CASE N° MYN/124 - OHN MAUNG
CASE N° MYN/108 - MIN SWE	CASE N° MYN/125 - MAHN KYAW NI


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 PE


Decision adopted by the Committee at its 82nd session
(Geneva, 1 - 4 July 1998)


		The Committee,

		Referring to the outline of the case as contained in its report and to
the resolution adopted by the Inter-Parliamentary Council at its 162nd
session (April 1998) concerning the above-mentioned elected members of the
Pyithu Hluttaw (People's Assembly) of the Union of Myanmar,

		Taking into consideration the information supplied by the Permanent
Representative of the Union of Myanmar to the United Nations Office at
Geneva in his communication of 8 May 1998,

		Taking account of the information provided by the sources on 22 and 23
June and 1 July 1998,

		Recalling that the persons concerned are all members of the NLD (National
League for Democracy) elected in the legislative elections of 27 May 1990
to the Pyithu Hluttaw which the military regime in power has to date failed
to convene; that 15 are among those arrested between 1990 and 1993 under
legislation proclaiming a state of emergency; that the others were arrested
in the following years, the majority under the Emergency Provisions Act
which gives the ruling authorities wide discretionary power to arrest
anyone they consider « to disrupt the security or reconstruction of the
stability of the Union »,

		Recalling that the Inter-Parliamentary Council has consistently denounced
the political will of the authorities of Myanmar to disregard the outcome
of the 1990 elections, insisting that their failure to convene the
Parliament constituted a violation of the principle established in the
Universal Declaration of Human Rights that « the will of the people shall
be the basis of the authority of government », and calls on them to
transfer power to the representatives of the people elected in 1990,

		Considering 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
 ... »,

		Considering that on 23 June 1998, the National League for Democracy,
which obtained 80% of the vote in 1990, sent a letter to the ruling
authorities, the State Peace and Development Council which, since November
1997 has replaced the State Law and Order Restoration Council (SLORC),
demanding that parliament be convened within two months; that, according to
the sources, the State-controlled media shortly afterwards warned the
leader of the NLD, Daw Aung San Suu Kyi, that she could become another Ngo
Dinh Diem - a former President of South Vietnam murdered in a coup - and
that she was also threatened with legal action for taking her party on a
collision course with the Government; that, moreover, several NLD MPs-elect
were arrested on 30 June, including Dr. Tin Myint Htut, Mahn Kyaw Ni and
David Hla Myint, reportedly in connection with the NLD demand,

		Considering that these reported arrests are the latest in an almost
uninterrupted series of reports of arrests of NLD MPs-elect; recalling in
this connection its concerns  regarding the reported arrest of U Tin Oo,
Dr. Min Soe Lin, Dr. Than Nyein, Daw May Win Myint and Daw San San in 1997;
considering that, according to the sources, two other NLD MPs-elect were
reportedly arrested in February 1998, namely Nan Khin Htwe Myint, NLD
MP-elect for Hpa-an, Karen State and U Ohn Maung, NLD MP-elect for
Nyaunglebin, Bago Division; that the first was arrested on 9 February when
she was on her way to Yangon to attend the Union Day celebrations organised
by the NLD and was sentenced to two years' imprisonment for obstructing
public officials in the discharge of their duty and that the second, who is
reportedly part of a group of people arrested for their alleged involvement
in a « conspiracy » against the Government, is reported to have been
sentenced to 7 years' imprisonment in April 1998,

		Considering that, according to the information provided by the
authorities on 18 May 1998, U Tin Oo and Dr. Min Soe Lin have not been
arrested; that Dr. Than Nyein and Daw May Win Myint, using the forming of a
youth working group at the Mayangone NLD office as an excuse, planned to
hold a mass meeting.  Despite the authorities' injunction against such a
meeting, they defied the ban and held anti-government rallies on three
roads.  They were then charged under Section 5(j) of the Emergency
Provisions Act, found guilty and sentenced to 7 years' hard labour (6 years
according to the source) on 9 December 1997; that Daw San San, who had been
sentenced on 30 April 1991 to 25 years' imprisonment and benefited from a
remission of her sentence in May 1992, was re-arrested on 28 October 1997
as she was found to be involved again 
in anti-government activities, such as providing false information to
foreign media and taking a leading role in anti-government mass rallies.
The remission was cancelled under Section 401(3) of the Code of Criminal
Procedure and she is presently serving the remaining part of her sentence;
considering in this connection that, according to the source, there are
unofficial reports that the charges against her relate to an interview
which she gave to the BBC in 1997, something which the authorities deny, 

		Recalling the reports of ill-treatment of prisoners and harsh prison
conditions; recalling also that the authorities have never responded to the
many requests for information regarding the conditions of detention of the
imprisoned MPs-elect of whose cases it is seized,

		Further recalling that there are continuing reports of the Government of
Myanmar putting pressure on the NLD MPs-elect to resign from their
positions as MPs-elect and from the party itself; that members of military
intelligence reportedly threaten and harass MPs-elect, telling them that
they and their families will lose their jobs if they do not resign;
considering in this connection that, in his report to the 54th session of
the United Nations Commission on Human Rights, the United Nations
Secretary-General stated that his special envoy, Mr. Alvaro de Soto, who
visited Myanmar in January 1998 had been informed of continued harassment
against NLD members and supporters, including forced resignation from the
party, arbitrary arrests, suppression of freedom of expression, movement
and association as well as other restrictions on normal political activities,

	1.	Thanks the authorities of the Union of Myanmar for the information
supplied on the situation of some MPs-elect; regrets, however, the absence
of information regarding the situation of the others and the silence
regarding the serious concerns the Committee and the Council have
consistently expressed concerning their situation;

	2.	Reaffirms its indignation that the authorities of the Union of Myanmar
continue to disregard the outcome of the elections of 27 May 1990, and
reaffirms also that their failure to convene the parliament 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 »;

	3.	Affirms that in demanding that parliament be convened, the elected NLD
representatives are merely exercising their right to carry out the mandate
entrusted to them in 1990, thus ensuring respect for the right of the
people of Myanmar to take part in the government of their country as
enshrined in Article 21 of the Universal Declaration of Human Rights, and
consequently urges the authorities of Myanmar to respond in the most
positive way to this demand;

	4.	Expresses therefore deep concern at the allegation that MPs-elect were
arrested in relation with the NLD?s demand;

	5.	Expresses yet again its outrage that the authorities continue to arrest
MPs-elect only because they seemingly have sought to exercise their
fundamental freedoms and human rights, and urges them to release them
immediately and unconditionally;

	6.	Notes that, according to the authorities, U Tin Oo and Dr. Min Soe Lin
have not been arrested;

	7.	Wishes to ascertain the situation of Nan Khin Htwe Myint, U Ohn Maung,
Tin Myint Htut, Mahn Kyaw Ni and David Hla Myint, in particular whether
they were indeed arrested and sentenced and, should this be the case, the
reasons for their arrest and sentencing;

	8.	Reiterates the concerns and considerations expressed in its previous
decisions and the resolutions of the Inter-Parliamentary Council regarding
the situation of the imprisoned MPs-elect; also reiterates its wish to
receive detailed information on the places and conditions of their
detention and state of health and requests the authorities once again to
verify the relevant information contained in the attached list;

	9.	Remains deeply concerned at the continuing reports of pressure being
brought to bear on NLD MPs-elect, and calls on the authorities to cease
such action;

	10.	Recalls that the Union of Myanmar, 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 government of their
country, the right to liberty and security of person, the right to be
treated with dignity and humanity, the right to a fair trial and the right
to freedom of expression and association;

	11.	Once again appeals to members of the IPU to take action in support of
the restoration of democracy in Myanmar, and requests the Secretary General
to address a letter to this end to all National Groups;

	12.	Formally reiterates its wish to conduct an on-site mission to the
Union of Myanmar;

	13.	Requests the Secretary General to convey this resolution to the
authorities, inviting them once again to provide the requested information,
and to seek their agreement to the visit of such a mission;

	14.	Decides to continue examining the case at its next session, to be held
on the occasion of the 100th Inter-Parliamentary Conference (September 1998).