NLD Statement 90 in English

[nldburma@xxxxxxxxxxx]

National League for Democracy
No: (97/b) West Shwegondine Road
Bahan, Rangoon

STATEMENT 90 (10/98)

1.	On the 27 May 1998, the National League for  Democracy held a 
convention and commemorated the 8th anniversary of the multiparty 
general elections. Because eight years had passed and the People's 
Parliament had not been convened, all the branches of the League passed 
a unanimous resolution for the Central Executive Committee to set a date 
for the convening of the People's Parliament. Therefore, the Central 
Executive Committee asked the authorities to convene the People's 
Parliament before the 21 August 1998.

2. In Chapter 2, Section 3 of the  " Pyithu Hluttaw (People's 
Parliament) Election Law " which was decreed by the authorities states 
that  " the Hluttaw(Parliament) must comprise the representatives 
elected in accordance with the provision of the law". Chapter 1, Section 
2 states that "Hluttaw (Parliament ) refers to the Pyithu Hluttaw ( 
People's Parliament). Therefore it is this People's Parliament that is 
responsible for the enactment of laws for the functioning of the 
legislative, administrative and judicial bodies of the state and not a 
constituent assembly formed under a constitution.

3.	Because there is nothing in Section  3 of this law specifying who is 
responsible for the convening of the parliament it can be interpreted to 
mean that either the authorities, or the candidates elected by the 
people at the elections or the political party winning the majority of 
seats can call a parliament.

4.	The National League for Democracy having won the elections and being 
aware of its responsibilities and obligations call on the authorities to 
convene parliament which they have unjustifiably failed to do. Hence, 
the league has proclaimed that it will convene parliament. This is 
legitimate because according to convention parliament must be convened 
at the request of 34% of parliamentarians. Here, the request is by more 
than 50%.

5.	Because of the critical situation that exists in the country today, 
the people will wholeheartedly welcome the convening of parliament. 
Moreover, the people firmly believed that a parliament would have been 
formed immediately after the general elections. For this reason they 
cast their votes for their representatives. There is no meaning 
otherwise. The people would not have gone to the polls to cast their 
vote for a parliament that would not come into existence.

6.	When a People's Parliament is created, democracy and human rights can 
exist side by side and will flourish. This was what the people were 
desperately looking forward to. But eight years have passed and it has 
not materialised. If this is obliterated and effaced there will be great 
dissatisfaction. Failure to convene parliament amounts to ignoring and 
flouting the genuine wishes of the people. The people will rejoice when 
parliament is convened otherwise, there will be no satisfaction of their 
desire and adversity will be the consequences.

7. After the National League for Democracy had acted responsibly and
published its intention to fulfil its duties to the citizens of the 
Union for the benefit  of the country, the authorities did not take the 
opportunity to find a peaceful  solution that  could have been 
acceptable to the people and the political parties. Instead they 
immediately proceeded to illegally arrest, imprison, threaten and coerce 
all NLD parliamentarians-elect, members of organising committees from 
the State, Division, Township, Villages and wards and ordinary members. 
In reality, political parties act as a bridge between the people and the 
authorities. The authorities completely fail to understand this point. 
Inappropriate criminal provisions of law, meant for the worst offences 
are being resorted to. This reflects badly on the enforcing authorities. 
There is no offence whatsoever in political and /or activities for the 
good of the country motivated and arising out of one's own free will and 
convictions. These are virtuous acts free from any defilement. There is 
absolutely no foundation to the charges by the authorities that these 
political activities offend the law.

8. It is patently clear that the authorities are lying and are aware of 
their
dishonesty because they claim that these NLD parliamentarians-elect,
other parliamentarians NLD(States, Division, Townships, Villages, Wards) 
organising committee members and ordinary members are being housed in 
state guest houses for consultations. No essential details have been 
given.

9.	It is a blatant lie that these individuals have been taken in for 
consultations. The real reason behind these unlawful arrests is to 
facilitate the illegal pressure processes by which the authorities hope 
to influence them. In our Statement No 70 (9/98) dated 23 September 
1998,    we have expounded on this matter. Instead of providing these 
arrested persons with their daily food, the authorities have illegally 
taken the food from the private food stalls by threats and intimidation. 
We have expounded on this matter in our Statement No 89 (10/98) dated 15 
October 1998.

10.	Details and reference to the relevant provisions of law have been 
set out about these unlawful acts of restraint, criminal intimidation 
and physical and mental torture that have been exercised on these 
individuals in our Statement No 82(10/98) dated 3 October,  1998 and our 
Statement No 87 (10/98) dated 15 October 1998.

11.	Information received is that through processes of such mental and 
physical torture  exercised on these individuals and their families they 
are making 
(a) parliamentarians sign letters of resignation despite their 
unwillingness to do so.( note- resignation is only possible with the 
permission of the chairman of the parliament),
(b) members from organising committees sign letters of resignation from 
the position they are holding and from the party despite their 
unwillingness to do so;
(c) ordinary members sign letters of resignation despite their 
unwillingness to do so.

12.	Among those arrested as aforesaid, there are some NLD members who 
for various reasons have been out of touch with the party. The 
authorities have taken advantage of such situations and twisted the 
facts to make it appear that these individuals are defectors and that 
they are in full agreement with the authorities. These persons have been 
released. We strongly denounce such action.

13. Those NLD parliamentarians and other members who are standing firm 
because of their political convictions on democracy and human rights and 
will not cave in to the illegal pressures applied to them by the 
authorities are being dispatched to the prisons. The practice adopted by 
the authorities is to frequently apply for remand for flimsy reasons, 
eventually charge them under inappropriate sections and obtain sentences 
of imprisonment against them. This procedure of punishing innocent 
politicians performing duties for the good of the country is a blemish 
in the history of Burma.

14.	The above actions of the authorities contradicts the  "rule of law"  
which they allege they are observing. It amounts to illegal pressure 
through restraint, beatings, persecutions and torture. The true fact is 
that the authorities are committing criminal acts in their excessive and 
illegal use of power. The word " authorities" includes all those giving 
the orders, all those receiving the orders and all those executing those 
orders. Using processes that contravene the law to obtain resignations 
from the party is unacceptable to the NLD. In legal terms it must be 
deemed to be ab initio void. We vehemently denounce it .

The Central Executive Committee             
National League for Democracy

Rangoon
21 October 1998



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