The Governing Council of the Inter-Parliamentary Union,

Referring to the case 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/177/11(a)-R.1), and to the resolution adopted at its 176^th session (April 2005),

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

Recalling that the health of parliamentarians-elect U Sein Hla Oo, U Khin Maung Swe, Than Nyein and Dr. May Win Myint is said to be poor, and that without proper medical treatment their lives may be at risk; and considering that, according to information provided by the source as recently as 31 July 2005, the health of Than Nyein has further worsened, as he was reportedly not allowed to receive proper medical treatment, and that Khun Htun Oo's health has also worsened,

Considering that, on 29 July 2005, parliamentarian-elect Kyaw Min was reportedly sentenced, for reasons unknown, to a 47-year prison term, while his wife and three children were each given a 17-year prison term; they were all reportedly tried in complete secrecy by a court sitting within the prison compound; on 6 June 2005, 74-year old parliamentarian-elect Kyaw San was reportedly sentenced for a violation of import-export laws to seven years' imprisonment by the Yangon Insein Township Court, which reportedly never considered any evidence or suggestions submitted by his lawyer, and that the source affirms that Kyaw San was framed by the authorities because he is an active and popular parliamentarian-elect; two appeals against the sentence have been rejected and a final appeal is pending,

Considering that the Special Rapporteur on the situation of human rights in Myanmar, in his report (E/CN.4/2005/36), stated that "only the full and unconditional release of all political prisoners will pave the way for national reconciliation and the rule of law", and expressed concern "that the number of persons imprisoned for the exercise of their fundamental right to freedom of expression, opinion, information, religion, association and assembly, has remained essentially unchanged over the reporting period",

Bearing in mind the recent compilation on parliamentary action taken in favour of the parliamentarians-elect and the promotion of democracy in Myanmar in general, which was made available to parliaments after the 112^th Assembly of the IPU (Manila, April 2005); and noting in particular the work of the recently established Inter-Parliamentary Caucus on Myanmar of the Association of Southeast Asian Nations (ASEAN), which includes parliamentarians from a number of Asian countries in its membership,

Noting the present efforts to ensure that the United Nations Security Council is kept regularly informed of the situation in Myanmar,

Noting that the Permanent Mission of Myanmar to the United Nations Office at Geneva has never positively responded to the repeated invitations of the Committee to meet with it during one of its sessions in Geneva, and that the authorities have never responded to the letters addressed to them,

1. Deplores the fact that its persistent efforts to seek a direct dialogue with the authorities continue to be unavailing; stresses that the aim of the Committee's procedure, which is to find, in cooperation with the authorities, a satisfactory settlement of the cases, is bound to fail if no official response is forthcoming;

2. Is deeply concerned that parliamentarians-elect Kyaw San and Kyaw Min, and the latter's family, were recently sentenced to long prison terms after a trial falling far short of basic internationally recognized fair trial guarantees;

3. Reaffirms that the restoration of the rule of law and human rights further requires a full removal of the ban on political activities and the release of all political prisoners, and the establishment of institutions representative of the people's will;

4. Once more urges therefore the authorities to release forthwith the 13 imprisoned parliamentarians-elect, starting with those whose health is highly precarious, and to engage in a genuine dialogue with those who were elected in the 1990 elections and represent the people;

5. Calls upon the Member Parliaments of the IPU to strengthen their national, regional and international initiatives pressing for the respect of democratic principles in Myanmar; particularly encourages them to draw upon the parliamentary initiatives listed in the compilation;

6. Strongly believes that continuous attention and action by the international community is crucial in bringing about positive change in Myanmar; strongly encourages Parliaments of countries on the United Nations Security Council to press their governments to ensure that the Council receives regular briefings on the situation of Myanmar from the United Nations Secretary General; would greatly appreciate receiving information about any action to this end;

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

8. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 114^th IPU Assembly (May 2006).

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