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MYANMAR
Parliamentarians reportedly still serving their sentences:
CASE No. MYN/04 - KHIN MAUNG SWE
CASE No. MYN/13 - SAW NAING NAING
CASE No. MYN/35 - SAW HLAING
CASE No. MYN/60 - ZAW MYINT MAUNG
CASE No. MYN/104 - KYAW KHIN
CASE No. MYN/118 - THAN NYEIN
CASE No. MYN/119 - MAY WIN MYINT
CASE No. MYN/133 - YAW HIS
CASE No. MYN/215 - AUNG SOE MYINT
CASE No. MYN/234 - THAN HTAY
CASE No. MYN/236 - KHUN TUN OO
CASE No. MYN/237 - KYAW SAN
CASE No. MYN/238 - KYAW MIN
CASE No. MYN/239 - SAN HLA BAW
CASE No. MYN/240 - SAI SAUNG SI
Parliamentarians who died in custody:
CASE No. MYN/53 - HLA THAN
CASE No. MYN/55 - TIN MAUNG WIN
CASE No. MYN/72 - SAW WIN
CASE No. MYN/83 - KYAW MIN
CASE No. MYN/131 - HLA KHIN
CASE NO. MYN/132 - AUN MIN
Parliamentarians who were assassinated:
CASE No. MYN/66 - WIN KO
CASE No. MYN/67 - HLA PE

Resolution adopted by consensus by the IPU Governing Council at its 178th session
(Nairobi, 12 May 2006)


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/178/12(b)-R.1), and to the resolution adopted at its 177th session (October 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 arbitrarily eliminated from the political process through various means, including arbitrary arrest, detention and sentencing under laws infringing basic international human rights standards and pressure to resign from the NLD and so relinquish their status as elected members of parliament; the health of several of the parliamentarians-elect who remain in detention are said to be in very poor health,

Considering the following new reports of arbitrary detention, unfair trial and harassment:

  • On 3 November 2005, following charges of conspiracy against the State, parliamentarian-elect Khun Tun Oo was sentenced to a 90-year prison term after a closed-door trial was held in Insein Jail;

  • On 11 and 13 February 2006, the prison terms of parliamentarians-elect Than Nyein and May Win Myint were again extended for a further year under the 1975 State Protection Law whereby persons can be detained for up to five years without charge or trial, should the authorities deem them to constitute a "danger to the State";

  • On 1 May 2006, MPs-elect San Hla Baw, a member of the NLD, and Sai Saung Si Aka Nelson, a member of "Shan Nationalities League for Democracy", resigned in April 2006 on being pressured into doing so by the authorities,

Considering that, in his report E/CN.4/2006/34, the Special Rapporteur of the United Nations Commission on Human Rights stated that "no transition process is worthy of the name so long as fundamental freedom of assembly, expression and association are denied, and human rights defenders are criminalized",

Considering also that, with respect to the one-off informal briefing on the situation in Myanmar before the United Nations Security Council in December 2005, the Special Rapporteur believed that "it provided an opportunity to build a constructive and coordinated strategy towards Myanmar… and that such a positive step represents the beginning of a new momentum internationally, to proactively facilitate the long overdue transition from authoritarian to democratic rule in Myanmar; in this connection, the Special Rapporteur considers that "the instrumental role of Association of Southeast Asian Nations (ASEAN) and of neighbouring countries in promoting the rights and fundamental freedoms of Myanmar is of key importance in carrying this momentum forward",

Considering further that, in February 2006, the NLD called for the authorities to convene the parliament on the basis of the 1990 election results in order that, in turn, it could declare the current authorities to be the legitimate transitional government pending new elections and the establishment of a democratic government; the appeal includes a call for the release of Aung San Suu Kyi and her inclusion in the negotiations and suggests a mediator's role for a prominent leader from ASEAN; the appeal has remained unanswered by the authorities,

Recalling the many parliamentary initiatives throughout the world in favour of the parliamentarians-elect and the promotion of democracy in Myanmar in general, and in particular the work of the Inter-Parliamentary Caucus on Myanmar of the Association of Southeast Asian Nations (ASEAN),

  1. Condemns the continuation of the deliberate policy of the authorities of Myanmar to deprive the people of Myanmar of their right to be represented by persons of their own choosing, as guaranteed under Article 21 of the Universal Declaration of Human Rights and in open defiance of the democratic values to which they aspire;

  2. Renews its call on the Member Parliaments of the IPU, in particular China, Thailand and India as neighbouring countries to continue and to strengthen their national, regional and international initiatives in favour of the parliamentarians-elect and in support of respect for democratic principles in Myanmar; strongly encourages the ASEAN Inter-Parliamentary Caucus on Myanmar to continue its important work;

  3. Also calls on the parliaments of the countries which are members of the Security Council to press their governments to ensure the continuing consideration of the situation in Myanmar in the Security Council;

  4. Condemns the harsh prison sentence handed down on parliamentarian-elect Khun Tun Oo in an unfair trial and at the extended prison terms of Dr. Than Nyein and May Win Myint on the basis of legal provisions running counter to basic international human rights standards;

  5. Urges the authorities to release them forthwith, together with the other 10 imprisoned parliamentarians-elect, and to engage in a genuine dialogue with those who were elected in the 1990 elections and can claim to represent the people;

  6. Expresses its support for the proposal made by the NLD in February 2006, and calls on the authorities to take it into serious consideration;

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

  8. Requests the Committee to continue examining this case and report to it at its next session, to be held during the 115th IPU Assembly (October 2006).
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