MYANMAR

Parliamentarians arrested between 1990 and 1993 and still detained:
CASE N° MYN/01 - Ohn Kyaing CASE N° MYN/04 - Khin Maung Swe CASE N°/MYN/09 - Sein Hla Oo CASE N° MYN/10 - Win Hlaing CASE N° MYN/13 - Naing Naing CASE N° MYN/26 - Hla Tun CASE N° MYN/28 - Tin Aung Aung	CASE N° MYN/36 - Myint Naing CASE N° MYN/41 - Zaw Myint CASE N° MYN/42 - Mya Win CASE N° MYN/60 - Zaw Myint Maung CASE N° MYN/68 - Aung Khin Sint CASE N° MYN/71 - Kyi Myint CASE N° MYN/73 - Fazal Ahmed
Parliamentarians arrested between 1996 and May 1998:
CASE N° MYN/64 - David Hla Myint CASE N° MYN/83 - Kyaw Min CASE N° MYN/84 - Soe Thein CASE N° MYN/85 - Khun Myint Htun CASE N° MYN/86 - Aye San CASE N° MYN/87 - Do Htaung CASE N° MYN/88 - Chit Htwe CASE N° MYN/89 - Myo Nyunt CASE N° MYN/100 - Hla Myint CASE N° MYN/101 - Saw Oo Reh CASE N° MYN/102 - Hla Min CASE N° MYN/103 - Tin Aung CASE N° MYN/104 - Kyaw Khin CASE N° MYN/105 - Kyin Thein CASE N° MYN/106 - Kyaw Tin CASE N° MYN/107 - San Myint CASE N° MYN/108 - Min Swe CASE N° MYN/109 - Than Aung CASE N° MYN/110 - Tin Min Htut CASE N° MYN/111 - Saw Lwin	CASE N° MYN/112 - Hla Win CASE N° MYN/113 - Aye Than CASE N° MYN/114 - Ohn Naing CASE N° MYN/115 - Thein Zan CASE N° MYN/116 - Nyunt Hlaing CASE N° MYN/117 - Kyaw Myint CASE N° MYN/118 - Than Nyein CASE N° MYN/119 - May Win Myint CASE N° MYN/120 - San San CASE N° MYN/121 - Tin Oo CASE N° MYN/122 - Min Soe Lin CASE N° MYN/123 - Nan Khin Htwe Myint CASE N° MYN/124 - Ohn Maung CASE N° MYN/125 - Mahn Kyaw Ni CASE N° MYN/126 - Tun Win CASE N° MYN/127 - Bo Htway CASE N° MYN/128 - Tha Aung CASE N° MYN/129 -Kyi Lwin CASE N° MYN/130 - Tin Win
Since September 1998, more than a hundred MPs elect have been arrested and forty were still in detention as at October 1999
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 CASE N° MYN/72 - Saw Win CASE N° MYN/131 - Hla Khin

Resolution adopted without a vote by the Inter-Parliamentary Council
at its 165th session (Berlin, 16 October 1999)

The Inter-Parliamentary Council,

Referring to the outline of the case of the above-mentioned elected members of the Pyithu Hluttaw (People's Assembly) of the Union of Myanmar, as contained in the report of the Committee on the Human Rights of Parliamentarians (CL/165/12(b)­R.1), and to the relevant resolution adopted at its 164th session (April 1999),

Recalling that on 27 May 1990 a national election called by the then State Law and Order Restoration Council (SLORC) was held to constitute a new Parliament (Pyithu Hluttaw) and that the National League for Democracy (NLD) won 392 of the 485 seats (about 81% of total seats), all the above persons being among those elected; that, however, instead of transferring power as it had pledged before the election, SLORC ruled, in Declaration 1/90, that the duty of the elected representatives was merely to draft a new democratic Constitution and convene a "National Convention" to this end; that, under severe pressure from SLORC, the National League of Democracy participated in the Convention's work but withdrew in November 1995 thus severing whatever link there may have been between the Convention and the popular will as expressed in the 1990 elections,

Considering that, since 1990, the State Peace and Development Council (SPDC, formerly SLORC) not only systematically impeded the functioning of the National League for Democracy, in particular, but eliminated from the political process the MPs elected in 1990, first by invalidating election results, dismissing them from Parliament and banning them from future elections, by forcing them to resign, orchestrating no-confidence motions against them and finally by arresting, detaining and sentencing them under laws (such as the Emergency Provision Act, State Protection Act, Official Secrets Act, Printers and Publishers Registration Act, Unlawful Associations Act, etc.) considered by the competent United Nations human rights bodies to be in breach of international civil and political rights standards,

Recalling that the National League for Democracy, together with the Shan Nationalities League for Democracy, the Rakhine Democracy League, the Mon National Democratic Front and the Zo-me National Congress, requested the authorities to convene the Parliament and, their request being disregarded, established in September 1998 a body, the Committee representing the People's Parliament (CRPP), temporarily to represent Members of Parliament elected in 1990 and prevented by the authorities from exercising the mandate conferred on them by the people of Myanmar in the democratic elections of 1990; that, as a result of this, scores of MPs elect and other persons supporting the CRPP were arrested and detained in what the authorities called "guest houses",

Considering that the CRPP has received support from the leaders of all political parties represented in the Norwegian Parliament, from five parties represented in the Danish Parliament, from the National Assembly of Belgium, which passed a resolution announcing support for the CRPP, and from the Legislative Assembly of British Columbia, which in March 1999 urged the Canadian Government to recognise the CRPP as "the legitimate instrument of the will of the Burmese People",

Noting that, according to the sources, 40 of the elected members of the Pyithu Hluttaw were in detention as at October 1999, and recalling in this connection that conditions of detention in Myanmar are reported to be harsh and to include cruel disciplinary practices and torture, lack of proper medical care and insufficient food; considering that that Aung Min, an MP elect from Mandalay, died on 24 October 1998 while in custody at a "guest house" and that, on 31 May 1999, Hla Khin, an MP elect, died while in custody; he allegedly committed suicide owing, the authorities stated, to alcohol addiction; recalling further in this connection the death in prison of Tin Maung Win, Hla Tan and Saw Win in January 1991, August 1996 and August 1998, respectively,

Bearing in mind the consistent appeals made by the United Nations General Assembly and Commission on Human Rights in their resolutions on the human rights situation in Myanmar to the authorities of Myanmar, urging them 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 and, to this end, to engage immediately and unconditionally in a substantive dialogue with the leaders of political parties and the ethnic minorities ... to accelerate the process of transition to democracy, in particular through the transfer of power to democratically elected representatives and to release immediately and unconditionally those detained for political reasons",

1. Regrets that the authorities of Myanmar have not replied to the requests for information addressed to them;
2. Strongly condemns the continuing deliberate policy of the Government of the Union of Myanmar to disregard the outcome of the 1990 elections and its unwillingness to hand over power to those democratically elected, and reaffirms that its refusal to convene the Parliament elected in 1990 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. Reaffirms that in demanding that Parliament be convened and in setting up the "Committee representing the People's Parliament", the MPs elect are merely defending the rights of their constituents to take part in the conduct of public affairs through representatives of their choice, as guaranteed under Article 21 of the Universal Declaration of Human Rights, and exercising their right to discharge the mandate entrusted to them in 1990;
4. Calls again on its member Parliaments to press for respect for democratic principles in Myanmar and show, by whatever means they deem appropriate, particularly through support for the "Committee representing the People's Parliament", their solidarity with their colleagues from the Pyithu Hluttaw elected in 1990, and invites member Parliaments to inform it of any steps they may take to that effect;
5. Is gravely concerned at the death of yet two more MPs elect in detention and the allegation that this may be the result of the harsh conditions under which they are held, and wishes to ascertain the exact circumstances of their death;
6. Strongly urges the authorities to release immediately and unconditionally all MPs elect detained for political reasons and to put an immediate end to all practices aimed at preventing the MPs elect from engaging in any political activity;
7. Formally reiterates its wish to send a mission to the Union of Myanmar;
8. Requests the Secretary General to convey this resolution to the authorities of Myanmar together with the invitation of the Committee to send a representative, for the purpose of initiating a dialogue with it, to its next session (January 2000);
9. Requests the Committee on the Human Rights of Parliamentarians to continue examining this case and report to it at its next session (April-May 2000).

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