INTER-PARLIAMENTARY
Resolution adopted
unanimously by the IPU Governing Council at its 174th session
(
The Governing Council of the
Inter-Parliamentary
Referring to the outline of the case of the above-mentioned
members-elect 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/174/12(b)-R.2), and to
the resolution adopted by the Council at its 173rd session (October
2003),
Recalling that not only have the election results of 27 May 1990,
in which the National League for Democracy (NLD) won 392 of the 485 seats, not
been implemented, but also many MPs-elect have been eliminated from the political
process through arbitrary means, including their arbitrary arrest, detention
and sentencing under laws infringing basic international human rights
standards,
Recalling that
in October 2000 talks – which have since broken down - between the military
regime and the NLD leader, Daw Aung San Suu Kyi had started, which
initially led to the release of several MPs-elect and to the easing of some of
the constraints on the operation of lawful political parties;
Recalling that 17 MPs elect are nevertheless still serving their
prison sentences and, according to the source, the health of seven of them,
namely Dr. Than Nyein, Mr. Ohn Maung, Mr. Sein Hla Oo, Dr. Min Kyi Win, Dr. Min Soe
Lin, Dr. May Win Myint and Mr. Soe
Myint, has seriously deteriorated in prison,
Noting that, on 3
February 2004, MP-elect Myint Naing
was released after serving 14 years of a 25-year prison sentence under
Penal Code Article 122(1) for planning to attend a secret meeting in
September 1990 in Mandalay to form a provisional government,
Recalling that, on 30 May 2003, following an attack on the
motorcade of NLD Leader Ms. Aung San Suu Kyi in the north of the country
where she was travelling, 26 MPs-elect and scores of NLD supporters were
arrested and several were killed; Ms. Aung San Suu Kyi and several senior
NLD officials were placed under “protective custody”; all NLD offices were closed,
Noting that since then, while Ms. Aung San Suu Kyi and
U Tin Oo, Vice-Chairman of the NLD, remain under house arrest, all
MPs-elect have been released; however, Mr. Soe
Win's health has seriously worsened in detention reportedly as a result of
torture by Military Intelligence officials, which they denied; noting also that only the NLD Headquarters
has in the meantime been allowed to reopen,
Considering that the United Nations Special Rapporteur on Myanmar,
Mr. Pinheiro, last visited Myanmar in November 2003 and reported
"significant setbacks" in the country's human rights situation since
his visit in March 2003; he stated that he had gathered prima facie evidence
that the "30 May incident" could not have happened without the
connivance of State agents and that there had been an
escalation of threats, provocation, harassment, intimidation, bullying, and
orchestrated acts of violence with the involvement of those opposed to the NLD
and/or those who had some connection with government-affiliated bodies,
Recalling that, on 30 August 2003, General Khin Nyunt
announced a "road map" for Myanmar's future; noting that, as a first step, the authorities will on 17 May
2004 reconvene the National Convention on the basis of the "6
objectives", including participation of Myanmar's military in the leading
role of national politics of the State in the future, which guided the
Convention when it was first set up in 1993, together with the same widely
criticised procedures and the "104 principles" and Detailed
Basic Principles which set out a detailed blueprint for a unitary, military-dominated
State,
Noting also that, according to the source, Order 5/96, which
penalises any criticism of the National Convention, is still in force and that
MPs-elect are at present forced to sign an agreement to participate in the
Convention or otherwise resign; noting
in this respect that the NLD leadership announced on 16 April that it
would not participate in the National Convention so long as it remained
unchanged,
1. Deplores the
persistent absence of cooperation and response from the authorities,
particularly in view of the serious observations made by the United Nations
Special Rapporteur about the situation in
2. Reaffirms its conviction that the
National Convention, in its present form, is designed to prolong and legitimise
military rule against the will of the people as expressed in the 1990
elections, and thus stands in direct opposition to the principle enshrined the
Universal Declaration of Human Rights that the "will of the people shall be the basis of the authority of government";
3. Expresses therefore deep concern at the
intention of the authorities to reconvene the National Convention through
coercion and under conditions inimical to any genuine democratic procedure and
debate;
4. Remains convinced that any transition towards
democracy in Myanmar, through the National Convention or otherwise, will fail
so long as it is not genuinely free, transparent and reflective of the people’s
will and preceded by the unconditional release of all political prisoners, the
lifting of all remaining restrictions on the enjoyment of human rights, and the
opening of all political parties’ offices;
5. Urges therefore the authorities, as part
of the necessary steps in this direction, to release forthwith the 17 MPs-elect
who are still serving prison sentences, to conduct without any further delay a
thorough, independent and transparent investigation into the 30 May 2003
incident, including the alleged torture of Mr. Soe
Win in detention, and to hold those responsible to account;
6. Remains convinced that strong and
concerted action by members of the Inter-Parliamentary Union, in particular
those from the region, is crucial to bringing about respect for democratic
principles in Myanmar; calls on them
to adopt appropriate and effective steps to this end;
7. Reiterates its wish to conduct an on-site mission
with a view to assisting a satisfactory settlement of this case;
8. Requests the Secretary General to bring
this resolution to the attention of the authorities of
9. Requests the Committee on the Human
Rights of Parliamentarians to continue examining this case and report to it at
its next session, to be held on the occasion of the 111th Assembly
(September-October 2004).