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/176/13(b)-R.1), and to the resolution adopted at its 175^th session (October 2004),

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 that 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 Ohn Kyaing, U Sein Hla Oo, U Khin Maung Swe, Than Nyein and Dr. May Win Myint has reportedly seriously deteriorated in detention, and that without proper medical treatment their lives may be at risk; and considering that the prison terms of Dr. May Win Myint was recently extended for 60 days and subsequently for a further year without any reason being provided, and that, in a similar vein, a prison-term extension was imposed on Than Nyein,

Considering that on 9 December 2004, Myint Naing, who had been released in early 2004 after spending 14 years in prison on account of his political activities, was sentenced to three months’ imprisonment in connection with a motorcycle accident, although he had not been at fault, as was subsequently sustained in court by the motorcyclist involved in the accident; he was reportedly released on 8 March 2005,

Considering that Ohn Maung and Toe Po were released on 19 November 2004; that parliamentarian-elect and Chairperson of the Shan Nationalities League for Democracy (SNLD) Khun Htun Oo was reportedly arrested on 9 February 2005, allegedly as part of an effort by the authorities to break the united stand of the ethnic parties led by the SNLD, and has reportedly been charged with conspiracy against the State, an offence carrying the death penalty; that Kyaw Min and Kyaw San were reportedly rearrested on 17 March 2005 and that no reasons were provided for their arrest,

Considering also 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"; that he "continued to be concerned by the administrative detention of political prisoners beyond the expiry of their prison sentences",

Recalling that at its 175^th session (October 2004) it asked the Secretary General to renew its request to all IPU Members to provide feedback on action taken in favour of the parliamentarians-elect and the promotion of democracy in Myanmar in general, and to compile this information and make it available at the 112^th IPU Assembly in Manila; noting that many parliaments and other organisations concerned with Myanmar have contributed to this compilation,

Noting in this regard that at the Workshop of ASEAN Parliamentarians on the Myanmar Issue, held by the Pro-Democracy Myanmar Caucus of the Malaysian parliament from 26 to 28 November 2004 in Kuala Lumpur, some 40 parliamentarians from Cambodia, Indonesia, Malaysia, the Philippines, Singapore and Thailand reached agreement on forming parliamentary caucuses on Myanmar in their respective countries and on the establishment of the ASEAN Inter-Parliamentary Caucus on Myanmar, which, on 2 April 2005 in Manila, adopted a comprehensive resolution in favour of democracy in Myanmar,

1. Remains deeply concerned at the absence of any progress towards the full release of the parliamentarians-elect, who continue to languish in prison although most of them have already served their sentences; is also concerned in this regard at recent reports that prison terms have been arbitrarily extended for Than Nyein and May Win Myint;

2. Is alarmed at reports that parliamentarians-elect continue to be subjected to arbitrary arrests; expresses particular concern at the serious allegations concerning the recent arrest of Khun Htun Oo;

3. Once more urges the authorities to release all parliamentarians-elect forthwith, starting with those whose health is highly precarious, and to refrain from arbitrarily rearresting them and prolonging their detention periods;

4. Reaffirms that the restoration of the rule of law and human rights further requires the full removal of the ban on political activities and the establishment of institutions that are representative of the people’s will; reaffirms in this respect its conviction that the National Convention, in its present form, can only be seen as a body designed to prolong and legitimise military rule against the will of the people as expressed in the 1990 elections, and that any constitution adopted by that body would lack legitimacy;

5. Calls upon the authorities to engage in a genuine dialogue with those who were elected in the 1990 elections and represent the people;

6. Remains convinced that members of the Inter-Parliamentary Union can make a significant contribution in pressing for the respect of democratic principles in Myanmar; encourages them to show their solidarity with their elected colleagues from the Pyithu Hluttaw, in particular by supporting the "Committee Representing the People's Parliament" and by making appropriate Myanmar-related policy recommendations to their governments, such as discouraging trade with or tourism to Myanmar;

7. Is heartened by the feedback on parliamentary initiatives taken at the national, regional and international levels, and expresses its gratitude to all those who have provided information on such action;

8. Welcomes in particular the recent initiative by a group of parliamentarians from the ASEAN States to establish the ASEAN Inter-Parliamentary Caucus on Myanmar and its resolution adopted in Manila on 2 April 2005; and encourages others to join them or to take similar steps in their region;

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

10. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 113^th IPU Assembly (October 2005).

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