[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 317 Introduced in House (IH)]







110th CONGRESS
  2d Session
H. CON. RES. 317

Condemning the Burmese regime's undemocratic constitution and scheduled 
                              referendum.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2008

Mr. Holt (for himself, Mr. Berman, and Ms. Ros-Lehtinen) submitted the 
following concurrent resolution; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Condemning the Burmese regime's undemocratic constitution and scheduled 
                              referendum.

Whereas in 1974, then dictator General Ne Win and his regime had redrawn the 
        1947 State Constitution and held a referendum for a military-backed 
        constitution, endorsing a civilian front for military rule, known as the 
        Burmese Socialist Program Party;
Whereas in 1988, the people of Burma came to the streets in a massive popular 
        democracy uprising to call for democracy, human rights, and an end to 
        military rule and a single party system;
Whereas the current military regime violently crushed the mass democracy 
        uprising in 1988, killing more than 3,000 peaceful protesters and took 
        over power from the previous regime;
Whereas the current military regime, officially known as the State Peace and 
        Development Council (SPDC), known previously as the State Law and Order 
        Restoration Council (SLORC), held multi-party elections in 1990;
Whereas despite the threat and pressure by the military regime to vote for the 
        candidates of the military-backed National Unity Party (NUP), the people 
        of Burma voted 82 percent of Parliament seats for the candidates of the 
        National League for Democracy (NLD) party, led by detained leader Daw 
        Aung San Suu Kyi and its allied ethnic political parties;
Whereas the military regime refused to honor the election results and arrested 
        and imprisoned both democracy activists and elected members of 
        parliament;
Whereas the SPDC over a period of 14 years held a National Convention to draft a 
        new constitution in which the process was tightly controlled, repressive 
        and undemocratic;
Whereas the NLD walked out of the convention in 1995 because no one was allowed 
        to table alternative proposals or voice any disagreement with the 
        military regime;
Whereas in 2005, the leaders of the Shan Nationalities League of Democracy 
        (SNLD) were all arrested on false charges and sentenced to more than 90 
        years in prison each;
Whereas the people of Burma, led by democracy activists and Buddhist monks in 
        August and September 2007, took to the streets in nationwide peaceful 
        protests demanding the military regime participate in a meaningful tri-
        partite dialogue with Aung San Suu Kyi, the elected political parties 
        from the 1990 elections and the ethnic nationalities representatives for 
        national reconciliation and a transition to democracy;
Whereas according to the United Nations Special Rapporteur on Human Rights 
        Situation in Burma, Professor Paulo Sergio Pinheiro, leading human 
        rights groups and foreign diplomats based in Burma estimate the death 
        toll from the August and September 2007 peaceful protests is much higher 
        than reported by the regime;
Whereas the military regime brutally crushed the peaceful protests killing at 
        least 31 people, nearly 100 are still missing, and arrested 700 
        additional political prisoners whereby Burma's political prisoner 
        population numbers 1,800;
Whereas the United Nations Security Council Presidential Statement, issued by 
        unanimous consent of all members of the Council on October 11, 2007, 
        stated that ``the Security Council strongly deplores the use of violence 
        against peaceful demonstrators in Myanmar, emphasizes the importance of 
        the early release of all political prisoners and remaining detainees'';
Whereas the United Nations Security Council Presidential Statement also stressed 
        ``the need for the Government of Myanmar to create the necessary 
        conditions for a genuine dialogue with Daw Aung San Suu Kyi and all 
        concerned parties and ethnic groups, in order to achieve an inclusive 
        national reconciliation with the direct support of the United Nations'';
Whereas the United Nations and governments around the world also repeatedly 
        called for the SPDC to hold a political dialogue with Daw Aung San Suu 
        Kyi, her party, the NLD, and ethnic party representatives to achieve 
        national reconciliation and democratization as well as to save the 
        country from decades-long mismanagement by the regime which has resulted 
        in a downward spiral of Burma's economic, educational, social, public 
        health and infrastructure sectors;
Whereas the SPDC has ignored the repeated requests of the United Nations and the 
        international community to release all political prisoners, end attacks 
        against civilians, and engage in a meaningful dialogue with Aung San Suu 
        Kyi, her party, the NLD, and ethnic nationality representatives;
Whereas at the same time, the SPDC assigned a commission for drafting the state 
        constitution on October 18, 2007, with 54 hand-picked persons, in an 
        attempt to circumvent legitimate democratic processes and legitimize 
        continued military rule;
Whereas the latest version of the draft constitution seeks to codify military 
        rule, reserving 25 percent of parliamentary seats for military 
        appointees, reserves power to the head of the military to intervene in 
        national politics, and reserves key government ministries to serving 
        military officers;
Whereas although the SPDC has appointed Labor Minister U Aung Kyi as liaison 
        minister to engage with Daw Aung San Suu Kyi for possible talks with 
        Senior General Than Shwe, leader of the SPDC, since October 2007, there 
        has been no development and no hope of a meaningful and time-bound 
        dialogue;
Whereas recently, Daw Aung San Suu Kyi expressed through her party leaders that 
        she is unhappy with the SPDC's unwillingness to establish political 
        dialogue and she even urged the people of Burma to be prepared for the 
        worst;
Whereas on February 9, 2008, the military regime announced that it will hold a 
        constitutional referendum in May 2008 and a general election in 2010;
Whereas on February 12, 2008, the SPDC extended the house arrest of U Tin Oo, 
        Deputy Chairman of the NLD for another year; and
Whereas the military regime is once again trying to abolish the 1990 elections 
        results and the election winning party status held by the NLD, and 
        further legitimize military rule through an undemocratic process: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) denounces the one-sided, undemocratic, and illegitimate 
        act by the State Peace and Development Council (SPDC) to 
        legalize military rule with the constitution;
            (2) firmly insists that Burma's military regime begin a 
        meaningful tri-partite dialogue with Daw Aung San Suu Kyi, the 
        1990 election winning parties and ethnic nationality 
        representatives toward national reconciliation, and the full 
        restoration of democracy, freedom of assembly, freedom of 
        movement, freedom of speech, freedom of the press, and 
        internationally recognized human rights for all Burmese 
        citizens;
            (3) demands the immediate and unconditional release of Daw 
        Aung San Suu Kyi, detained Buddhist monks, and all other 
        political prisoners and prisoners of conscience;
            (4) denounces the SPDC for its failure to comply with the 
        United Nation's recommendations and engage in a meaningful 
        time-bound tri-partite dialogue with Aung San Suu Kyi, the 1990 
        election winning parties and ethnic nationality 
        representatives;
            (5) condemns the military regime's constitution and 
        scheduled referendum;
            (6) calls for the SPDC to comply fully and immediately with 
        the recommendations made by United Nations Special Envoy 
        Ibrahim Gambari and the United Nations Security Council 
        Presidential Statement issued on October 11, 2007;
            (7) urges the President to call for the United Nations 
        Security Council to not accept or recognize the SPDC's 
        constitution which will be the outcome of the referendum;
            (8) urges the President to call for the United Nations 
        Security Council to pass a binding resolution, which will 
        instruct the regime to fully comply with the recommendations 
        made by United Nations Special Envoy Ibrahim Gambari and the 
        United Nations Security Council Presidential Statement, and 
        strengthen the mandate of Secretary-General Ban Ki-moon to 
        engage in a meaningful and time-bound dialogue with Daw Aung 
        San Suu Kyi, the 1990 election winning parties and ethnic 
        nationality representatives towards an inclusive democratic 
        national reconciliation;
            (9) urges the President to push for a comprehensive arms 
        embargo against the Burmese military regime at the United 
        Nations Security Council so that weapons produced by foreign 
        countries, including Ukraine, China, and Russia, who currently 
        sell weapons to Burma's military regime, can no longer 
        contribute the atrocities committed by Burma's military regime 
        against civilians; and
            (10) urges the Association of Southeast Asian Nations to 
        involve itself more deeply in reaching out to the Burmese 
        democracy movement and work with the United Nations Security 
        Council and the Secretary-General to end junta political 
        intransigence and promote meaningful political dialogue.
                                 <all>