[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 636 Introduced in House (IH)]

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114th CONGRESS
  2d Session
H. RES. 636

Expressing the sense of the House of Representatives regarding Burma's 
                            2015 elections.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2016

   Mr. Crowley (for himself and Mr. Chabot) submitted the following 
   resolution; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
Expressing the sense of the House of Representatives regarding Burma's 
                            2015 elections.

Whereas Burma carried out general elections on November 8, 2015;
Whereas of the 75 percent of the seats in the national parliament contested in 
        the elections, the National League for Democracy won 77 percent of those 
        seats, including majorities in both houses of parliament, allowing it to 
        form a governing majority with the right to nominate the President and 
        nonmilitary Vice President;
Whereas the pre-election environment included significant structural problems 
        put in place by the incumbent authorities via the 2008 military-backed 
        constitution, including article 59(f), which may block opposition leader 
        Daw Aung San Suu Kyi from becoming President; requirements that 25 
        percent of the seats in the national and regional parliaments must be 
        filled by soldiers appointed by the military leadership, and article 
        436, which gives the military's parliamentary minority the ability to 
        veto key constitutional amendments;
Whereas despite this environment, domestic and international observers indicated 
        that with respect to the seats being contested, the day of the election 
        was largely carried out in an organized, peaceful, and historic fashion;
Whereas the Carter Center indicated in its post-elections statement that the 
        Burmese peoples', `` . . . empowerment and commitment to the democratic 
        process was not only remarkable but crucial to counterbalancing the 
        considerable structural impediments to fully democratic elections. [. . 
        .] However, [Burma's] transition from authoritarian rule to democracy is 
        incomplete. Additional democratic advances are required to be fully 
        consistent with broadly recognized international standards for 
        democratic elections and governance. The constitutional framework for 
        elections is heavily flawed, limiting the fundamental democratic nature 
        of the elected bodies and undermining public confidence in work of the 
        election administration.'';
Whereas the United States Department of State described the elections as an, 
        ``important step forward'', yet, ``far from perfect'', and indicated 
        that there ``, . . . remain important structural and systemic 
        impediments to the realization of full democratic and civilian 
        government, including the reservation of a large number of unelected 
        seats for the military; the disfranchisement of groups of people who 
        voted in previous elections, including the Rohingya; and the 
        disqualification of candidates based on arbitrary application of 
        citizenship and residency requirements.'';
Whereas the incumbent government continued to arrest, detain, and charge 
        individuals who had engaged in peaceful political activities in the pre-
        election period, and is continuing the prosecution of these cases in the 
        post-election period;
Whereas Burma's military has continued attacks in ethnic nationality areas, 
        particularly in Shan and Kachin states, causing civilian displacement 
        and casualties during the pre-and post-election periods, despite limited 
        cease-fire and national reconciliation talks initiated by the current 
        government;
Whereas the scale of the National League for Democracy's victory gives it the 
        right to select a new president and form a new government, but the 2008 
        constitution may prohibit the NLD from selecting its leader, Daw Aung 
        San Suu Kyi, as a candidate for President and still gives the military 
        the power to appoint the ministers of defense, border affairs, and 
        interior affairs, key ministries where reforms are needed to secure 
        Burma's democratic future;
Whereas Daw Aung San Suu Kyi has for decades stood as the leader of Burma's 
        peaceful, nonviolent opposition movement despite years of house arrest, 
        and has consistently called for peaceful national reconciliation in 
        Burma;
Whereas the United States Congress awarded Daw Aung San Suu Kyi the 
        Congressional Gold Medal in 2008 and presented the award in a ceremony 
        in the Capitol Rotunda in September 2012;
Whereas the President of Burma and the Commander in Chief of the Burmese 
        military have publicly stated they will support a timely and smooth 
        transition to a new NLD-led government; and
Whereas Burma's new government faces numerous political, social and economic 
        challenges, many of which will require cooperation with institutions of 
        governance that remain constitutionally under the control of the Burmese 
        military: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) recognizes the Burmese peoples' profound desire for 
        change as reflected in the vote on November 8, 2015;
            (2) congratulates those who chose to operate in the spirit 
        of democracy, whether they won or lost individual seats;
            (3) acknowledges the important roles played by the 
        international community, Election Day workers, party observers, 
        and domestic election observers in preventing fraud;
            (4) acknowledges that while Burma has taken steps toward 
        democratic rule, many important issues remain unresolved 
        including constitutional, legal, economic, and security 
        challenges that cause serious harm and violations of the basic 
        rights of the people of Burma;
            (5) expresses its deep concern about ongoing attacks in the 
        Kachin and Shan states;
            (6) expresses its deep concern about the plight of the 
        Rohingya people, and urges the current and future governments 
        of Burma to end discriminatory practices and instead work 
        toward restoration of and respect for the rights of the 
        Rohingya and all the people of Burma;
            (7) urges the government and all other stakeholders to 
        support constitutional reform that would allow Burma to assume 
        its place amongst the democratic nations of the world;
            (8) calls on the President of the United States and 
        Secretary of State to focus on--
                    (A) securing solutions to urgent human rights and 
                humanitarian problems, including fulfillment of the 11 
                human rights and security commitments made by the 
                current President of Burma to President Obama;
                    (B) supporting changes to issues described by the 
                Department of State as ``structural and systemic 
                impediments to the realization of full democratic and 
                civilian government'' including constitutional changes;
                    (C) bringing about the immediate and unconditional 
                release of all political prisoners, including those 
                awaiting trial or sentencing; and
                    (D) supporting an end to offensives against ethnic 
                nationalities and the creation of a peaceful federal 
                union acceptable to the people of Burma; and
            (9) urges the incumbent government to support a timely, 
        peaceful, and effective transfer of power to the new 
        government.
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