[Congressional Record Volume 150, Number 89 (Thursday, June 24, 2004)]
[Senate]
[Pages S7392-S7395]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RENEWAL OF IMPORT RESTRICTIONS IN THE BURMESE FREEDOM AND DEMOCRACY ACT
OF 2003
Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate
now proceed to the consideration of S. J. Res. 39, the Burma import
restrictions bill. I further ask unanimous consent that the statutory
time limit be yielded back, and the joint resolution be read a third
time and placed back on the Senate calendar. I further ask unanimous
consent that the Senate then proceed to the immediate consideration of
H. J. Res. 97, the House Burma resolution, and that all time be yielded
back, and the Senate proceed to a vote on the resolution, with no
intervening action or debate.
Mr. BYRD. Mr. President, reserving the right to object.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. BYRD. What do these resolutions do?
Mr. McCONNELL. Mr. President, last year, the Senate passed a
resolution imposing sanctions on the thug regime that has been running
Burma for the last 25 years. It comes up for annual renewal, much like
the most-favored-nation procedure we used to apply to China. This is
that resolution renewing the sanctions for another year.
Mr. BYRD. I thank the Senator. I thought there was another resolution
the Senator mentioned.
Mr. REID. We are going to do that one next.
Mr. BYRD. That was all, Mr. President, this one resolution?
Mr. McCONNELL. I am sorry, I did not hear.
Mr. BYRD. The Burma resolution, is that the only resolution to which
the Senator referred?
Mr. McCONNELL. Yes, the only resolution.
Mr. REID. Reserving the right to object.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Will the distinguished Senator from Kentucky modify his
request to allow for a 10-minute vote rather than the normal 15
minutes?
Mr. McCONNELL. That is perfectly acceptable.
The PRESIDING OFFICER. Without objection, it is so ordered. There
will be a 10-minute vote on this resolution.
The clerk will report.
The assistant legislative clerk read as follows:
A joint resolution (S. J. Res. 39) approving the renewal of
import restrictions contained in the Burmese Freedom and
Democracy Act of 2003.
The PRESIDING OFFICER. The question is on the engrossment and third
reading of the joint resolution.
The joint resolution was ordered to be engrossed for a third reading
and was read the third time.
The PRESIDING OFFICER. Under the previous order, the joint resolution
will be returned to the calendar.
The clerk will report H. J. Res. 97.
The assistant legislative clerk read as follows:
A joint resolution (H. J. Res. 97) approving the renewal of
import restrictions contained in the Burmese Freedom and
Democracy Act of 2003.
Mr. FEINGOLD. Mr. President, I am pleased to support S.J. Res. 39,
approving the renewal of import restrictions contained in the Burmese
Freedom and Democracy Act of 2003. I am a cosponsor of this resolution,
and I believe that these sanctions must be renewed.
The resolution states that the State Peace and Development Council,
SPDC, the military junta of Burma, has failed to make substantial
progress toward implementing a democratic government and that import
sanctions and other restrictions against the SPDC must remain in force
until ``Burma embarks on an irreversible path of reconciliation that
includes the full and unfettered participation of the National League
for Democracy and ethnic minorities in the country.''
The situation in Burma remains disturbing. The military junta in
Burma continues to commit egregious human
[[Page S7393]]
rights abuses against its population. Human rights organizations have
documented the systematic rape of Shan women on a massive scale by
Burmese military forces and the recruitment of children, as young as
11, into the Burmese national army. Torture, extra judicial executions,
forced labor and widespread political repression all characterize the
Burmese political landscape. Aung San Suu Kyi, leader of the National
League for Democracy, NLD, and other senior NLD members remain under
house arrest. Approximately 1,300 political activists, including
elected members of parliament, languish in Burmese prisons, as
punishment for their nonviolent pursuit of democracy.
Despite the SPDC's announcement of a new political initiative, a
``roadmap'' to democracy, they continue to break their promises of
political reform. On May 17, 2003, the junta opened a constitutional
convention that the junta promoted as being a first step toward
democracy and democratic elections. The NLD boycotted this convention,
after the junta refused to free Aung San Suu Kyi. The SPDC's
continuation of the convention without the key political parties of the
NLD and the United Nationalities Alliance, a group of ethnic parties
that participated in the 1990 elections, demonstrates the emptiness of
the SPDC's commitments to reform.
The military junta not only creates hardship for the Burmese people,
but threatens stability in the region and beyond. Reports have emerged
that Burma and North Korea have reestablished military and trade links
after a termination of diplomatic relations in 1983. The U.S. State
Department accused North Korea of seeking to sell surface to surface
missiles to Burma's government and reported that Washington was aware
that the Burmese regime is interested in acquiring a nuclear research
reactor.
In addition, Burma continues to be a primary source of narcotics in
Asia, as one of the world's largest trafficker of methamphetamine and
second largest producer of opium. In their International Narcotics
Strategy report for 2003, the U.S. State Department reported that major
Wa traffickers, of the ethnic Wa group in northeastern Shan State,
continue to operate with apparent impunity. In addition, in the Annual
Presidential Determinations of Major Illicit Drug-Producing and Drug-
Transit Countries for 2003, the President designated Burma as having
``failed demonstrably'' to make substantial counter-narcotics efforts.
According to U.S. State Department, the government of Burma continued
to be deficient in dismantling drug organizations, attacking drug-
related corruption and addressing money-laundering issues. Officials in
China, Thailand and India have expressed serious concerns about illicit
drugs flooding into their countries from Burma and the increase of drug
addiction among their youth.
Human trafficking in Burma is also of enormous concern. In the State
Department's Trafficking in Persons report for 2004, Burma was placed
in Tier 3, a category for those countries which are not in compliance
with the minimum standards of the Trafficking Victims Protection
Reauthorization Act of 2003 and are not making significant efforts to
bring themselves into compliance. According to the State Department,
not only is Burma a source country for persons trafficked for forced
labor and sexual exploitation, but government officials and the
military are complicit in trafficking. Human Rights Watch states,
``recruiters for Burma's army frequently apprehend boys at train and
bus stations, markets and other public places, threatening them with
jail if they refuse to join the army. . . . After brutal training,
child soldiers are deployed into units, where some are forced to fight
against ethnic armed opposition groups.''
Adding to regional instability, over 1.6 million person have fled
Burma due to persecution and violence. In addition, it is estimated
that there are between 600,000 and 1 million internally displaced
persons within the country.
The United States and its international partners, including the
United Nations, ASEAN and the European Union must persist in their
demands for political reform in Burma. The renewal of these sanctions
sends a powerful message to Burma that the United States is not
satisfied with their facade of democratization. I also strongly urge
the European Union to strengthen their existing sanctions on Burma. The
SPDC must take immediate steps to release Aung Sang Suu Kyi and other
political prisoners and to create a broad-based democratic government
that respects human rights and the rule of law.
Mr. McCAIN. Mr. President, I commend Senators McConnell and Feinstein
for their efforts to renew sanctions contained in last year's Burmese
Freedom and Democracy Act. I am proud to be an original cosponsor.
The world's democracies have a common moral obligation to promote
human rights. In few places is the lack of freedom and justice more
appalling than in Burma, a country in which a band of thugs, led by
General Than Shwe, controls the population through violence and terror.
The Burmese regime has a record of unchecked repression. It has
murdered political opponents, used child soldiers and forced labor, and
employed rape as a weapon of war. Last year, the Burmese military junta
launched an orchestrated, violent attack against democracy leader Aung
San Suu Kyi and hundreds of her supporters. Since then, the regime has
kept more than 1,000 political activists imprisoned, including elected
members of parliament.
Aung San Suu Kyi remains a captive. Because she stands for democracy,
this heroic woman has endured attacks, arrest, captivity, and untold
sufferings at the hands of the regime. The junta fears Aung San Suu Kyi
because of what she represents--peace, freedom, and justice for all
Burmese people. The thugs who run Burma have tried to stifle her voice,
but they will never extinguish her moral courage. Her leadership and
example shines brightly for the millions of Burmese who hunger for
freedom, and for those of us outside Burma who seek justice for its
people. She recently celebrated her 50th birthday, under house arrest.
Last month, the National League for Democracy courageously boycotted
the junta's so-called ``National Convention.'' The government portrayed
this sham convention as the first step in a ``roadmap to democracy,''
but it is clear that it is intended to blunt international pressure,
rather than as a serious step in a democratic process. No ``roadmap to
democracy'' will have any credibility so long as Aung Suu Kyi remains
in confinement.
The work of Aung San Suu Kyi and the members of the National League
for Democracy must be the world's work. We must continue to press the
junta until it is willing to negotiate an irreversible transition to
democratic rule. The Burmese people deserve no less.
In recognition of this, last year the Congress overwhelmingly passed
the Burmese Freedom and Democracy Act. In doing so, we took active
steps to pressure the military junta, and we sent a signal to the
Burmese people that they are not forgotten--that the American people
care about their freedom and will stand up for justice in their
country.
For this reason I stand in support of the joint resolution that will
renew the import restrictions contained in last year's legislation--
sanctions that are supported by the National League for Democracy.
These restrictions must remain until Burma embarks on a true path of
reconciliation--a process that must include the NLD and Burmese ethnic
minorities. I note, however, that while the American people have spoken
with one voice in support of freedom in Burma, it is past time that the
leaders of other nations do the same. No other country has yet
implemented U.S.-style economic sanctions. The Europeans should reject
half measures and join the United States in targeted sanctions against
the military regime. China, Thailand, India, and other Asian nations
uncomfortable with a tougher response to the junta's crimes must
understand that diplomatic obfuscation and obstruction on Burma will
profoundly affect their broader bilateral relationship with the western
democracies.
The picture today in Burma is tragically clear. So long as a band of
thugs rules Burma, its people will never be free. They will remain
mired in poverty and suffering, cut off from the world, with only their
indomitable spirit to keep them moving forward. With our action today,
we will support this spirit.
[[Page S7394]]
Mr. BAUCUS. Mr. President, I speak about Burma and U.S. sanctions
policy. Last year, thugs working for the illegitimate Burmese
government attacked opposition leader Aung San Suu Kyi and her
supporters with clubs and sharpened sticks, killing as many as 70 pro-
democracy activists.
The government then held Suu Kyi in what it cynically called
``protective custody.'' Those events prompted international outrage and
led the United States to pass the Burmese Freedom and Democracy Act of
2003.
That Act banned all imports to the United States from Burma. Chairman
Grassley and I worked hard to ensure that these sanctions would be
effective--and that Congress would continue to play a key role in their
implementation.
I did not want Congress to impose trade sanctions on Burma without
any opportunity to review the policy and revise it if it wasn't
working. So the act requires that Congress debate and vote on whether
to renew the import ban every year. That is why we are here today.
What has the import ban accomplished? In 2002, the last full year
without a ban, Burma exported $356 million to the United States, mainly
in garments and apparel products.
Since the U.S. blocked all imports from Burma, more than 100 garment
and apparel factories have closed, throwing 50,000 to 60,000 people,
mainly young women, out of work.
And according to the State Department, many of these young women,
lacking jobs and opportunities are, in desperation, quote, ``turning to
work in the sex industry or being forced or duped into prostitution by
traffickers.''
On the other hand, Burma's military rulers are doing just fine. The
State Department notes that ``the military leaders personal power and
wealth have little connection to the well-being of the country. The
country's economic and military elite derives its greatest earning
power from the trade of natural resources with neighboring states and
countries in the region.''
I have long been critical of unilateral sanctions. They almost never
work. They may be an effective expression of our rage, but as a rule,
they do not destabilize oppressive regimes, and they often hurt the
unfortunate people they are intended to help.
The ban on imports from Burma is no exception to this rule.
Multilateral sanctions can be effective. That's why I insisted that the
act require the administration to work toward making the sanctions
multilateral. But to date, no country in the world has joined the
United States in banning imports from Burma--not one.
Now, let me emphasize that Burma's government is despicable by any
measure. Security forces commit murder, use rape as a weapon of war
against ethnic minorities, and utilize forced labor. Democracy
activists are arrested and dissent punished. Conscription of child
soldiers is widespread.
There is no dispute that Burma's actions require a response. The
question is whether unilateral trade sanctions are the proper response.
This is not an easy question. I hope that my colleagues have thought
hard about the consequences. I hope they have made an honest assessment
of the merits of maintaining the import ban.
We cannot forget that the votes we cast have real consequences. Those
thousands of young women being forced into prostitution should serve as
a harsh reminder.
After struggling with the issue for some time, I decided to support
renewing the import ban for another year.
On balance, I believe we should allow the administration more time to
try to convince other countries to join in sanctioning the outlaw
regime in Burma. But I would urge the administration to make this more
of a priority. Their efforts so far have produced little result.
If I am to find any consolation in this state of affairs, it comes
from the fact that Congress has a say in whether the trade sanctions on
Burma continue. We have retained our Constitutional authority over
international commerce.
This is consolation to me because it is hard to evaluate any
unilateral sanctions program without looking back on our failed
sanctions against Cuba.
Since 1960, when the Cuban embargo was first put in place, the United
States has pursued a unilateral policy of driving the Castro regime out
of power. Even as the rest of the Soviet bloc collapsed, the Castro
regime has retained its control on the Cuban island.
The U.S. embargo has failed. In fact, it is obvious to me that the
embargo actually shelters Castro, and has directly contributed to the
strength of his regime.
But the unilateral embargo has remained in place for more than forty
years. Had Congress originally required an annual vote on the Cuban
embargo, as we have now done with the Burma sanctions, the embargo
would have been eliminated long ago.
Instead, the Cuban sanctions were created without any end in sight,
without any exit strategy, without any plan for its removal. So, here
we are, thirteen years beyond the fall of the Soviet Union, with the
last vestige of the Cold War alive and well 90 miles from our shores.
That's why Senators Roberts, Enzi and I have introduced legislation
to give Congress a voice on Cuba sanctions. This legislation mirrors
the legislation on Burma that we are discussing today.
It would allow sanctions against Cuba to continue--but would require
both Houses of Congress to vote annually to renew the sanctions. Absent
such a vote, the sanctions would end.
This is a reasonable approach to Cuba, and to sanctions more
generally. Of course, that's also why this legislation won't pass this
year. The Administration and Congressional leadership are well aware
that Cuba sanctions would not survive a Senate vote.
In fact, last year, overwhelming majorities in the Senate and House
voted to suspend enforcement of the travel ban. Everyone here remembers
that those votes were ignored by the leadership in both chambers, and
the travel ban remained in place.
I hope that Congress can learn from the mistakes we have made--and
are still making--in Cuba. I hope that Congress will work toward a more
responsible sanctions regime. I stand ready to work with my colleagues
to make that happen.
Let me close by thanking Senators McConnell, Feinstein, and Grassley
for their work on the Burma legislation. Senators McConnell and
Feinstein have been tireless advocates for democracy in Burma. They
deserve to be commended.
I would also like to acknowledge some of the staff who have worked
hard on this issue--Paul Grove, Michael Schiffer, Everett Eissenstat,
and Stephen Schaeffer.
Mrs. FEINSTEIN. Mr. President, I rise today with my colleague from
Kentucky, Senator McConnell, in support of the joint resolution
renewing the sanctions against Burma. The House has overwhelmingly and
in a bipartisan manner passed this resolution, and I urge the Senate to
do likewise.
Last year, following the brazen attack against the motorcade of Nobel
Peace Prize winner and National League of Democracy leader Aung San Suu
Kyi, the United States took a firm stand on the side of human rights
and democracy for the Burmese people by passing the Burmese Freedom and
Democracy Act and imposing a complete ban on Burmese imports.
One year later, Suu Ky remains under house arrest and the military
junta, the State Peace and Development Council (SPDC), has failed to
make ``substantial and measurable progress'' towards a true dialogue on
national reconciliation and recognition of the results of the 1990
parliamentary elections, decisively won by the NLD.
As a result, the Senate has no choice but to support renewing the
sanctions for another year.
Let me be clear. I do not believe sanctions are a panacea for every
foreign policy dispute we have with another country.
I have long supported the reform of our sanctions policy, and, in my
view, Congress should have the opportunity to revisit sanctions imposed
on other countries on a case-by-case basis and in a timely fashion.
I am cosponsor of Senator Baucus's legislation to allow Congress to
vote up or down on the sanctions imposed on Cuba for that very reason.
It seems clear to me that 40 years later, those sanctions have not
achieved our foreign policy goals. Yet, under different circumstances
and conditions, sanctions can be effective.
[[Page S7395]]
Burma, in my view, is such a case. One year is not a sufficient
period of time to judge the effectiveness of the sanctions, and there
is reason to believe that the international community is coming
together to put additional pressure on the military regime.
I was disappointed that the European Union and the Association of
Southeast Asian Nations (ASEAN) did not follow the United States' lead
last year and impose tough sanctions on the military junta.
Nevertheless, the EU, for one, is beginning to realize that
engagement with Rangoon has failed to achieve the desired results.
Last week, the EU refused to include Burma in two lower-level
meetings with ASEAN representatives and, in response to ASEAN's demand
that all of its members be allowed to attend, the EU canceled the
meetings.
Supporters of freedom and democracy in Burma should welcome this move
and continue to urge our allies to put additional pressure on the
military regime.
There is also some positive movement within ASEAN itself, including
Malaysia, the country that sponsored Burma's entry into the Association
and has supported ``non-interference'' in domestic affairs of other
members.
Earlier this month, a group of Malaysian parliamentarians--from the
government and the opposition--formed a committee to press for
democracy in Burma. The group called on the SPDC to immediately and
unconditionally release all political prisoners and restore democratic
government.
The parliamentary group stated: ``The caucus also calls upon the
(Burma) government to respect ASEAN and international opinion and
return to the mainstream of responsible international norms and
behavior.''
Of course, we would all like to see ASEAN, the EU, and others to take
additional steps to put pressure on Rangoon to respect human rights and
restore democracy. But we must continue to take the lead.
I believe that by passing this resolution and renewing the sanctions
on imports from Burma for another year, we will enhance our leadership
in this area and rally the international community to our cause. Now is
not the time to weaken our resolve.
Some may argue that the sanctions do no harm to the members of the
military junta and instead place additional hardships on the Burmese
people.
The military junta itself cynically suggested that the reason why
human trafficking is a rampant problem in Burma--as cited in the latest
State Department report--is due to the desperate economic conditions
caused by the sanctions imposed by the United States.
Let us not forget that for over 15 years the military junta has
brutalized its won citizens, engaged in numerous human rights abuses
including rape, forced labor, and human trafficking of young boys and
girls, and run the Burmese economy into the ground.
And the consequences of the regime's repressive rule extend far
beyond its borders. As Senator McConnell and I pointed out in an op-ed
that appeared in the Wall Street Journal, the spread of narcotics, HIV/
AIDS, and refugees across the region can be traced back to Rangoon.
As South African Archbishop Desmond Tutu stated earlier this year:
``To dismantle apartheid [in South Africa] took not only commitment,
faith, and hard work, but also intense international pressure and
sanctions. In Burma, the regime has ravaged the country, and the
people, to fund its illegal rule. Governments and international
institutions must move past symbolic gestures and cut the lifelines to
Burma's military regime through well-implemented sanctions.''
We cannot say for certain these sanctions will work. But we can be
certain that if we do nothing and allow these sanctions to expire, the
military junta will strengthen its grip on power and the day of Suu
Kyi's release from house arrest and the re-birth of democracy in Burma
will be put off further into the future.
We simply cannot afford to make that mistake and turn our backs on
those who are looking to us for hope and inspiration.
I urge my colleagues to renew their support for freedom and
democracy, Suu Kyi and the Burmese people and support this resolution.
Mr. McCONNELL. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is, Shall the joint resolution pass? The clerk will call
the roll.
The legislative clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Indiana (Mr. Lugar)
and the Senator from Kansas (Mr. Roberts) are necessarily absent.
Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry)
is necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 96, nays 1, as follows:
[Rollcall Vote No. 150 Leg.]
YEAS--96
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Ensign
Feingold
Feinstein
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NAYS--1
Enzi
NOT VOTING--3
Kerry
Lugar
Roberts
The joint resolution (H.J. Res. 97) was passed.
Mr. McCONNELL. Mr. President, I move to reconsider the vote.
Mr. BOND. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Kentucky.
____________________