[Congressional Record Volume 152, Number 68 (Friday, May 26, 2006)]
[Senate]
[Pages S5390-S5392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL (for himself, Mrs. Feinstein, Mr. McCain, Mr. 
        Frist, Mr. Reid, Mr. Alexander, Mr. Allard, Mr. Allen, Mr. 
        Bennett, Mr. Biden, Mr. Bingaman, Mrs. Boxer, Mr. Brownback, 
        Mr. Bunning, Mr. Burns, Mr. Burr, Mr. Chafee, Mr. Chambliss, 
        Mrs. Clinton, Mr. Cochran, Ms. Collins, Mr. DeWine, Mrs. Dole, 
        Mr. Domenici, Mr. Durbin, Mr. Ensign, Mr. Feingold, Mr. Hagel, 
        Mr. Harkin, Mr. Kennedy, Mr. Kerry, Mr. Kohl, Mr. Kyl, Mr. 
        Leahy, Mr. Lieberman, Mr. Lugar, Mr. Martinez, Mr. Menendez, 
        Ms. Mikulski, Ms. Murkowski, Mr. Obama, Mr. Salazar, Mr. 
        Santorum, Mr. Sarbanes, Mr. Smith, Ms. Stabenow, Mr. Sununu, 
        Mr. Voinovich, and Mr. Wyden):
  S.J. Res. 38. A joint resolution approving the renewal of import 
restrictions contained in the Burmese Freedom and Democracy Act of 
2003, and for other purposes; to the Committee on Finance.
  Mr. McCONNELL. Mr. President, today, along with my colleagues, 
Senators Feinstein and McCain, I rise to introduce an extension of the 
Burmese Freedom and Democracy Act.
  We are joined by a host of original cosponsors: Senators Frist, Reid, 
Alexander, Allard, Allen, Bennett, Biden, Bingaman, Boxer, Brownback, 
Bunning, Burns, Burr, Chafee, Chambliss, Clinton, Cochran, Collins, 
DeWine, Dole, Domenici, Durbin, Ensign, Feingold, Hagel, Harkin, 
Kennedy, Kerry, Kohl, Kyl, Leahy, Lieberman, Lugar, Martinez, Menendez, 
Mikulski, Murkowski, Obama, Salazar, Santorum, Sarbanes, Smith, 
Stabenow, Sununu, Voinovich, and Wyden.
  This broad bipartisan coalition reflects the overwhelming consensus 
within this body that the issue of freedom in Burma--and the immediate 
threat that that country poses to the entire region--is one of major 
importance. To put it simply, America has a moral obligation to 
continue to stand with the Burmese people against the country's 
dictatorial regime, the State Peace and Development Council (SPDC).

[[Page S5391]]

  As many of you know, last year the extension of sanctions was signed 
into law by President Bush on July 27, 2005, and it enjoyed strong 
bipartisan support. It passed the Senate by a vote of 97-1.
  The past year has brought more news from Burma that has ranged from 
the disconcerting to the horrific. First, the SPDC inexplicably decided 
to move the nation's capital from Rangoon to the hinterlands. Thus, 
instead of using state resources for the betterment of the Burmese 
people, who desperately need it, the SPDC will use state funds to build 
a brand new, unneeded capital located deep within the interior.
  Second, Nobel Peace Prize winner Daw Aung San Suu Kyi and scores of 
other prisoners of conscience remain imprisoned by the SPDC. There are 
rumors that she may be released soon, and I hope they prove true.
  Third, last fall the SPDC began a brutal military campaign against 
ethnic minorities, creating thousands of new internally displaced 
persons (IDPs); these thousands to be added to the approximately half 
million already without a home in Burma. Burma has the biggest IDP 
problem in Asia, Mr. President.
  This bill ensures that the United States will not be a party to such 
brutality and oppression. As in the past, the legislation prohibits 
imports into the United States from Burma. The bill also maintains a 
freeze on the assets held by Burmese Government officials in U.S. 
financial institutions. In addition, the bill authorizes the President 
to assist democracy activists dedicated to nonviolent opposition to the 
regime in Burma.
  America is not alone in the effort to promote freedom and democracy 
in that nation. In addition to our allies in Europe, the ASEAN Inter-
Parliamentary Myanmar Caucus, a grouping of members of parliament from 
six countries in ASEAN, just this week issued a strong statement on 
Burma. The group called on the U.N. Security Council to ``adopt[] a 
resolution on Burma that would empower them to intervene in Burma's 
crises. It is time for real action. It is time for a new, democratic 
and peaceful Burma.''
  Clearly, it is time for the Security Council to discuss and debate a 
legally-binding, nonpunitive resolution on Burma that calls for the 
immediate and unconditional release of Suu Kyi and all other political 
prisoners in that country; an end to abuses against minorities 
(including the use of rape as a weapon of war); and the beginning of a 
meaningful national reconciliation process that includes the unfettered 
participation of the National League for Democracy (NLD) and ethnic 
minorities with the SPDC.
  Let me be clear that a briefing on Burma before the U.N. Security 
Council by U.N. Under-Secretary-General for Political Affairs Ibrahim 
Gambari should not serve as a substitute for a resolution on this 
matter. We need less talk and more action at the U.N. in support of 
democracy, freedom and justice in Burma.
  Let me offer a comment or two about Mr. Gambari's recent visit to 
Burma. I do not share his optimistic view that the SPDC is ready to 
``turn the page.'' In my view, the junta is only interested in 
deflecting and deflating growing pressure by the international 
community to change its repressive ways--and in avoiding the U.N. 
Security Council's consideration of a resolution that addresses the 
threat the SPDC poses to its own people and the entire region. This may 
explain why rumors of Suu Kyi's release abound.
  However, even if Suu Kyi were to be released there is no reason--
absolutely none--for anyone to decrease pressure on the junta. The SPDC 
is to be judged not by what it says--we've certainly heard much of the 
same before--but by what it does. We have yet to see any evidence of 
the formation of a credible reconciliation process that includes the 
full and unfettered participation of the National League for Democracy 
and ethnic nationalities--who, by the way, are being slaughtered and 
raped by an ongoing military offensive waged by the junta.
  I am pleased to be joined by Senators Feinstein, Frist, Brownback, 
Lautenberg, Durbin, Feingold, Mikulski and Lugar in sending a letter to 
President Bush today asking that the United States work to secure a 
resolution at the Security Council as soon as possible.
  Until the SPDC's demonstrates by its actions that it is serious about 
reconciliation and reform in Burma, the international community has no 
choice but to use more sticks--and less carrots--to increase pressure 
on the junta.
  Mrs. FEINSTEIN. Mr. President, I rise today once again with my friend 
and colleague Senator McConnell to introduce legislation to renew the 
ban on all imports from Burma for another year.
  Our legislation also amends the original Burmese Freedom and 
Democracy Act of 2003 to allow the sanctions to be renewed, one year at 
a time, for up to 6 years.
  It is critical that the Congress and the administration send a strong 
signal to the military junta, the State Peace and Development Council, 
that our resolve has not weakened and we are still committed to a free 
and democratic Burma. Unless the SPDC makes ``substantial and 
measurable progress'' towards a true national dialogue on national 
reconciliation and recognition of the results of the 1990 elections--
decisively won by the National League for Democracy--the import ban 
must remain in place.
  Let us review the facts.
  Aung San Suu Kyi, Nobel Peace Prize recipient and leader of the 
National League for Democracy, remains under house arrest. She has 
spent the better part of the past 16 years imprisoned or under house 
arrest.
  The human rights situation in Burma is deplorable and demands a 
clear, unified response from the international community: 1,300 
political prisoners are still in jail; according to a report by the 
Asian human rights group, Assistance Association for Political 
Prisoners, 127 democracy activists have been tortured to death since 
1988; 70,000 child soldiers have been forcibly recruited; the practice 
of rape as a form of repression has been sanctioned by the Burmese 
military; use of forced labor is widespread; human trafficking is 
rampant; and the government engages in the production and distribution 
of opium and methamphetamine.
  Senator McConnell and I coauthored the ``Burmese Freedom and 
Democracy Act of 2003'' which imposed a complete ban on all imports 
from Burma.
  It was overwhelmingly renewed in 2004 and 2005, and now Congress has 
the opportunity to reauthorize the sanctions for one more year.
  But the United States cannot act alone. The United Nations and the 
international community have a vital role to play.
  Along with Senator McConnell and others, we have repeatedly made the 
case that given the numerous human rights abuses, the spread of HIV/
AIDS, the illicit production and trafficking of narcotics, and the 
trafficking of human beings by the military junta, the situation in 
Burma should be referred to the United Nations Security Council for 
debate and appropriate action.
  A recent report by former Czech president Vaclav Havel and retired 
archbishop Desmond Tutu of South Africa--``Threat to Peace: A Call for 
the UN Security Council to Act on Burma''--confirms the need for U.N. 
intervention. It details how the situation in Burma fulfills each of 
the criteria used for past intervention by the Security Council: 
overthrow of an elected government; armed conflicts with ethnic 
minorities; widespread human right violations; outflow of refugees, 
over 700,000; and drug production and trafficking and the spread of 
HIV/AIDS.

  It is time for the United Nations to act on this report and debate 
and pass a binding, nonpunitive, resolution on Burma that recognizes 
the threat the regime poses to the region and calls for Suu Kyi and all 
prisoners of conscience to be released.
  Some may argue that because Suu Kyi remains under house arrest and 
the Burmese people lack basic human rights and a representative 
government, the sanctions have failed and it is time to lift the import 
ban.
  I could not disagree more.
  First, Aung San Suu Kyi and the democratic opposition continue to 
support a ban on all imports from Burma.
  If we lift this ban now, without any measure of progress towards 
democracy and human rights, we will turn our backs on them and give 
comfort to their oppressors.
  Second, the international community is coming together to put 
pressure on Burma.

[[Page S5392]]

  In July 2005, ASEAN forced Burma to forgo its scheduled rotation as 
chairman of the organization.
  On December 16, 2005, the U.N. Security Council debated the situation 
in Burma for the first time.
  Next week, United Nations Undersecretary for Political Affairs will 
brief members of the Security Council on his meeting with Suu Kyi, her 
first meeting with a foreigner since 2004.
  Why would we turn back now when the military junta is increasingly 
isolated and the plight of the Burmese people is on the agenda of the 
international community?
  Indeed, while we are far from our goal of a free and democratic 
Burma, we are making progress and we should stay the course.
  I remind my colleagues that under the provisions of this legislation, 
we will have the opportunity to debate sanctions on Burma every year. 
That is how it should be.
  Sanctions are not a panacea for every foreign policy dispute. But, 
when they are backed by a robust international response, they can be 
effective and they can compel change.
  Archbishop Desmond Tutu has rightly said, ``As long as [Suu Kyi] 
remains under house arrest, not one of us is truly free''.
  Today I urge the SPDC to release Aung San Suu Kyi, recognize the 1990 
elections, and engage in a true dialogue with the National League for 
Democracy.
  I urge the United Nations Security Council to debate and pass a 
binding, non-punitive resolution on Burma that recognizes the threat 
the regime poses to the region and calls for Suu Kyi and all prisoners 
of conscience to be released.
  And, finally, I urge United States Senate to renew the sanctions on 
Burma for another year.

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